Dr. Yehia Moursy El Nemr
Assistant Professor of Public Law
Kuwait International Law School (KILAW)

Abstract:

The right to demonstrate is a fundamental human right in most constitutions worldwide. Yet, many negative implications of this right occur when demonstrations attract criminal elements such as burglars and rioters, so demonstrations give rise to considerable damage to public or private property. The states should not rely on insurance companies to compensate for these damages. Some countries have started to apply the theory of state responsibility without fault to compensate for these damages. Therefore, the study’s subject was selected to shedding light on compensating damages caused by violent protests in the United Kingdom, France, Egypt, and State of Kuwait. And the paper tries to focus on the historical and judicial developments of the state’s responsibility without fault for the damages caused by the violent protests in these countries.
Moreover, the study focuses on the significant issue of adopting the state›s responsibility without fault for the damages caused by violent protests in Egypt and State of Kuwait, the challenges faced, and how to overcome them. To achieve this purpose, the researcher employed a descriptive, analytical, and critical methodology depending on legal provisions in the United Kingdom, France, Egypt, and State of Kuwait. In addition, significant cases of concern will be provided and discussed.
The research concluded that the United Kingdom had adopted a system to compensate those affected by the demonstrations hundreds of years ago in the face of the administrative authorities, before Egypt, the State of Kuwait and France, which were also among the first countries to adopt the theory of state responsibility without error in this regard. However, this type of responsibility has witnessed developments and changes in recent decades.
This research recommends that the compensation for those injured by the riots include consequential loss profits of a business closed by the riot. Additionally, the Egyptian and Kuwaiti legislators should take the police›s strict liability based on their responsibilities seriously to maintain law and order and prevent riots. Furthermore, the government in Egypt and State of Kuwait should establish a bureau to deal with damages caused by riots to compensate those affected in society and make interim payments until that bureau handles those claims.

Key words: demonstration right, damages, responsibility without fault, strict liability, compensation scheme.

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