Kuwait Court of Cassation principle number 260

Granting maternity-care leave. A discretion vested in the competent minister. Its condition: that his conduct not be tainted by the defect of abuse of power. Article 51 of the Decree of 4/4/1979 concerning the Civil Service Regulations, Article 1 of Civil Service Council Decision No. 1 of 1993. - Abuse of power. An intentional defect. Evidence thereof must be adduced by proving that the motive for issuing the administrative decision is arbitrariness, transgression, or whim. - Granting maternity-care leave at the Ministry of Health. Its condition. Fulfillment of the general objective criteria contained in Circulars 73, 78 of 1998. Their nature. Establishment that the mother does not fulfill them. Its effect: the decision refusing her request for that leave is free of every defect. This is not altered by what may be raised to the effect that granting a mother special leave to care for her newborn gives her a right to obtain it even if - 75 - Administrative she does not fulfill those conditions, because she is a mother and her child has a right against her that she devote herself to caring for him during the period specified by law. The reason therefor.