Egypt's draft constitution 2013 - unofficial translation

Saturday 11-01-2014 11:30 AM
Egypt's draft constitution 2013 - unofficial translation

Officials count ballots after polls closed in Zagazig, about 62.5 km (38.8 miles) northeast of Cairo December 15, 2012. REUTERS/Stringer

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Aswat Masriya brings you an unofficial translation of Egypt's draft constitution, produced by the the International Institute for Democracy and Electoral Assistance (International IDEA), which is an intergovernmental organization that supports sustainable democracy worldwide: 

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In the Name of God, Most Gracious, Most Merciful

Preamble

This is Our Constitution

Egypt is the gift of the Nile and the gift of Egyptians to humanity.

Blessed with a unique location and history, the Arab nation of Egypt is the heart of the whole world. It is the meeting point of its civilizations and cultures and the crossroads of its maritime transportation and communications. It is the tip of Africa on the Mediterranean and the estuary of its greatest river: the Nile.

This is Egypt, an immortal homeland to Egyptians, and a message of peace and love to all peoples.

In the beginning of history, the dawn of human conscience rose and shone forth in the hearts of our great ancestors, uniting their good intention to build the first central state that regulated and organized the life of Egyptians on the banks of the Nile. It is where they created the most amazing wonders of civilization, and where their hearts looked up to the heavens before earth knew the three revealed religions.

Egypt is the cradle of religions and the banner of glory of the revealed religions.

On its land, Moses grew up, the light of God appeared, and the message descended on Mount Sinai.

On its land, Egyptians welcomed Virgin Mary and her baby and offered up thousands of martyrs in defense of the Church of Jesus.

When the Seal of the Messengers Mohamed (Peace and Blessings Be Upon Him) was sent to all mankind to perfect the sublime morals, our hearts and minds were opened to the light of Islam. We were the best soldiers on Earth to fight for the cause of God, and we disseminated the message of truth and religious sciences across the world.

This is Egypt; a homeland that we live in as much as it lives in us.

In the modern age, minds were enlightened, humanity became mature, and nations and peoples progressed on the path of science, raising the banners of freedom and equality. Mohamed Ali founded the modern Egyptian state with a national army as its pillar. Refaa, the son of Al-Azhar, prayed that the homeland become "a place of common happiness for its people." We, Egyptians, strived to keep up with the pace of development, and offered up martyrs and made sacrifices in several uprisings and revolutions until our patriotic army delivered victory to the sweeping popular will in the “Jan 25 – June 30” Revolution that called for bread, freedom and human dignity within a framework of social justice, and brought back the homeland’s free will.

This revolution is but an extension to a process of national struggle whose brightest symbols were Ahmed Oraby, Mostafa Kamel, and Mohamed Farid. It was the capstone of two great revolutions in our modern history:

The 1919 revolution that had rid Egypt and the Egyptians of the British guardianship, and had established the principle of citizenship and equality between the people of the same country. Its leader, Saad Zaghloul, and his successor, Mosfata El-Nahhas, walked the path of democracy, asserting that

“Truth is above power and the nation is above the government”. During this revolution, Talaat Harb laid down the cornerstone of the national economy.

The July 23, 1952 revolution that was led by the leader Gamal Abdel Nasser and was embraced by the popular will achieved the dream of generations for evacuation and independence. As a result, Egypt affirmed its Arab allegiance, opened up to its African continent and Muslim world, supported liberation movements across continents, and took firm steps on the path of development and social justice.

This revolution represents an extension of the revolutionary march of Egyptian patriotism, and supports the strong bond between the Egyptian people and their patriotic army that bore the trust and responsibility of protecting the homeland. Thanks to it, we achieved victory in our greatest battles including driving off the 1956 Tripartite Aggression and the glorious victory of October that granted President Sadat a special place in our recent history.

Compared to major revolutions in the history of mankind, the Jan 25 - June 30 Revolution is a unique revolution, because of the heavy popular participation involved -- which was estimated to be in the tens of millions -- and the significant role of youth who aspire to a brighter future, the masses who transcended class and ideology to reach out to more expansive patriotic and human horizons, the manner in which the people’s army protected the popular will and the blessings granted to it by Al-Azhar and the patriotic church. It is also unique because of its peacefulness and ambition to achieve freedom and social justice together.

This revolution is a sign and a good omen. It is a sign of a past that is still present and a good omen of a future to which all humanity aspires.

The world has almost forgotten about an age that was torn by conflicts of interest between the east and the west, and the north and the south; an age where disputes and wars erupted between classes and peoples, where risks grew, threatening the existence of mankind and life on Earth, which God created for us. Humanity hopes to move from the age of maturity to the age of wisdom to build a new world where truth and justice prevail, and where freedoms and human rights are protected. We, Egyptians, believe that our revolution is an opportunity to return to help write a new history for mankind.

We believe that we are capable of using the past as an inspiration, stirring up the present, and making our way to the future. We are capable of developing this homeland that develops us.

We believe that every citizen is entitled to live in this homeland in safety and security, and that every citizen is entitled to a today and a tomorrow.

We believe in democracy as a path, a future, and a way of life; in political multiplicity; and in the peaceful transfer of power. We affirm the right of the people to make their future. They, alone, are the source of authority. Freedom, human dignity, and social justice are a right of every citizen. Sovereignty in a sovereign homeland belongs to us and future generations.

We are now drafting a Constitution that embodies the dream of generations of a prosperous united society and of a fair state that achieves the aspirations of today and tomorrow for individuals and society.

We are now drafting a Constitution that completes building a modern democratic state with a civil government.

We are drafting a Constitution that closes the door for any corruption or tyranny, heals the wounds of the past from the time of the old Eloquent Peasant to the victims of negligence and the martyrs of the revolution in our time, and relieves our people of the injustice they have suffered from for long.

We are drafting a Constitution that affirms that the principles of Islamic Sharia are the principle source of legislation, and that the reference for interpretation thereof is the relevant texts in the collected rulings of the Supreme Constitutional Court.1

We are drafting a Constitution that paves the way to the future for us, and which is in line with the Universal Declaration of Human Rights, which we took part in the drafting of and approved.

We are drafting a Constitution that maintains our freedom and protects the nation against every threat against it or against our national unity.

We are drafting a Constitution that achieves equality between us in rights and duties with no discrimination.

We are the citizens. We are the Egyptian people, sovereigns in a sovereign homeland. This is our will and this is the Constitution of our revolution.

This is our Constitution. 

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Chapter One: The State

Article 1 Nature of the Republic 

The Arab Republic of Egypt is a sovereign state, united and indivisible, where nothing is dispensable, and its system is democratic republic based on citizenship and the rule of law.

Egypt is part of the Arab nation and enhances its integration and unity. It is part of the Muslim world, belongs to the African continent, is proud of its Asian dimension, and contributes to building human civilization.

Article 2 Islam, Principles of Islamic Sharia

Islam is the religion of the state and Arabic is its official language. The principles of Islamic Sharia are the principle source of legislation.

Article 3 Christian and Jewish religious affairs

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

Article 4 Sovereignty

Sovereignty belongs to the people alone, which exercises it and protects it. They are the source of power. They safeguard their national unity, which is based on the principle of equality, justice and equal opportunity between citizens, as provided in this Constitution.

Article 5 Political system

The political system is based on political and partisan multiplicity, the peaceful transfer of power, the separation and balance of powers, authority going with responsibility, and respect for human rights and freedoms, as set out in the Constitution.

Article 6 Citizenship

Citizenship is a right to anyone born to an Egyptian father or an Egyptian mother. Being legally recognized and obtaining official papers proving his personal data is a right guaranteed and organized by law.

Requirements for acquiring citizenship are specified by law. 

Chapter Two: Basic Components of Society

Section One: Social Components

Article 7 Al-Azhar

Al-Azhar is an independent scientific Islamic institution, with exclusive competence over its own affairs.

It is the main authority for religious sciences, and Islamic affairs. It is responsible for preaching Islam and disseminating the religious sciences and the Arabic language in Egypt and the world.

The state shall provide enough financial allocations to achieve its purposes.

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

Article 8 Social solidarity

Society is based on social solidarity.

The state commits to achieving social justice, providing the means to achieve social solidarity to ensure a decent life for all citizens, in the manner organized by law.

Article 9 Equal opportunity

The state ensures equal opportunity for all citizens without discrimination.

Article 10 Family as the basis of society

Family is the basis of society and is based on religion, morality, and patriotism. The state protects its cohesion and stability, and the consolidation of its values. 

Article 11 The place of women, motherhood and childhood

The state commits to achieving equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of this Constitution.

The state commits to taking the necessary measures to ensure appropriate representation of women in the houses of parliament, in the manner specified by law. It grants women the right to hold public posts and high management posts in the state, and to appointment in judicial bodies and entities without discrimination.

The state commits to the protection of women against all forms of violence, and ensures women empowerment to reconcile the duties of a woman toward her family and her work requirements.

The state ensures care and protection and care for motherhood and childhood, and for breadwinning, and elderly women, and women most in need.

Article 12 Right to work, forced labor

Work is a right, a duty, and an honor guaranteed by the state. There can be no forced labor except in accordance with the law and for the purpose of performing a public service for a defined period of time and in return for a fair wage, without prejudice to the basic rights of those assigned to the work.

Article 13 Worker Rights

The state commits to protecting worker rights, and works on building balanced work relationships between the two sides of the production process. It ensures means for collective negotiations and works on protecting workers against the risks of work, ensures that conditions for professional security, safety and health are met, and prohibits arbitrary dismissal. All the foregoing is as organized by law.

Article 14 State employment

Public posts are a right for citizens on the basis of merit, with no favoritism or mediation. Public posts are an assignment in service of the people. The state ensures the rights and protection of civil servants, and that they shall perform their duties in service of the interests of the people. They may not be dismissed outside of disciplinary action except in those situations set out by law.

Article 15 Right to strike

Striking peacefully is a right which is organized by law.

Article 16 Martyrs and wounded of the revolution

The state commits to honoring the martyrs of the nation, caring for the wounded of the revolution, elderly war veterans, the wounded, and families of those missing in war, as well as their equals, and the wounded in security operations, their wives, children and parents. It works on providing them with job opportunities. The foregoing will be organized by law.

The state encourages the contribution of civil society to achieving these objectives. 

Article 17 Social security services

The state provides social security services.

All citizens who have no access to the social security system have the right to social security to ensure a decent life, if they are unable to support themselves and their families in the event of incapacity to work, old age or unemployment.

The state works to provide appropriate pensions to small farmers, agricultural workers, hunters and informal labor in accordance with the law.

Insurance and pension funds are private and enjoy all forms of protection afforded to public funds.

Together with their returns, they are a right of their beneficiaries. They shall be invested in a safe manner and managed by an independent entity, in accordance with the law.

The state guarantees funds for insurance and pensions.

Article 18 Health care

Every citizen is entitled to health and to comprehensive health care with quality criteria. The state guarantees to maintain and support public health facilities that provide health services to the people, and work on enhancing their efficiency and their fair geographical distribution.

The state commits to allocate a percentage of government expenditure that is no less than 3% of Gross Domestic Product (GDP) to health. The percentage will gradually increase to reach global rates.

The state commits to the establishment of a comprehensive health care system for all Egyptians covering all diseases. The contribution of citizens to its subscriptions or their exemption therefrom is based on their income rates.

Denying any form of medical treatment to any human in emergency or life-threatening situations is a crime.

The state commits to improving the conditions of physicians, nursing staff, and health sector workers, and achieving equity for them.

All health facilities and health related products, materials, and health-related means of advertisement are subject to state oversight. The state encourages the participation of the private and public sectors in providing health care services as per the law.

Article 19 Education

Every citizen has the right to education with the aim of building the Egyptian character, maintaining identity, planting the roots of scientific thinking, developing talents, promoting innovation and establishing civilizational and spiritual values and the concepts of citizenship, tolerance and non-discrimination. The state commits to uphold its aims in education curricula and methods, and to provide education in accordance with global quality criteria.

Education is obligatory until the end of the secondary stage or its equivalent. The state grants free education in different stages in state educational institutions as per the law.

The state commits to allocating a percentage of government spending that is no less than 4% of the GDP for education. It will gradually increase this until it reaches global rates.

The state oversees education to ensure that all public and private schools and institutes abide by its educational policies.

Article 20 Technical education, professional training

The state commits to encourage and develop technical education and professional training and expand all types thereof in accordance with global quality criteria, in keeping with the needs of the labor market.

Article 21 Academic independence

The state guarantees the independence of universities, scientific and linguistic academies. It commits to providing university education in accordance with global quality criteria, and to developing free university education in state universities and institutes as per the law.

The state allocates a percentage of the government expenditure that is no less than 2% of Gross National Product (GNP). It will gradually increase until it reaches global rates.

The state works on encouraging the establishment of non-profit public universities. The state guarantees the quality of education in private and public universities, their commitment to global quality criteria, preparing their educational and research cadres, and allocating a sufficient percentage of its returns to develop the educational and research process.

Article 22 Teachers

Teachers and members of the teaching staff and their assistants are the main pillar of education. The state guarantees the development of their academic competencies and professional skills, and care for their financial and moral rights in order to ensure the quality of education and achieve its objectives.

Article 23 Scientific research

The state grants the freedom of scientific research and encourages its institutions as a means to achieving national sovereignty, and building a knowledge economy. The state sponsors researchers and inventors, and allocates a percentage of government expenditures that is no less than 1% of Gross National Product to scientific research. It will gradually increase until it reaches global rates.

The state commits to provide effective means of contribution for the private and public sectors and the contribution of expatriate Egyptians to the development of scientific research. 

Article 24 Arabic language, religious education and national history

The Arabic language, religious education, and national history in all its stages are core subjects in public and private education. Universities are committed to teaching human rights, and professional morals and ethics relating to various academic disciplines.

Article 25 Illiteracy

The state commits to developing a comprehensive plan to eradicate alphabetical and digital illiteracy for all citizens from all age groups. It commits to developing implementation mechanisms with the participation of civil society institutions according to a specific timeline.

Article 26 Civil titles

The institution of civil titles is prohibited. 

Section Two: Economic Components

Article 27 Economic system

The economic system aims at achieving prosperity in the country through sustainable development and social justice to guarantee an increase in the real growth rate of the national economy, raising the standard of living, increasing job opportunities, reducing unemployment rates and eliminating poverty.

The economic system is committed to the criteria of transparency and governance, supporting competitiveness, encouraging investment, achieving balanced growth with regards to geography, sector and the environment; preventing monopolistic practices, taking into account the financial and commercial balance and a fair tax system; regulating market mechanisms; guaranteeing different types of ownership; and achieving balance between the interests of different parties to maintain the rights of workers and protect consumers.

