The principle of equality in public employment – Practical study
Dr. Hesham AlSaleh
Assistant professor of public law – Kuwait International Law School
Abstract:
This paper aims to study the concept of equality in public employment in Kuwait, as a general principle of law applicable in this field. It defines such concept and its constitutional and legal basis and concludes that no distinction should be made between those who are applying for public employment on the basis of politics, religion or sex, for this would be incompatible with the constitution and international standards. The paper attempts to assess the reality of employment in ministries and public departments and institutions in Kuwait, and the legislator’s effort to set up accurate basis that guarantee the right of individuals for public employment according to the principle of equality.
The importance of this paper resides in the fact that it looks into a major topic related to the area of human resources which is now among the factors of production, because it stimulates other material and financial factors and responds to the needs and desires of citizens and realizes State objectives.
This paper tackles as well the right of public authorities to define the conditions of public employment and to assess the competency of applicants upon the requirements of public sectors in addition to the basis to be followed, such as abiding by the principle of equality, abstaining from committing an apparent error in evaluation, deviation from public utility or an error in assessing the facts or discriminating between sexes on the basis of religion, otherwise this would be upon the nature of the job and under judicial supervision.