INTRODUCTION
The human rights issue is presently raised as a top priority item on both the local and international agendas.
In the post-WWII era, nations sought independence and statehood. Several human rights organizations were also established with purpose of protecting basic public freedoms. The result was the adoption of a host of international human rights agreements and declarations, to which Egypt is a signatory party.
As a sign of its commitment to and respect of human rights, Egypt has set up the National Council for Motherhood and Childhood (NCMC) in 1989, the National Committee for Women in 1993, the National Council for Women (NCW) in 2000, and the National Human Rights Council (NHRC) in 2003.
Egypt was also among the first countries to sign the international Convention on the Rights of the Child in December 1989. The ten-year period from 1989 to 1999 was further declared Decade of the Child.
Human rights have also drawn a great deal of attention in Egypt over the past few years, given increasing international interest and the rise in the number of Non-Government Organizations (NGOs) operating in the field.
HUMAN RIGHTS HISTORY IN EGYPT
Pharaonic Egypt was one of the earliest civilizations ever to show respect for human rights. The Ancient Egyptians were the first to acknowledge man's right to life. A case in point would be that they deferred the execution of a convicted pregnant woman till she gave birth.
Ancient Egypt not only believed in but applied the principle of equality to its entire population. Egyptians were equal before the law, without discrimination between rich and poor, and/or free people and slaves. The Ancient Egyptians also encouraged both men and women to get a proper education.
Under Christianity, Egyptians found salvation from the injustices of they suffered under Roman Emperors.
Islam too preached equality and freed humanity from economic, political and social burdens.
INTERNATIONAL AGREEMENTS
Egypt has acceded to a number of human rights-related treaties, prominent among which are the following:
• The Slavery Convention (1926)
• The United Nations Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) (1948)
• The (ILO) Forced Labor Convention No. 29 of 1930 and the Convention concerning Abolition of Forced Labor No. 105 of 1957
• The Convention on the Suppression of Traffic in Women and Children (1950)
• The International Convention on the Elimination of all Forms of Racial Discrimination of (1965)
• The Convention relating to the Status of Refugees (1951)
• The International Covenant on Political and Civil Rights (United Nations, (1966)
• The International Covenant on Economic, Social and Cultural Rights (United Nations, 1966)
• The International Convention on the Elimination of all Forms of Discrimination against Women (United Nations, 1967)
• The Convention on the Political Rights of Women (United Nations, 1953)
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (United Nations, 1984)
• The United Nations Convention on the Rights of the Child (1990)
• International Convention against Apartheid in Sports (1985)
• The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
• The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)
• The Optional Protocol to the Convention on the Rights of the Child on children in armed conflict (2004)
REGIONAL AGREEMENTS
• The African Charter on Human and Peoples' Rights, 1980
• The Arab Declaration on the Rights of the Child, 1983
• The African Charter on the Rights and Welfare of the Child
HUMAN RIGHTS IN THE CONSTITUTION:
Chapter One: The State
On people as the source of power:
“Sovereignty is for the people alone and they are the source of authority." (Article 3)
On political freedom:
"The political system of the Arab Republic of Egypt is a multiparty one, within the framework of the basic elements and principles of the Egyptian society as stipulated in the Constitution. Political parties are regulated by law." (Article 4)
On nationality:
"Egyptian nationality is defined by law." (Article 6)
Chapter Two: "Basic Constituents of the Society”
On equal opportunities:
"The State shall guarantee equality of opportunity to all citizens." (Article 8)
On protecting the family:
"The family is the basis of the society founded on religion, morality and patriotism."
"The State is keen to preserve the genuine character of the Egyptian family-with what it embodies of values and traditions-while affirming and developing this character in the relations within the Egyptian society." (Article No. 9)
On motherhood, childhood and youth:
"The State shall guarantee the protection of motherhood and childhood, take care of children and youth and provide the suitable conditions for the development of their talents." (Article No. 10)
On equality between man and woman:
“The State shall guarantee the proper coordination between the duties of woman towards the family and her work in the society, considering her equal with man in the fields of political, social, cultural and economic life without violation of the rules of Islamic jurisprudence." (Article No. 11)
On work and the suppression of forced labor:
“Work is right, a duty and an honor ensured by the State.
Workers who excel in their field of work shall receive the appreciation of the State and the society.