The economic system is socially committed to ensuring equal opportunities and a fair distribution of development returns, to reducing the gaps between incomes by setting a minimum wage and pension to ensure a decent life, and setting a maximum wage in state agencies for whoever works for a wage as per the law.

Article 28 Production and service based economy activity

Economic production, service-based and information-based activities are key components of the national economy. The state commits to protecting them, increasing their competiveness, providing an environment that attracts investment, and works on increasing production, encouraging exports, and regulating imports.

The state gives special attention to small and medium enterprises in all fields. It works on regulating and training the informal sector.

Article 29 Agriculture

Agriculture is a basic component of the national economy.

The state commits to protecting and increasing land under cultivation, and incriminating encroachments thereon. It works on developing the countryside, raising the standard of living of its inhabitants and protecting it from agricultural risks, and works on developing agricultural and animal production, and encouraging industries based thereon.

The state commits to providing the requirements of agricultural and animal production and buying basic agricultural crops at appropriate prices to achieve a profit margin for farmers in agreement with agricultural unions, syndicates and agricultural associations. The state also commits to the allocation of a percentage of reclaimed lands to small farmers and youth graduates, and to the protection of farmers and agricultural workers against exploitation. All the foregoing will take place in the manner organized by law.

Article 30 Fisheries

The state commits to protecting fisheries, protecting and supporting fishermen, and empowering them to carry out their work without causing damages to eco-systems, in the manner organized by law.

Article 31 Information Space Security

The security of information space is an integral part of the system of national economy and security. The state commits to taking the necessary measures to preserve it in the manner organized by law.

Article 32 Natural resources

Natural resources belong to the people. The state commits to preserving such resources, to their sound exploitation, to preventing their depletion, and to take into consideration the rights of future generations to them.

The state commits to making the best use of renewable energy resources, motivating investment, and encouraging relevant scientific research. The state works on encouraging the manufacture of raw materials, and increasing their added value according to economic feasibility.

Disposing of the state’s public property is forbidden. Granting the right to exploit natural resources or a concession to a public utility shall take place by law for a period not exceeding 30 years.

Granting the right to exploit quarries and small mines and salterns, or granting a concession to a public utility shall take place for a period not exceeding 30 years based on a law.

The law sets the provisions for disposing of state private property, and the rules and procedures regulating such.

Article 33 Ownership

The state protects ownership, which is three types: Public ownership, private ownership, and cooperative ownership.

Article 34 Public Property

Public property is inviolable and may not be infringed upon. It is the duty of every citizen to protect it in accordance with the law.

Article 35 Private property

Private property is protected. The right to inherit property is guaranteed. Private property may not be sequestrated except in cases specified by law, and by a court order. Ownership of property may not be confiscated except for the public good and with just compensation that is paid in advance as per the law.

Article 36 Private sector’s social responsibility

The state encourages the private sector to perform its social responsibility in serving the national economy and society.

Article 37 Cooperative Property

Cooperative property is protected. The state cares for cooperatives, and the law guarantees its protection and support, and ensures its independence.

It cannot be dissolved, nor its boards, except by court order.

Article 38 Taxation

The taxation system and other public levies aim to develop state resources, and achieve social justice and economic development.

Public taxes cannot be established, modified, or cancelled except by law. There can be no exemptions except in cases prescribed by law. It is prohibited to require anyone to pay additional taxes or fees except within the limits of the law.

When imposing taxes, it must be taken into account that the tax system has multiple sources. The taxes imposed on the incomes of individuals are progressive multi-tier taxes that according to their tax capacity. The tax system ensures the promotion of heavy labor industries, and incentivizing their role in economic, social, and cultural development.

The state commits to the development of the tax system, and adoption of modern systems to achieve efficiency, ease and accuracy in tax collection. The law specifies the methods and tools to collect taxes, fees, and any other sovereign returns, and what is deposited in the state treasury.

Paying taxes is a duty, and tax evasion is a crime.

Article 39 Savings

Saving is a national duty that is protected and encouraged by the state. The state safeguards savings in accordance with the law.

Article 40 Confiscation of property

Public confiscation of property is prohibited.

Private confiscation is prohibited except based on a court judgment.

Article 41 Housing

The state commits to the implementation of a housing program that aims at achieving balance between population growth rates and the resources available, maximizing investment in human energy, and improving its features, within the framework of achieving sustainable development.

Article 42 Workers’ share in management

Workers have a share in the management of projects and their profits. They are committed to developing production and implementing the plan in their production units as per the law. Maintaining the tools of production is a national duty.

Workers’ representatives on the boards of public sector units are 50 percent of the number of elected members. Their representation on the boards of public business sector companies takes place in accordance with the law.

The law regulates the representation of small farmers and small craftsmen that is no less than 80 per cent of the boards of directors of agricultural, industrial and trade cooperatives. 

Article 43 Suez Canal

The state commits to protecting, developing and maintaining the Suez Canal as an international waterway that it owns. It is also committed to the development of the canal sector as a significant economic pillar.

Article 44 The Nile

The state commits to protecting the Nile River, maintaining Egypt’s historic rights thereto, rationalizing and maximizing its benefits, not wasting its water or polluting it. The state commits to protecting its mineral water, to adopting methods appropriate to achieve water safety, and to supporting scientific research in this field.

Every citizen has the right to enjoy the Nile River. It is prohibited to encroach upon it or to harm the river environment. The state guarantees to remove encroachments thereon. The foregoing is regulated by law.

Article 45 Seas, Beaches, lakes, waterways, mineral water and natural reserves

The state commits to protecting its seas, beaches, lakes, waterways, mineral water, and natural reserves.

It is prohibited to encroach upon, pollute, or use them in a manner that contradicts their nature. Every citizen has the right to enjoy them as regulated by law. The state also commits to the protection and development of green space in urban areas; the protection of plants, livestock and fisheries; the protection of endangered species; and the prevention of cruelty to animals. All the foregoing takes place as regulated by law.

Article 46 Environment

Every individual has the right to live in a healthy, sound and balanced environment. Its protection is a national duty. The state is committed to taking the necessary measures to preserve it, avoid harming it, rationally use its natural resources to ensure that sustainable development is achieved, and guarantee the rights of future generations thereto.

Section Three: Cultural Components

Article 47 Cultural identity

The state is committed to protecting Egyptian cultural identity with its diverse civilizational origins.

Article 48 Right to culture

Culture is a right of every citizen that is guaranteed by the state. The state is committed to support it and provide all types of cultural materials to the different groups of people without discrimination based on financial capacity, geographical location, or anything else. The state gives special attention to remote areas and the groups most in need.

The state encourages translation from and to Arabic.

Article 49 Monuments

The state commits to protecting and preserving antiquities and their areas, and to maintaining them, renovating them, working to retrieve those that have been taken, and organizing and supervising excavations thereof.

It is prohibited to give away any of them as gifts or exchange them.

Attacks upon them and trafficking in them is a crime for which there is no statute of limitations.

Article 50 Material and moral civilizational and cultural heritage

Egypt’s material and moral civilizational and cultural heritage of all types and from all of the Pharaonic, Coptic, Islamic, and modern periods are a national and human heritage that the state commits to protect and maintain. The same applies to the modern architectural, literary and artistic cultural stock.

Any attack thereon is a crime punishable by law. The state gives special attention to maintain the components of cultural diversity.

Chapter Three: Public Rights, Freedoms and Duties

Article 51 Human dignity

Dignity is a right for every person that may not be infringed upon. The state shall respect, guarantee and protect it.

Article 52 Torture

All forms of torture are a crime with no statute of limitations.

Article 53 Equality in public rights and duties

Citizens are equal before the law, possess equal rights and public duties, and may not be discriminated against on the basis of religion, belief, sex, origin, race, color, language, disability, social class, political or geographical affiliation, or for any other reason.

Discrimination and incitement to hate are crimes punishable by law.

The state shall take all necessary measures to eliminate all forms of discrimination, and the law shall regulate the establishment of an independent commission for this purpose.

Article 54 Personal freedom

Personal freedom is a natural right which is safeguarded and cannot be infringed upon. Except in cases of in flagrante delicto, citizens may only be apprehended, searched, arrested, or have their freedoms restricted by a causal judicial warrant necessitated by an investigation.

All those whose freedoms have been restricted shall be immediately informed of the causes therefor, notified of their rights in writing, be allowed to immediately contact their family and lawyer, and be brought before the investigating authority within twenty-four hours of their freedoms having been restricted.

Questioning of the person may only begin once his lawyer is present. If he has no lawyer, a lawyer will be appointed for him. Those with disabilities shall be provided all necessary aid, according to procedures stipulated in the law.

Those who have their freedom restricted and others possess the right of recourse before the judiciary.

Judgment must be rendered within a week from such recourse, otherwise the petitioner shall be immediately released.

The law shall regulate preventive detention, its duration, causes, and which cases are eligible for compensation that the state shall discharge for preventative detention or for execution of a penalty that had been executed by virtue of a judgment that is overruled by a final judgment.

In all cases, the accused may be brought to criminal trial for crimes that he may be detained for only in the presence of an authorized or appointed lawyer.

Article 55 Due process

All those who are apprehended, detained or have their freedom restricted shall be treated in a way that preserves their dignity. They may not be tortured, terrorized, or coerced. They may not be physically or mentally harmed, or arrested and confined in designated locations that are appropriate according to humanitarian and health standards. The state shall provide means of access for those with disabilities.

Any violation of the above is a crime and the perpetrator shall be punished under the law.

The accused possesses the right to remain silent. Any statement that is proven to have been given by the detainee under pressure of any of that which is stated above, or the threat of such, shall be considered null and void.

Article 56 Supervision of prisons

Prison is a house for reform and rehabilitation.

 Prisons and detention centers shall be subject to judicial oversight. All that which violates the dignity of the person and or endangers his health is forbidden.

The law shall regulate the provisions to reform and rehabilitate those who have been convicted, and to facilitate a decent life once they are released.

Article 57 Private life

Private life is inviolable, safeguarded and may not be infringed upon.

Telegraph, postal, and electronic correspondence, telephone calls, and other forms of communication are inviolable, their confidentiality is guaranteed and they may only be confiscated, examined or monitored by causal judicial order, for a limited period of time, and in cases specified by the law.

The state shall protect the rights of citizens to use all forms of public means of communication, which may not be arbitrarily disrupted, stopped or withheld from citizens, as regulated by the law.

Article 58 Inviolability of homes

Homes are inviolable. Except in cases of danger, or if a call for help is made, they may not be entered, searched, monitored or wiretapped except by causal judicial warrant specifying the place, time and purpose thereof. All of the above is to be conducted in cases specified by the law, and in the manner prescribed. Upon entering or searching homes, those inside shall be notified and informed of the warrant issued in this regard.

Article 59 Right to safety

Every person has the right to a secure life. The state shall provide security and reassurance for citizens, and all those residing within its territory.

Article 60 Inviolability of the human body

The human body is inviolable. Any assault, defilement or mutilation thereof is a crime punishable by law.

Organ trafficking is forbidden, and no medical or scientific experiment may be performed thereon without the documented free consent of the subject, according to the established principles of the medical field as regulated by law.

Article 61 Tissue and organ donation

Donation of tissues and organs is a gift of life. Every human has the right to donate his body organs during his lifetime or after his death by virtue of a documented consent or will. The state commits to the establishment of a mechanism to regulate the rules for organ donation and transplant in accordance with the law.

Article 62 Freedom of movement

Freedom of movement, residence and emigration is guaranteed.

No citizen may be expelled from state territory or banned from returning thereto.

No citizen may be banned from leaving state territory placed under house arrest or banned from residing in a certain area except by a causal judicial order for a specified period of time, and in cases specified by the law.

Article 63 Forced migration

All forms of arbitrary forced migration of citizens are forbidden. Violations of such are a crime without a statute of limitations.

Article 64 Freedom of belief

Freedom of belief is absolute.

The freedom of practicing religious rituals and establishing places of worship for the followers of revealed religions is a right organized by law.

Article 65 Freedom of thought

Freedom of thought and opinion is guaranteed.

All individuals have the right to express their opinion through speech, writing, imagery, or any other means of expression and publication.

Article 66 Freedom of research

Freedom of scientific research is guaranteed. The state shall sponsor researchers and inventors and protect and work to apply their innovations.

Article 67 Artistic and literary creation

Freedom of artistic and literary creation is guaranteed. The state shall undertake to promote art and literature, sponsor creators and protect their creations, and provide the necessary means of encouragement to achieve this end.

No lawsuits may be initiated or filed to suspend or confiscate any artistic, literary, or intellectual work, or against their creators except through the public prosecution. No punishments of custodial sanction may be imposed for crimes committed because of the public nature of the artistic, literal or intellectual product. The law shall specify the penalties for crimes related to the incitement of violence, discrimination between citizens, or impugning the honor of individuals.

In such cases, the court may force the sentenced to pay punitive compensation to the party aggrieved by the crime, in addition to the original compensations due to him for the damages it caused him. All the foregoing takes place in accordance with the law.

Article 68 Access to information and official documents

Information, data, statistics and official documents are owned by the people. Disclosure thereof from various sources is a right guaranteed by the state to all citizens. The state shall provide and make them available to citizens with transparency. The law shall organize rules for obtaining such, rules of availability and confidentiality, rules for depositing and preserving such, and lodging complaints against refusals to grant access thereto. The law shall specify penalties for withholding information or deliberately providing false information.

State institutions shall deposit official documents with the National Library and Archives once they are no longer in use. They shall also protect them, secure them from loss or damage, and restore and digitize them using all modern means and instruments, as per the law.

Article 69 Intellectual property rights

The state shall protect all types of intellectual property in all fields, and shall establish a specialized body to uphold the rights of Egyptians and their legal protection, as regulated by law.

Article 70 Freedom of the press

Freedom of press and printing, along with paper, visual, audio and digital distribution is guaranteed.

Egyptians -- whether natural or legal persons, public or private -- have the right to own and issue newspapers and establish visual, audio and digital media outlets. Newspapers may be issued once notification is given as regulated by law. The law shall regulate ownership and establishment procedures for visual and radio broadcast stations in addition to online newspapers.

Article 71 Freedom of publication

It is prohibited to censor, confiscate, suspend or shut down Egyptian newspapers and media outlets in any way. Exception may be made for limited censorship in time of war or general mobilization.

No custodial sanction shall be imposed for crimes committed by way of publication or the public nature thereof. Punishments for crimes connected with incitement to violence or discrimination amongst citizens, or impugning the honor of individuals are specified by law.

Article 72 Independence of press institutions

The state shall ensure the independence of all press institutions and owned media outlets, in a way that ensures their neutrality and expressing all opinions, political and intellectual trends and social interests; and guarantees equality and equal opportunity in addressing public opinion.

Article 73 Freedom of House

Citizens have the right to organize public meetings, marches, demonstrations and all forms of peaceful protest, while not carrying weapons of any type, upon providing notification as regulated by law.

The right to peaceful, private meetings is guaranteed, without the need for prior notification. Security forces may not to attend, monitor or eavesdrop on such gatherings.

Article 74 Freedom to form political parties

Citizens have the right to form political parties by notification as regulated by the law. No political activity may be exercised or political parties formed on the basis of religion, or discrimination based on sex, origin, sect or geographic location, nor may any activity be practiced that is hostile to democracy, secretive, or which possesses a military or quasi-military nature.

Parties may only dissolved by a judicial ruling.

Article 75 Right to establish associations

Citizens have the right to form non-governmental organizations and institutions on a democratic basis, which shall acquire legal personality upon notification.

They shall be allowed to engage in activities freely. Administrative agencies shall not interfere in the affairs of such organizations, dissolve them, their board of directors, or their board of trustees except by a judicial ruling. 

The establishment or continuation of non-governmental organizations and institutions whose structure and activities are operated and conducted in secret, or which possess a military or quasi-military character are forbidden, as regulated by law.

Article 76 Right to form syndicates

The establishment of federations and syndicates on a democratic basis is a right guaranteed by law.

Such federations and syndicates will possess legal personality, be able to practice their activities freely, contribute to improving the skills of its members, defend their rights and protect their interests.

The state guarantees the independence of all federations and syndicates. The boards of directors thereof may only dissolved by a judicial ruling.

Syndicates may not be established within governmental bodies.

Article 77 Trade unions

The law shall regulate the establishment and administration of professional syndicates on a democratic basis, guarantee their independence, and specify their resources and the way members are recorded and held accountable for their behavior while performing their professional activities, according to ethical codes of moral and professional conduct.

No profession may establish more than one syndicate. Receivership may not be imposed nor may administrative bodies intervene in the affairs of such syndicates, and their boards of directors may only be dissolved by a judicial ruling. All legislation pertaining to a given profession shall be submitted to the relevant syndicate for consultation.

Article 78 Housing

The state guarantees citizens the right to decent, safe and healthy housing, in a way that preserves human dignity and achieves social justice.

The state shall draft a national housing plan that upholds environmental particularity, and guarantees the contribution of personal and collaborative initiatives in its implementation. The state shall also regulate the use of state lands and provide them with basic facilities, as part of a comprehensive urban planning framework for cities and villages and a population distribution strategy. This must be done in a way that serves the public interest, improves the quality of life for citizens and preserves the rights of future generations.

The state shall draft a comprehensive, national plan to address the problem of informal areas that includes providing infrastructure and facilities and improving quality of life and public health. The state shall also guarantee the provision of necessary resources to implement the plan within a specified time frame.

Article 79 Food

Each citizen has the right to healthy, sufficient amounts of food and clean water. The state shall provide food resources to all citizens. It also ensures food sovereignty in a sustainable manner, and guarantees the protection of agricultural biological diversity and types of local plants to preserve the rights of generations.

Article 80 Rights of the child

A child is considered to be anyone who has not reached 18 years of age. Children have the right to be named and possess identification papers, have access to free compulsory vaccinations, health and family care or an alternative, basic nutrition, safe shelter, religious education, and emotional and cognitive development.

The state guarantees the rights of children who have disabilities, and ensures their rehabilitation and incorporation into society.

The state shall care for children and protect them from all forms of violence, abuse, mistreatment and commercial and sexual exploitation.

Every child is entitled to early education in a childhood center until the age of six. It is prohibited to employ children before they reach the age of having completed their primary education, and it is prohibited to employ them in jobs that expose them to risk.

The state shall establish a judicial system for child victims and witnesses. No child may be held criminally responsible or detained except in accordance with the law and the time frame specified therein. Legal aid shall be provided to children, and they shall be detained in appropriate locations separate from adult detention centers.

The state shall work to achieve children’s best interest in all measures taken with regards to them.

Article 81 Rights of the disabled

The state shall guarantee the health, economic, social, cultural, entertainment, sporting and education rights of dwarves and people with disabilities. The state shall provide work opportunities for such individuals, and allocate a percentage of these opportunities to them, in addition to equipping public utilities and their surrounding environment. The state guarantees their right to exercise political rights, and their integration with other citizens in order to achieve the principles of equality, justice and equal opportunities.

Article 82 Youth

The state guarantees the care of youth and young children, in addition to helping them discover their talents and developing their cultural, scientific, psychological, creative and physical abilities, encouraging them to engage in group and volunteer activity and enabling them to take part in public life.

Article 83 The elderly

The state shall guarantee the health, economic, social, cultural and entertainment rights of the elderly, provide them with appropriate pensions to ensure them a decent standard of living, and empower them to participate in public life. The state shall take into account the needs of the elderly while planning public utilities. It also encourages civil society organizations to participate in caring for the elderly.

All the foregoing takes place as organized by law.

Article 84 Sports

The state guarantees the right of everyone to practice physical sports. State institutions and society shall work to discover and sponsor gifted athletes and take necessary measures to encourage the practice of sport.

The law shall regulate the affairs of sports and civil sports bodies in accordance with international standards, and how to settle sporting disputes.

Article 85 Right to address public authorities

Each individual has the right to address public authorities in writing and in signature. No address shall be made in the name of groups except for legal persons.

Article 86 Duty to safeguard national security

Preservation of national security is a duty, and the commitment of all to uphold such is a national responsibility ensured by law. Defense of the nation and protecting its land is an honor and sacred duty.

Military service is mandatory according to the law.

Article 87 Citizen participation in public life

The participation of citizens in public life is a national duty. Every citizen has the right to vote, run in elections, and express their opinion in referendums. The law shall regulate the exercise of these rights.

Performance of these duties may be exempted in cases specified by the law.

 The state shall enter the name of every citizen in the voter registration database without request from the citizen himself, once the citizen meets voting requirements. The state shall also purge this database periodically in accordance with the law. The state guarantees the safety, neutrality and fairness of referendum and election procedures. The use of public funds, government agencies, public facilities, places of worship, business sector establishments and non-governmental organizations and institutions for political purposes and electioneering is forbidden.

Article 88 Egyptians living abroad

The state shall protect the interests of Egyptians living abroad, protect them, guarantee their rights and freedoms, enable them to perform their public duties towards the state and society, and engage them in the nation's development.

The law shall regulate their participation in elections and referendums in a way consistent with their particular circumstances, without being restricted by the provisions on voting, counting of ballots and announcing of results set forth in this Constitution. This shall be done with the granting of guarantees that ensure the fairness and neutrality of the election and referendum process.

Article 89 Slavery, oppression, trafficking

Slavery and all forms of oppression and forced exploitation against humans are forbidden, as is sex trafficking and other forms of human trafficking, all of which are punishable by law.

Article 90 Charitable Endowment

The state shall encourage the charitable endowment system to establish and sponsor scientific, cultural, health, and social institutions and others and to ensure their independence. Its affairs shall be managed in accordance with the conditions set by the person who created the endowment. This will be regulated by law.

Article 91 Asylum

The state shall grant political asylum to any foreigner who has been persecuted for defending the interests of peoples, human rights, peace or justice.

Extradition of political refugees is forbidden. All of the above is according to the law.

Article 92 Limitations clause

Rights and freedoms of individual citizens may not be suspended or reduced.

No law that regulates the exercise of rights and freedoms may restrict them in such a way as infringes upon their essence and foundation.

Article 93 International agreements and conventions

The state is committed to the agreements, covenants, and international conventions of human rights that were ratified by Egypt. They have the force of law after publication in accordance with the specified circumstances. 

Chapter Four: Rule of Law

Article 94 Rule of law

The rule of law is the basis of governance in the state.

The state is subject to the law, while the independence, immunity and impartiality of the judiciary are essential guarantees for the protection of rights and freedoms.

Article 95 Punishment

Penalties are personal. Crimes and penalties may only be based on the law, and penalties may only be inflicted by a judicial ruling. Penalties may only be inflicted for acts committed subsequent to the date on which the law enters into effect.

Article 96 Due process

The accused is innocent until proven guilty in a fair court of law, which provides guarantees for him to defend himself.

The law shall regulate the appeal of felony sentences.

The state shall provide protection to the victims, witnesses, accused and informants as necessary and in accordance with the law.

Article 97 Right to litigate

Litigation is a safeguarded right guaranteed to all. The state shall bring together the litigating parties, and work towards speedy judgment in cases. It is forbidden to grant any act or administrative decision immunity from judicial oversight. Individuals may only be tried before their natural judge. Extraordinary courts are forbidden.

Article 98 Right to defense

The right of defense either in person or by proxy is guaranteed. The independence of lawyers and the protection of their rights are ensured as a guarantee for the right of defense.

For those who are financially incapable, the law guarantees the means to resort to justice and defend their rights.

Article 99 Violation of personal freedom

Any assault on the personal freedoms or sanctity of the life of citizens, along with other general rights and freedoms guaranteed by the Constitution and the law, is a crime with no statute of limitations for both civil and criminal proceedings. The injured party may file a criminal suit directly.

The state guarantees just compensation for those who have been assaulted. The National Council for Human Rights shall inform the prosecutor's office of any violation of these rights, and also possesses the right to enter into an ancillary civil lawsuit on the side of the injured party at its request. This is as specified within the law.

Article 100 Implementation of court decisions

Court decisions shall be issued and implemented in the name of the people. The state guarantees the means of implementing them as regulated by the law. Refraining from implementing or impeding implementation by the competent public servants is a crime that is punishable by law. The prevailing party in such a case may file a criminal suit directly with the competent court. Upon the request of the prevailing party, the public prosecution must raise criminal proceedings against the public servant who refrained from implementing the decision or impeded it.

 Chapter Five: The Ruling System

Section One: Legislative Authority (House of Representatives)

Article 101 Mandate

The House of Representatives is entrusted with legislative autho

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