December 3, 2013

Text of constitutional amendments: First three parts (articles 1-83) of Egypt's constitutional amendments adopted by the 50-member committee

    Tuesday, December 03, 2013   No comments

Part 1: The state

Article 1

The Arab Republic of Egypt is a sovereign state, united, indivisible and inalienable. Its governance system is democratic and based on citizenship and the rule of law.

The Egyptian people are part of the Arab world, work toward its integration and unification. Egypt is a part of the Islamic world, belongs to the African continent, proud of its Asian reach and participates in the building of human civilization.

Article 2

Islam is the religion of the state and Arabic its official language. Principles of Islamic Sharia are the principal source of legislation.

Article 3

The canon principles of Egyptian Christians and Jews are the main source of legislation for their personal status laws, religious affairs, and the selection of their spiritual leaders.

Article 4

Sovereignty is for the people alone and they are the source of all authority. The people shall exercise and protect this sovereignty, and safeguard national unity which is based on the principals of equality, justice and equal opportunities for all citizens in the manner specified in the constitution.

Article 5

The political system is based on the principles of political multi-party pluralism, peaceful transfer of power, separation of powers, the balance between them, the correlation between responsibility and power and respect for human rights and freedoms; all in the manner specified in the constitution.

Article 6

Nationality is a right to those born to an Egyptian father or mother, legal recognition and official documents proving their personal data is a right safeguarded and regulated by law.

The law defines the terms of nationality acquisition.

Part 2: Basic principles of society

Chapter One: Social principles

Article 7

Al-Azhar is an Islamic, scientific and independent institution, with exclusive autonomy over its own affairs; it is the basic reference in religious sciences and Islamic affairs, responsible for preaching Islam, theology and the Arabic language in Egypt and the world. The state shall ensure sufficient funds for Al-Azhar to achieve its objectives.

The post of Al-Azhar Grand Sheikh is independent and cannot be dismissed. The method of appointing the Grand Sheikh from among members of the Senior Scholars is to be determined by law.

Article 8

Society shall be based on social solidarity. The state shall ensure the achievement of social justice and shall provide means of social solidarity in a way that guarantees a decent life for all citizens; within the context of the law.

Article 9

The state is committed to achieve equal opportunities for all citizens without discrimination.

Article 10

Family is the basis of society and is founded on religion, morality and patriotism. The state is keen to preserve its cohesion and stability, and to protect its moral values.

Article 11

The state is committed to achieve gender equality in all civil, political, economic, social and cultural rights in accordance with the provisions of the constitution.

The state shall endeavor to take measures to ensure an adequate representation of women in the parliamentary assemblies, as determined by law. The state shall ensure the right of women to hold public and senior management posts of the state and ensure the designation of women in the judicial bodies and authorities with no discrimination against them.

The state is committed to protect women against all forms of violence and to ensure the empowerment of women to reconcile family duties and work requirements.

The state is committed to providing care and protection for women as mothers, breadwinners, elderly, to those who suffer from poverty.

Article 12

Work is a right, duty and honor guaranteed by the state. There shall be no forced labor except in accordance with law. To perform a public service, for a specified period and a fair wage and without prejudice is the basic right of workers.

Article 13

The state shall protect the rights of workers, endeavor to set balanced working relations between the two sides of the production process, ensure means of collective bargaining, and endeavor to protect labor from occupational hazards, ensure the application of terms of safety, security and vocational health as prescribed by law.

Article 14

Public sector employment is the right of all citizens on basis of merit, without nepotism or mediation. Public sector employees shall work in the service of the people and the state shall ensure their rights, protection and the fulfillment of their duties in taking care of the interest of people.

Workers may not be dismissed without disciplinary procedures except in the cases prescribed by law.

Article 15

Peaceful protests are a right regulated by law.

Article 16

The state shall honor martyrs and support those injured in revolutions, war veterans, war injured, and the families of those missing at in action and similar cases.

The state shall support injured security personnel, their spouses, dependants and parents and work on providing them with job opportunities as prescribed by law.

The state shall support the contribution of civil society organizations in achieving these goals.

Article 17

The state is committed to providing social insurance services. Social security is a right for every citizen who does not have social insurance in a way that guarantees a decent life in case he is not able to earn his living for himself and his family, or in case of aging, disability or unemployment.

The state is committed to providing suitable pensions to small farmers, agricultural workers, fishermen and unregulated employers, as regulated by law.

Pensions and insurances are private funds, and are protected like public funds. Pensions and insurances, and their revenues, are a right to their beneficiaries. They shall be invested safely, and run by independent organizations in a manner regulated by law. The state guarantees pensions and insurances funds.

Article 18

Integrated health care is a right for every citizen according to the standards of quality. The state shall ensure the preservation and support of public health services, and raise their efficiency and equitable geographical distribution.

The state is committed to allocating a proportion of governmental spending for health of not less than three percent of gross national product, rising gradually until it reaches global averages.

The state is committed to establish a comprehensive system of health insurance for all Egyptians, covering all diseases. The law shall regulate citizens’ participation or exempt them according to their income levels. The law criminalizes refraining from providing various forms of treatment for each person in case of emergencies or life-threatening injuries.

The state is committed to improve the conditions of doctors, nursing staff and workers in the health sector. The state shall control all health facilities, products, materials, and means of publicity related to health. The state encourages the participation of both the private and the civil sector in health care services, as regulated by law.

Article 19

Education is a right to every citizen. The aim of education is to build the Egyptian character, preserve the Egyptian identity, provide a solid ground in the scientific method, develop talents, encourage innovation, and establish cultural and spiritual values and the concepts of citizenship, tolerance and non-discrimination. The state is committed to consider its objectives in educational curricula and methods and provide them according to international standards of quality.

Education is compulsory until the end of high school or its equivalent. The state guarantees education free of charge at its various stages in the educational institutions of the state, as regulated by law.

The state is committed to allocating a proportion of governmental spending to education of no less than four percent of the gross national product, rising gradually until it reaches global averages.

The state ensures that all schools and public and private institutes are committed to educational policies.

Article 20

The state is committed to encourage, expand, and develop technical education and vocational training, according to international standards of quality and the needs of the labor market.

Article 21

The state shall ensure the independence of universities and scientific and language academies. The state will provide higher education according to international standards of quality, develop academic education, and ensure education is free of charge at universities and institutes of the state in accordance with the law.

The state is committed to allocating a proportion of governmental spending for higher education of no less than two percent of the gross national product, rising gradually until it reaches global averages.

The state shall encourage the establishment of civil universities, which are non-profit organizations. The state is committed to ensure the quality of education in private and civil universities and their commitment to international standards of quality and the preparation of their cohorts of teaching staff members and researchers. The state is committed to ensuring these institutions allocate a sufficient proportion of their revenues to the development of the educational process and research.

Article 22

Teachers, teaching staff and their colleagues are the foundation of education. The state guarantees the development their scientific and professional skills. The state will care for their physical and moral rights in a way that guarantees the quality of education and the achievement of its objectives.

Article 23

The state guarantees the freedom of scientific research, and considers its institutions as a means to achieve national sovereignty and build the knowledge economy. The state sponsors researchers and inventors, allocating a portion of government spending of no less than 1 percent of the gross national product, which should gradually increase to meet international standards.

The state guarantees effective ways of contributing to scientific research for both private and public sectors as well as Egyptians’ contributions from outside in achieving a renaissance in scientific research.

Article 24

Arabic Language, religious education, and national history are fundamental subjects in every stage of education before higher education, whether public or private. Universities should work on teaching human rights, values, and professional morals in all different specializations.

Article 25

The state is committed to creating a comprehensive plan to end spelling and digital illiteracy among citizens of all ages. The state is committed to executing this with NGO’s cooperation according to a definite time table.

Article 26

Titles of nobility are forbidden.

Chapter 2: Fundamentals of economics

Article 27

The economic system aims to reach prosperity in the country through continual development and social justice in a way that guarantees raising the rate of growth of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates and ending poverty.

The economic system commits to transparency and good governance standards, supporting competition, encouraging investment and banning monopoly, bearing in mind financial and commercial balance and a fair tax system, adjusting market mechanisms, securing different types of property and balance between the interests of different sides in a way that keeps the rights of workers and protects consumers.

Article 28

Production, service and information-based economic activities are the main bases of the national economy. The state commits to protecting them, increasing competition and providing an atmosphere of good investment. The state also works on increasing production, encourages exporting and organizes importing. The state gives special importance to medium and small projects in all fields and works on organizing and qualifying the unofficial sector.

Article 29

Agriculture is a fundamental element of the national economy. The state commits to protecting and increasing farmland and criminalizes assaults on it. The state commits to developing rural areas, raising the standard of living of their population and protecting them from environmental risks. The state is responsible for developing agricultural and animal production and encourages industries based on them. The state commits to providing required equipment for agricultural and animal production and buying essential crops at a suitable price that provides the farmer a margin of profit, in coordination with the agricultural unions and associations. The state commits to allocating a percentage of reclaimed lands to young farmers and graduates, and to protect farmers from exploitation. All of this is shall be regulated by law.

Article 30

The state is committed to protecting fisheries, supporting fishermen, and enabling them to conduct their business without causing harm to the environment. All of this will be in a manner regulated by law.

Article 31

Cyberspace security is a fundamental element of the economy and national security. The state is responsible for taking necessary procedures to protect it, in a manner regulated by law.

Article 32

The state’s natural resources are owned by the people. The state is committed to protecting these resources, using them properly, not depleting them, and taking into account the next generation’s right to them.

The state is committed to working on the optimal use of renewable energy sources, stimulating investment in them, and encouraging scientific research related to them.

The state shall work on encouraging the production of raw materials and increasing their added value in accordance to economic feasibility.

Natural resources may not be at the disposal of state-owned property. The right to use natural resources or commit them to the public use under the law shall not exceed a period of 30 years.

The state grants the right to use quarries, small mines, and saltworks. The commitment of public use shall not be granted for over a period of 15 years in accordance to law.

The law determines the regulation and disposition of privately-owned property, as well as the policies and procedures which regulate it.

Article 33

The state protects the three types of property: public, private, and mutual.

Article 34

Public property is inviolable, cannot be compromised, and must be protected in accordance with the law.

Article 35

Private property is safeguarded and has the right to be inherited. Custodianship cannot be imposed upon it except in specific cases according to law or court order. Property ownership cannot be removed unless it is for public benefit and for fair compensation paid in advance and according to the law.

Article 36

The state shall motivate the private sector to fulfill its social responsibility in serving the national economy and society.

Article 37

Mutual property is safeguarded; the state sponsors cooperatives, and the law provides protection, support, and ensures its independence.  It is not permitted to dissolve mutual property or its administration other than through a court verdict.

Article 38

Taxes and other public costs aim to develop state resources and achieve social justice and economical development.

General taxes are only issued, amended and abolished by law. Amnesty from taxes can only be permitted by law. Taxes can only be assigned for someone to pay according to the law.

In enforcing taxes, it must be taken into account that they must be from multiple sources. Progressive taxes are to be enforced on personal income with various slides according to a person’s ability to pay. The tax system encourages economic activities and their role in economic, social and cultural development.

The state is committed to improving the taxation system and adopting new systems that achieve efficiency and convenience in collecting taxes. The law determines the methods and tools for the collection of taxes, fees, and other sovereign proceeds, and how these will be entrusted to the State Treasury. Paying taxes is an obligation, and tax evasion is a crime.

Article 39

Saving is a national duty protected, encouraged, and guaranteed by the state, and organized according to the law.

Article 40

The confiscation of public funds  is prohibited. The confiscation of private funds is only permitted by a court order.

Article 41

The state is committed to implementing a demographic program that aims to achieve a balance between the population growth rates and the available resources by increasing investment in human power and improving its characteristics under the framework of achieving sustainable development.

Article 42

Laborers have a share in their projects’ management and profits. They are obliged to develop the production and implementation of the plan of their productivity, according to the law. Preserving the means of production is a national duty. Labor representatives in public sector boards of directors must reach a ratio of 50 percent of elected members and be represented in the boards of public sector companies, according to the law.

The law shall organize the representation of farmers who own small lands and artisans who own small industrial institutes with a ratio that no less than 80 percent in the boards of directors of agricultural cooperatives and industrial and craft associations.

Article 43

The state is committed to protecting, developing and preserving the Suez Canal, being an international waterway owned by the state. It is also committed to developing the Canal region because it is considered an important economic center.

Article 44

The state is committed to protecting the Nile River, preserving Egypt’s historical rights related to it, rationing its use, optimizing its benefits, and not wasting or polluting its water. The state is committed to preserving underground water and taking measures to achieve water security for the state. The state shall also support scientific research in this particular matter. Every citizen’s right to benefit from the Nile is guaranteed by the state. It is forbidden to encroach upon the Nile or to harm the Nile’s environment. The state is committed to removing any encroachments on the river, according to the law.

 Article 45

The state is committed to protecting its shores, seas, waterways, lakes and nature reserves. It is forbidden to encroach upon, pollute, or use these areas in a way against its nature. All citizens have a right to these resources. The state is committed to protecting and increasing green areas in urban environments, and protecting livestock, plant resources and fisheries. It shall also protect endangered species and animal welfare, according to regulation by the law.

Article 46

Every citizen has the right to live in a clean, healthy environment, and protecting this environment is a national duty. The state shall take all necessary measures to protect it, making sure it is not harmed, that its natural resources are rationed in a way that achieves continued prosperity and preserves the rights of next generation to it.

Chapter Three: Cultural principles

Article 47

The state commits to preserving Egyptian cultural identity with its many branches of diverse civilizations.

Article 48

Culture is every citizen’s right. The state is committed to making cultural material of all kinds available to all sectors of society, without discrimination against geographic distances or financial abilities of different citizens.  Remote areas must be a priority for the state, in regards to promoting culture, as well as the sectors that are in specific need of this. The state must encourage translation to and from Arabic.

Article 49

State is committed to protecting and preserving antiquities, taking care of areas of antiquities,   maintaining and restoring them; also state is committed to reclaim stolen antiquities and regulate and supervise archaeological excavations.

It is forbidden to give, exchange, or damage antiquities;  trafficking in antiquities is a crime for which there shall be no statute of limitations.

Article 50

Egypt’s civilizational, cultural, material, and moral legacy-in all its diversity and periods, with its ancient Egyptian, Coptic, and Islamic aspects- is a national and human treasure and the state is committed to preserving it.

The state shall also preserve and protect Egypt’s contemporary cultural heritage in all its diversity, whether literary, architectural, or artistic. Suppression of any of aforementioned is a crime, and shall be punishable by law.  The state is also to protect components of cultural pluralism in Egypt.

Part 3: Rights, freedoms and public duties

Article 51

Dignity is a right for every human being. It is forbidden to impinge upon human dignity. The state is committed to respect and protect it.

Article 52

The statute of limitation is not applicable to all forms of torture crimes

Article 53

Citizens are equal in front of the law. They have equal rights, freedoms and duties. No discrimination among citizens is allowed, whether due to religion, belief, gender, origin, race, color, language, disability, social class, political orientation, or any other reason.

Discrimination and inciting hatred is a crime punishable by law. The state is committed to take the necessary actions to eliminate all kinds of discrimination. The law organizes the establishment of an independent commission for this reason.

Article 54

Personal freedom is a natural right; it is guaranteed and cannot be impinged. Except in the case of flagrant deficto, it is forbidden to arrest, search, imprison or restrict the freedoms of any person unless there is a judiciary order.

Anyone whose freedom is restricted must be immediately informed of the reasons. He/she must be informed of his rights in written form. He/she must be enabled to contact his family and lawyer immediately. Within 24 hours after restricting his/her freedom, a person must be refereed to investigation authorities.

Interrogation must not start except in the presence of the suspect’s lawyer. Ifthe suspect does not have a lawyer, authorities must delegate one. The necessary help for disabled persons should be provided in accordance with the legal procedures.

Anyone whose freedoms may be restricted has the right to challenge this decision in front of the judiciary. The challenge must be tackled within a week of their arrest; otherwise a person must be immediately released.

The law organizes the roles of remand, its periods, reasons and the cases that deserve to be compensated by the state after remand or for serving a penalty after a final acquittal sentence is issued.

In all cases, it is forbidden to prosecute a defendant without his lawyer when accused of a crime that does not allow remand.

Article 55

Everyone who is arrested, remanded or imprisoned must be treated in a way that safeguards his/ her dignity. He/she cannot be tortured, frightened, coerced, or physically or psychologically hurt. He/ she cannot be held or imprisoned except in places dedicated for imprisonment, and in humane and sanitary conditions. The state is committed to make available the needs of disabled persons.

The defendant has the right to remain silent. Every saying proved to be declared under one of the previously mentions situations or threatening of them does not legally count.

 Article 56

Prison is a place for reform and rehabilitation

Prisons and detention places are supervised by the judiciary. Anything against human dignity or that endangers health is prohibited.

The law organizes the roles of reforming and rehabilitation of the convicted. It also organizes the facilitation of a decent life for them after release.

Article 57

Private life is sacred and cannot be violated.

Mail, telegraphs, emails, phone calls and other communication means are inviolable; their secrecy is guaranteed, it cannot be prevented or monitored except after a judiciary order, and for limited time for clear reasons in accordance with the law.

The state is committed to protect citizens’ rights to use all means of public telecommunications. Means of communication cannot be suspended or halted. Citizens cannot be forcibly prevented from communication means. The law organizes this.

Article 58

The privacy of homes is inviolable. Except in case of danger or distress, it is forbidden to raid homes, search, monitor or tap them without judiciary order and for clear reasons. The judiciary order must define the place, timing, and reason to tap, monitor or raid in accordance with the law. Whoever is residing in the house should be alerted when entering for searching, and must be allowed to see the judiciary order.

Article 59

A safe life is the right of every human being. The state is committed to provide security and safety to its citizens and whoever resides on its lands.

Article 60

The human body is sacred. Assaulting, distorting, or mutilating it is a crime. Organ trafficking is forbidden. It is not allowed to use human bodies for medical or scientific experimentation without the documented approval of the person. This should happen according to the fundamental basics of medical sciences and as regulated by the law.

Article 61

Donating human organs is a humanitarian gift. Every human being has the right to donate his/her organs during his/ her life or after death, based on a documented approval or will. The state is committed to adopt a process to regulate donating and implanting organs according to a law.

Article 62

The freedom to move, reside and migrate is guaranteed.

It is forbidden to deport any citizen from the state, or prevent him from return.

It is forbidden to prevent a citizen from leaving the country, order house arrest or prevent him/her from residing in some place except after a judiciary order and for a limited time according the law.

Article 63

Arbitrary forced displacement is forbidden in all its forms. Violating this is a crime with no statute of limitation.

 Article 64

Freedom of belief is guaranteed. Freedom of practicing religious rituals and building worship places for the Abrahamic religions (Islam, Christianity, Judaism) is a right regulated by the law.

 Article 65

Freedom of opinion is guaranteed. Every human being has the right to express his/her opinion in speech, writing, photography or any other means of expression and publication.

 Article 66

 Freedom of scientific research is guaranteed. The state is committed to sponsor researchers and inventors. The state is also committed to protect the inventions and work upon application.

 Article 67

Freedom of artistic creativity is guaranteed and the state is committed to aid the development of arts and literature and to protect creative people and = their artworks, and provide the necessary means for encouraging creative people.

It is forbidden to file a lawsuit to stop or confiscate a work of art, literature or an intellectual work or to file a lawsuit against the aforementioned creators except through the public prosecution. It is also forbidden to issue a verdict of imprisonment for crimes regarding publishing or displaying artistic, literature or intellectual works, but the penalties of crimes regarding inciting violence, discrimination between citizens or spreading false rumors/accusations about citizens are identified according to legal regulations.

The court is entitled to oblige the convicted to compensate the aggrieved for the crime, in addition to the original compensation owed to him due to the harm the crime caused to the aggrieved, according to regulations of the law.

 Article 68

Information, data, statistics and official records are a public property; their disclosure from various sources is every citizen’s right and is guaranteed by the state. The state is also obligated to make it available to citizens clearly; the law regulates making it available, whether it is classified or not, the rules of filing them. The law also regulates the procedures of complaint for not allowing people to have access to them. In addition, the law regulates the penalty for withholding information or giving false information deliberately.

The institutions of the government are committed to filing documents after the period of work with them is completed to the National Archives authority. The state is also committed to protect documents and prevent them from being corrupted or lost using all the means of modern technology. Also documents are to be preserved by restoration and digitalization, according to the law.

 Article 69

The state is committed to protect Intellectual Property Rights (IPR) in all aspects and in all fields, and a specialized authority for protecting IPR and caring for them is to be established by the state, and the law regulates it.

 Article 70

Freedom of journalism, printing, press, visual and audio media rights are guaranteed by the state. Egyptian citizens, legal officials, whether public or private, have the right to own and publish newspapers and establish visual, digital or audio media.

A newspaper is published as soon as a notification is issued as legal regulations state. The law also regulates the procedures for establishing and owning broadcasting stations in addition to electronic newspapers.

 Article 71

It is forbidden to in any way censor newspapers and Egyptian journals or media. It is also forbidden to confiscate newspapers, suspend them or to close them. However, they may be censored at times of war or public mobilization.

It is forbidden to issue a verdict of imprisonment for crimes regarding publishing information, but the penalties for crimes regarding inciting violence, discrimination between citizens or spreading false rumors/accusations about citizens are identified according to legal regulations.

 Article 72

The state is committed to preserving the independence of journalism and media institutions and their affiliates, in order to guarantee neutrality so that all points of view, political, intellectual trends and social interests are represented. This guarantees equality and equal opportunity to address public opinion/the public.

 Article 73

Citizens have the right to organize public meetings, processions, demonstrations and all forms of peaceful protests under the condition that they are unarmed in any way. They are entitled to do so after notifying authorities according to the regulations of the law.

The right to organize private meetings is guaranteed, without the need to notify authorities prior, and security forces are not entitled to attend or spy on such meetings.

Article 74

Citizens are entitled to form political parties by notification, regulated by the law. It is illegal to form political parties on religious bases, or based on discrimination according to gender, race or according to sectarian or geographical bases. It is also illegal to form political parties with anti-democratic or secret activities, or parties with a military or militant nature.

Political parties are not to be disassembled except after a court order is issued.

 Article 75

Citizens have the right to form non-governmental organizations (NGOs) and civil institutions on democratic bases, these shall have the legal standing as soon as notification is submitted.

These organizations are entitled to practice their activities freely without interference from administrative bodies, and without disassembling them or their board of directors or their board of trustees unless there is a court order to do so.

It is forbidden to establish organizations or continue having institutions that have a military nature or secret activities according to legal regulations.

 Article 76

Syndicates and unions are to be established according to democratic foundations, based on the law. They shall have the legal standing, and they shall practice their activities freely. These unions and syndicates are responsible for developing their members’ skills and defending their rights and protecting their interests.

The state guarantees the independence of syndicates and unions. It is forbidden to disassemble them except according to a court order, and it is forbidden for governmental authorities to establish any of these.

 Article 77

The law regulates establishing professional syndicates and managing them on democratic bases. The law also guarantees their independence, defines their resources and the way its members are registered in them, and investigating their means of performing their jobs according to ethical, professional and conduct codes.

It is permissible to have only one syndicate per profession, and it is forbidden to have guardians over these or the interference of administrative authorities in syndicates’ work. Disassembling these syndicates is illegal. The syndicates’ opinion is taken into account regarding drafting of laws addressing these syndicates.

 Article 78

The state guarantees every citizen’s right to have a proper, safe and healthy place to live in, in a way that preserves citizens’ dignity and achieves social justice.

The state is committed to set a national plan for housing that puts into consideration the environment. The state will also sponsor private and cooperative initiatives for the implementation of the government’s plan. The state is also responsible for use of its land and providing it with basic utilities for the complete urban planning for cities and villages, and to distribute the population properly in a way that acheives public welfare, improve citizens’ quality of life and preserve future generations’ rights.

The state is also committed to put a comprehensive national plan to address the problem of slums, including re-planning, and the provision of infrastructure and facilities, improving the quality of life and public health, and ensuring the provision of the necessary resources for implementation during the specified period of time.

 Article 79

Every citizen is entitled to healthy and sufficient food and clean water. The state secures food resources for all citizens and ensures sustainable food sovereignty. The state also ensures preservation of agricultural biodiversity and local plant varieties to preserve the rights of future generations.

 Article 80

Everyone below 18 years of age is a child. Every child is entitled to a name, identification documents, free compulsory vaccination, health and family care or surrogate care, basic nutrition, safe haven, religious education and effective and cognitive development.

The state guarantees the rights of disabled children to rehabilitation and reintegration into society.

The state provides child-care and protection from all forms of violence, abuse, ill treatment and sexual and commercial exploitation.

Every child is entitled to early learning at a childhood center up to the age of six years. Child labor is banned before a child completes basic education, and engaging children in potentially hazardous work is also banned.

The state is committed to the establishment of a judicial system for child victims and witnesses. A child may not be held accountable or detained except in accordance with law and for the periods specified therein. The state provides legal assistance for children and may only detain them in suitable places separated from adult detention centers.

The state works to achieve the best interests of children and all actions are taken in that matter.

 Article 81

The state ensures the rights of people with dwarfism and disabilities to health, economic, social, cultural, recreational, sports and educational care as well as job opportunities. The state allocates a percentage to help those with dwarfism and disabilities, and is also committed to adapting public utilities and the environment to their conditions to enable them to exercise all political rights and to integrate them with other citizens in line with the principles of equality, justice and equal opportunities.

 Article 82

The state guarantees the welfare of youth and young people, and works to discover their talents and develop their cultural, scientific, psychological, physical and creative abilities, encourages teamwork and volunteerism and enables them to participate in public life.

 Article 83

The state ensures the rights of the elderly to health, economic, social, cultural and recreational care, and provides suitable pensions that can guarantee the elderly a decent life and participation in public life. The state takes into account the needs of the elderly as it plans public facilities and encourages civil society organizations to participate in the care of the elderly, as regulated by law.

Article 84

Practicing sports is a right. The state and community institutes should guard the talented and take whatever is needed to encourage them to practice sports.

The law regulates the sports’ affairs, the civil entities according to the international trends and how to settle sports’ disputes.

Article 85

Each individual has the right to communicate with the public authorities in a written signed form. The communication cannot be collective except for the legal persons.

Article 86

Guarding national security is an obligation; the commitment to it is a national responsibility granted by the law.

Defending the homeland and protecting its territories is an honor and a sacred duty. Recruitment to the army is mandatory according to the law.

Article 87

Participation in general life is a national duty. Each citizen has the right to elect, run elections as regulated by the law. It is possible to pardon citizens from this duty in certain cases determined by the law.

Article 88:

The state is committed to guard the interests of Egyptians abroad, protect them, and guarantee their rights and freedoms. The state is also committed to enable them to fulfill their duties for the state and the community to participate in developing the homeland.

Article 89

All kinds of slavery, possession of human beings, sex trafficking, and other forms of people trafficking are forbidden. The law should regulate this.

Article 90

The state is committed to encourage charity endowments to build and sponsor scientific, cultural, health and social institutions. The state is also committed to grant those institutions’ independence. The endowment should be run according to the terms of its owner as regulated by the law.

 Article 91

The state has the right to grant the right to political asylum to any foreigner who has been persecuted due to defending people’s rights, human rights, peace or justice.

Article 92

Rights and freedoms inherent to the citizens’ personality cannot be halted or decreased.

Article 93

The state is committed to the international agreements and conventions on human rights ratified by Egypt; they would have the strength of law after publishing them.

Chapter Four: The rule of law

Article 94

Rule of law is the main base of rule in the state and the state submits to the law; independence of judiciary, its immunity and neutrality are basic guarantees for protecting rights and freedoms.

Article 95

Penalty shall be personalized. There shall be no crime or penalty except in accordance with the law. No penalty shall be inflicted except by a judicial sentence and penalty shall be inflicted only for acts committed after a law has come into force.

Article 96

A defendant is innocent until proven guilty in legal trial and granted the right to defend himself; the law regulates appealing felony sentences, state provides protection for victims of crimes, witnesses, defendants and informants where necessary according to the law.

Article 97

The right to litigation is inalienable and guaranteed for all. The state shall guarantee accessibility of judicature for litigants, and rapid decision on cases.

Any stipulation of immunity of any act or administrative decision from the control of the judicature is prohibited. No person shall be tried except before his natural judge; exceptional courts are prohibited.

Article 98

The right of defense in person or by proxy is guaranteed. The independence and the protection of the rights of attorney ensure its right in defense. The law secures, for financially incapable citizens, means to resort to justice and to defend their rights

Article 99

Any encroachment on personal freedom, sanctity of the private life of a citizen or any of the rights and public freedoms guaranteed by the Constitution shall be considered a crime for which criminal and civil lawsuit shall not be forfeited by prescription. The injured party shall have the right to lodge a direct criminal action.

The state shall grant a fair compensation to the victim of such encroachment. The National Council for Human Rights shall inform the Public Prosecution of any violation of these rights, may join the injured party, upon request, in a civil action, all as regulated by law.

Article 100

Sentences shall be issued and enforced in the name of the people and the state shall grant ways of its enforcement as regulated by law.

Abstention from or obstruction of enforcing such sentences on the part of the concerned civil servants is considered a crime punishable by law. In such case, a person issued a sentence in his favor shall have the right to lodge a direct criminal action before the court of contempt. The Prosecution General shall, upon the request of the plaintiff, raise the criminal lawsuit against the abstainer or the obstructer civil servant.

Chapter Five: Legislative authority

Article 101

The Parliament shall hold the legislative power, and be responsible for approving the general policy of the state, the public plan for economic and social development and the overall budget of the state. It shall exercise control over the work of the executive authority, in the manner prescribed by the constitution.

Article 102

The parliament is formed of no less than 450 members who are elected through a general ballot.

A candidate for parliamentary elections must be an Egyptian citizen, enjoying civil and political rights, holder of a certificate of basic education, and 25 years old or older at the time of candidacy.

Other requirements of candidacy, the provisions for election, the fair representative division of constituencies, shall be defined by law in a way that guarantees fair representation of citizens, governorates and equal representation for voters, regarding electoral systems, individual or list system can be used or the combination of the two systems in any ratio.

President of the state is entitled to appoint five percent of the members of the parliament and the law defines how they are nominated.

Article 103

Parliament members are to be fully devoted to their offices, with any other job or post kept open for their return, in accordance with the provisions of the law.

Article 104

Prior to the start of his or her tenure, a member shall take the following oath before his or her Council: “I swear by Almighty God to loyally uphold the republican system, to respect the constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the motherland.”

Article 105

Members shall receive a remuneration determined by the law, and if the remuneration was changed, this change is not to be activated until the beginning of the new legislative period next to the one where the change was approved.

Article 106

The term of membership of parliament is five calendar years, commencing from the date of its first session.

Elections for a new parliament shall be held during the 60 days preceding the end of term for the previous parliament.

Article 107

The Court of Cassation decides the validity of membership of members of parliament and appeals are submitted to it in a period that does not exceed 30 days, post the date of announcement of the final results of the election, and gives a final verdict regarding the appeal within 60 days from the date the appeal was issued.

In case the court issues a verdict clarifying that the member’s membership is illegitimate, the verdict is considered valid from the date the parliament is informed with it.

Article 108

If the parliament member’s position became unoccupied before the end of his membership period with six months, he has to be replaced by another member according to the law within 60 days from the parliament’s decision.

Article 109

Throughout his or her tenure, no member of parliament may, in person or through an intermediary, purchase or rent any state property or any public sector companies, lease or sell to or barter with the state any part of their own property, or conclude a contract with the state as vendor, supplier or contractor.

Members shall provide financial disclosures and present them to their council, at the start and at the end of their tenure, as well as at the end of each year.

If, in relation to their membership in parliament, members should receive cash or gifts, such gifts shall go into the Public Treasury.

All of the above is subject to regulation by law.

Article 110

It is forbidden to deprive a member from his membership in parliament unless he became not trust worthy or due to the lacking of one of the terms of him being elected or due to him not fulfilling his duties.

The deprivation order will not be activated until two thirds of the parliament members sign on it to validate it.

Article 111

The parliament accepts the resignation of its members, which must be submitted in writing, and must not be submitted after a council has started measure of revoking membership against the resigning member.

Article 112

Members of parliament shall not be held accountable for any opinions pertaining to their tasks in parliament or its affiliated committees.

Article 113

It is prohibited, except in cases of flagrante delicto, to take criminal action against members of parliament in felonies and misdemeanor crimes without prior permission from parliament. If not in session, permission must be granted by the Parliament Office, and the parliament is to be notified at the first subsequent session of any measures taken.

In all cases, if a request for permission to take legal action against a member of parliament does not receive a response within 30 days, the permission is to be considered granted.

Article 114

The seat of the parliament is in Cairo.

However, in exceptional circumstances, the parliament may hold meetings elsewhere, at the request of the president of the republic or one-third of its members.

Any meetings otherwise shall be deemed illegitimate and the decisions passed therein shall be considered void.

Article 115

The president of the republic shall convoke the parliament for its ordinary annual sessions before the first Thursday of October. If not convoked, the parliament is prescribed by the constitution to meet on the mentioned day.

The ordinary meeting session shall continue for at least nine months. The president of the republic shall bring the session to a close with the approval of the parliament, only after the general budget of the state has been adopted.

Article 116

If necessary, the parliament may be called to a special meeting by the president of the republic or upon a request signed by at least 10 members.

Article 117

The parliament shall elect, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term. If the seat of either becomes vacant, the parliament shall elect a replacement, whose term will last until the end of his/her predecessor and the internal bylaws of the parliament shall determine the rules and the procedures of elections. If a member breaches his commitments, one-third of parliament members could request to revoke the member. Decision on revoking membership shall be issued by a majority of two-thirds of the parliament.

In all cases, it is prohibited to elect the speaker or deputy speakers for more than two successive legislative terms.

Article 118

The parliament shall lay down its own bylaws regulating its work, the manner of practicing its functions and restoring its order, all shall be issued by a law.

Article 119

The speaker of the parliament is authorized to maintain order inside the parliament.

Article 120

The sessions of the parliament shall be held in public.

However, closed sessions may be held at the request of the president of the republic, the Cabinet, the parliament speaker or at least 20 of its members. The parliament shall then decide, by the majority of its members, whether the debate on the question submitted thereto shall take place in public or closed sessions.

Article 121

The meetings of the parliament, and the decisions it passes, shall not be considered valid unless attended by the majority of its members.

In cases other than those stipulating a special majority, decisions shall be adopted based on an absolute majority of the members present. In case of a tie vote, the matter in deliberation shall be deemed rejected.

Passing laws is based on an agreement reached by the absolute majority of the members present and at least one-third of the parliament members.

The agreement of one-third of parliament member shall be reached in order to pass laws supplementary to the constitution. Laws, which are mentioned in the constitution and regulating presidential, parliamentary and municipal elections and elections of political parties, judiciary and other elections affiliated with judicial bodies and authorities and regulating rights and freedoms, are considered supplementary to the constitution.

Article 122

The president of the republic, the Cabinet, and every member of the parliament shall have the right to propose laws.

Every draft law, presented by the government or one-tenth of parliament members shall be referred to a specialist committee of the parliament, which shall study it and submit a report. The committee may consult experts in the related issue.

Draft laws presented by members of parliament shall not be referred to that committee before being first endorsed by the Proposals Committee and approved for consideration by the parliament. Reasons for rejection must be presented if the Proposals Committee does not endorse a proposal for consideration.

A draft law proposed by a member but rejected by the parliament may not be presented again during the same legislative term.



About Unknown

Islamic Societies Review Editors

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