"No work shall be imposed on the citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration." (Article No. 13)
On assuming public office:
“Public offices are the right of all citizens and an assignment for their occupants in the service of the people.
"The State guarantees their (the occupants) protection and the performance of their duties in safeguarding the interests of the people.
"They may not be dismissed by other than the disciplinary way, except in the cases specified by the law." (Article No. 14)
On providing health, social and cultural services and social insurance:
“The State shall guarantee cultural, social and health services, and work to ensure them for the villages in particular in an easy and regular manner in order to raise their standard." (Article No. 16)
“The State- shall guarantee social and health insurance services and all the citizens have the right to pensions in cases of incapacity, unemployment and old-age, in accordance with the law." (Article No. 17)
On free education:
"Education is a right guaranteed by the State."
"It is obligatory in the primary stage and the State shall work to extend obligation to other stages."
"The State shall supervise all branches of education and guarantee the independence of universities and scientific research centers, with a view to linking all this with the requirements of society and production." (Article No. 18)
"Education in the State educational institutions shall be free of charge in its various stages.” (Article No. 20)
On the equitable distribution of national income:
“The national economy shall be organized in accordance with a comprehensive development plan which ensures raising the national income, fair distribution, raising the standard of living, eliminating unemployment, increasing work opportunities, connecting wages with production, fixing a minimum and a maximum limit for wages in a manner which guarantees lessening the disparities between incomes." (Article No. 23)
“Every citizen shall have a share in the national revenue to be defined by the law in accordance with his work or his unexploiting ownership." (Article No. 25)
On safeguarding private property:
“Private ownership shall be safeguarded and may not be put under sequestration except in the cases specified in the law and with a judicial decision. It may not be expropriated except for the general good and against a fair compensation in accordance with the law. The right of inheritance is guaranteed in it." (Article No. 34)
“General sequestration of funds shall be prohibited. "Private sequestration shall not be allowed except with a judicial decision." (Article No. 36)
Chapter Three: “Public Freedoms, Rights and Duties”
On achieving equality in terms of rights and duties:
“All citizens are equal before the law. They have equal public rights and duties without discrimination between them due to race, ethnic origin, language, religion or creed." (Article No. 40)
On the right to freedom:
“Individual freedom is a natural right and shall not be touched.” (Article No. 41)
On the suppression of torture:
“Any person arrested, detained or his freedom restricted shall be treated in the manner concomitant with the preservation of his dignity.
"No physical or moral harm is to be inflicted upon him.
"He may not be detained or imprisoned except in places defined by laws organizing prisons.
"If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile." (Article No. 42)
On the suppression of performing scientific or medical experiments on human beings:
“Any medical or scientific experiment may not be undergone on any person without his free consent.” (Article No. 43)
On the sanctity of home and the respect of privacy:
“Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant prescribed by the law.” (Article No. 44)
“The law shall protect the inviolability of the private life of citizens.
"Correspondence, wires, telephone calls an other means of communication shall have their own sanctity and secrecy and may not be confiscated or monitored except by a causal judicial warrant and for a definite period according to the provisions of the law." (Article No. 45)
On the freedom of belief and religious practice:
“The State shall guarantee the freedom of belief and the freedom of practice of religious rites.” (Article No. 46)
On freedoms of opinion, expression, mass media and publication:
"Freedom of opinion is guaranteed.
"Every individual has the right to express his opinion and to publicize it verbally or in writing or by photography or by other means within the limits of the law.
"Self-criticism and constructive criticism is the guarantee for the safety of the national structure." (Article No. 47)
“Freedom of the press, printing, publication and mass media shall be guaranteed.
"Censorship on newspapers is forbidden as well as notifying, suspending or cancelling them by administrative methods.
"In a state of emergency or in time of war a limited censorship may be imposed on the newspapers, publications and mass media in matters related to public safety or purposes of national security in accordance with the law." (Article No. 48)
On the freedom of scientific research and artistic and literary creativity:
“The State shall guarantee the freedom of scientific research and literary, artistic and cultural invention and provide the necessary means for its realization." (Article No. 49)
On free of movement:
“No citizen may be prohibited from residing in any place and no citizen may be forced to reside in a particular place, except in the cases defined by the law.” (Article No. 50)
“No citizen may be deported from the country or prevented from returning to it.” (Article No. 51)
On the right to political asylum:
“The right to political asylum shall be guaranteed by the State for every foreigner persecuted for defending the peoples' interests, human rights, peace or justice.
"The extradition of political refugees is prohibited." (Article No. 53)
On the right to private assembly:
“Citizens shall have the right to peaceable and unarmed private assembly, without the need for prior notice.
"Security men should not attend these private meetings.
"Public meetings, processions and gatherings are allowed within the limits of the law." (Article No. 54)
On the right to forming societies:
“Citizens shall have the right to form societies as defined in the law.
"The establishment of societies whose activities are hostile to the social system, clandestine or have a military character is prohibited." (Article No. 55)
“The creation of syndicates and unions on a democratic basis is a right guaranteed by law, and should have a moral entity.
"The law regulates the participation of syndicates and unions in carrying out the social programs and plans, raising the standard of efficiency, consolidating the socialist behavior among their members, and safeguarding their funds.
"They are responsible for questioning their members about their behavior in exercising their activities according to certain codes of morals, and for defending the rights and liberties of their members as defined in the law." (Article No. 56)
On the right to running for elections:
“Citizens shall have the right to vote, nominate and express their opinions in referendums according to the provisions of the law."
"Their participation in public life is a national duty." Article No. 62
Chapter Four: “SOVEREIGNTY OF THE LAW”
On the independence and immunity of the judiciary:
“The State shall be subject to law.
"The independence and immunity of the judiciary are two basic guarantees to safeguard rights and liberties." (Article No. 65)
On the individuality of the penalty:
“Penalty shall be personal.
"There shall be no crime or penalty except by virtue of the law.
"No penalty shall be inflicted except by a judicial sentence.
"Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing them." (Article No. 66)
On suspect assumed innocent proven guilty:
“Any defendant is innocent until he is proved guilty before a legal court, in which he is granted the right to defend himself.
"Every person accused of a crime must be provided with counsel for his defense." (Article No. 67)
On the right to litigation:
“The right to litigation is inalienable for all, and every citizen has the right to refer to his competent judge.
"The State shall guarantee the accessibility of the judicature organs to litigants, and the rapidity of ruling in cases.
"Any provision in the law stipulating the immunity of any act or administrative decision from the control of the judicature is prohibited." (Article No. 68)
On the right to a defense:
“The right of defense in person or by mandate is guaranteed."
"The Law shall grant the financially incapable citizens the means to resort to justice and defend their rights." (Article No. 69)
On the right to filing complaints:
“Any person arrested or detained should be informed, forthwith with the reasons for his arrest or detention.
"He has the right to communicate, inform, and ask the help of anyone as prescribed in the law.
"He must be faced, as soon as possible, with the charges directed against him."
"Any person may lodge a complaint to the courts against any measure taken to restrict his individual freedom.
"The law regulates the right of complaint in a manner ensuring a ruling regarding it within a definite period, or else release is imperative." (Article No. 71)
MAJOR HUMAN RIGHTS ORGANIZATIONS
Governmental organizations
The National Council for Human Rights"
It was set up on June 12, 2003 under law No. 94 of 2003. Operating under the Shura Council, it aims at promoting and protecting human rights, and safeguarding public freedom.
The Council is chaired by Dr. Boutros Ghali with Dr. Ahmed Kamal Abul-Magd as Deputy-Chief and 25 public figures as members.
Goals:
The Council is seen as a tool seeking to enhancing democracy, ensuring public freedom and safeguarding human rights. It aims at:
• Protecting the Egyptian rights at home and promoting Egypt's image abroad by seeking to abolish all freedom-restricting legislations.
• Cooperating with human rights non-governmental organizations in Egypt which shoulder heavy burdens in this domain.
Non-governmental Societies:-
1. The Egyptian Organization for Human Rights (EOHR)
EOHR was established in 1985 by a group of journalists and public figures interested in the field of human rights.
EOHR is a non-profitable NGO working within the framework of the principles established in Universal Declaration of Human Rights and all other international human rights instruments regardless of the identity or the affiliation of the victim(s) or of the violator(s). It acts against both governmental and non-governmental human rights violations.
2. The Arab Organization for Human Rights
3. The Arab Program for Human Rights Activists:
4. The Cairo Center for Human Rights Studies: