Annual Report of The National Council for Human Rights

Chapter Two - Cont.

Egypt's role in the Establishment of International and Regional
Legitimacy of Human Rights Principles

In addition to the advantages provided by the Egyptian legal system to human rights principles, arising by virtue of their incorporation into the Constitution, the human rights principles embodied in the Constitution enjoy a special security that is provided in the Constitution itself in Article (57), provides that "Any assault on individual freedom or on the inviolability of private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, the criminal and civil prosecution of which is not limited by prescription.
Thus, infringement on the principles of human rights and freedoms is criminalized, and ensures punishment of every perpetrator and, accordingly, guarantees a remedy for the victim for damage sustained as a result of these acts. Moreover, neither the crime nor any action shall lapse by prescription.
We refer to these principles in detail as follows:

First: Principles of Human Rights set forth in Chapter One of the Constitution:

Chapter one of the Constitution addresses matters relating to fundamentals of the State in Egypt.

1- People are the source of authorities principle (Article 21 of the Universal Declaration of Human Rights):
This principle is contained in Article 3 of the Constitution, which provides that "The People are the sole source of sovereignty and authority. The People shall exercise and protect this sovereignty, and safeguard national unity in the manner specified in the Constitution".

2- Political freedom principle(Article 21 of the Universal Declaration of Human Rights):
This principle is contained in Article 5 as amended on 22 May 1980, which provides that "The political system of the Arab Republic of Egypt is a multiparty system, within the framework of the basic constituents and principles of Egyptian society as stipulated in the Constitution. Political parties are regulated by law."

3- The right to a nationality principle (Article 15 of the Universal Declaration of Human Rights):
This principle is contained in Article 6 of the Constitution, which provides that "The Egyptian nationality is defined by the law."

Second: Principles of Human Rights set forth in Chapter Two of the Constitution

Chapter two of the Constitution, titled "Basic Constituents Of The Society ", contains certain human rights principles, as follows:

1- Principle of equality of opportunity and the fair allocations of the burdens of public service:
This principle is contained in Article 8 of the Constitution, which provides that "The State shall guarantee equality of opportunity to all citizens."

2- Protection of the family, mothers, infants and care of young persons principle (Articles 16 and 25 of the Universal Declaration of Human Rights):
This principle is contained in Articles 9 and 10 of the Constitution. Article 9 provides that "The family is the basis of society, which is founded on religion, morality and patriotism. The State is keen to preserve the genuine character of the Egyptian family- the embodiments of its values and traditions."
Article 10 provides that "The State shall guarantee the protection of mothers, infants and provide for children and young persons.

3- Principle of equality between men and women (Articles 1 and 2 of the Universal Declaration of Human Rights):
This principle is contained in Articles 40 and 11 of the Constitution. Article 11 provides that "The State shall guarantee the proper coordination between the duties of women towards the family and their work within society, with equality with men in political, social, cultural and economic life in conformity with the rules of Islamic Sharia".
Article 40 of the Constitution provides that: "All citizens are equal before the law. They have equal public rights and duties without discrimination between them due to race, ethnic origin, language, religion or creed".

4- The right to work and prevention of forced labour principle (Articles 4 and 23 of the Universal Declaration of Human Rights):
This principle is contained in Article 13 of the Constitution, which provides that "Work is a right, a duty and an honour ensured by the State. Workers who excel in their field of work shall receive the appreciation of the State. No work shall be imposed on citizens, except by virtue of the law, for the performance of a public service and in return for a fair remuneration".

5- The right to assume public positions principle(Article 21 of the Universal Declaration of Human Rights):
This principle is contained in Article 14, which provides that "Public positions are the right of all citizens and responsibility of those so employed in the service of the people."

6- The right to cultural, social, heath services and social security principle(Articles 22 and 24 of the Universal Declaration of Human Rights):
This principle is contained in Articles 16 and 17 of the Constitution. Article 16 provides that "The State shall guarantee cultural, social and health services, and to ensure continuous access thereof to villages in particular, to raise the standard of life therein." Article 17 provides that "The State shall guarantee social and health insurance services and all citizens shall be entitled to disability, unemployment and old-age pensions, in accordance with the law".

7- Principle of the right to free education at all stages and compulsory education at the elementary stages (Article 26 of the Universal Declaration of Human Rights):
This principle is contained in Articles 18 and 20 of the Constitution. Article 18 provides that "Education is a right guaranteed by the State. It is obligatory at the primary stage and the State shall endeavor to extend obligation to other stages".
Article 20 provides that "Education in the State's educational institutions in its various stages shall be free of charge".

8- Equal distribution of national income, minimum wage, elimination of unemployment and raising the standard of living principle (Articles 23, 24 & 25 of the Universal Declaration of Human Rights):
This principle is contained in Articles 23 and 25 of the Constitution. Article 23 provides that "The national economy shall be organized in accordance with a comprehensive development plan which ensures raising the national income, fair distribution of income, raising the standard of living, eliminating unemployment, increasing work opportunities, and determining a minimum wage.."
Article 25 provides that "Every citizen shall have a share in the national product to be defined by law".

9- Principle of safeguarding and protecting the rights of private property (Article 17 of the Universal Declaration of Human Rights):
This principle is contained in Article 34 and 36 of the Constitution. Article 34 provides that "Private property shall be safeguarded and may not be sequestered except in cases specified by law and by judicial decision. Private property may not be expropriated except for the public interest and against a fair compensation in accordance with law. The right of inheritance is guaranteed".
Article 36 provides that "Public sequestration of funds shall be prohibited. Private sequestration shall not be permitted except by judicial decision".

Third: Principles of Human Rights set forth in Chapter Three of the Constitution

The Constitution earmarks Chapter three, which is titled "General Freedoms, Rights and Duties," to highlight several principles embodied in international human rights agreements. We will examine these principles in the order of their appearance in the Constitution, as follows:

1- Principle of equality of rights and duties, and protection against discrimination or racial discrimination (Articles 1, 2 & 7 of the Universal Declaration of Human Rights):
This principle is contained in Article 40 of the Constitution, which provides that "All citizens are equal before the law. They have equal public rights and duties without discrimination of race, ethnic origin, language, religion or creed."

2- The right to personal freedom principle (Article 3 of the Universal Declaration of Human Rights):
This principle is contained in Articles 41 of the Constitution, which provides that "Personal freedom is a natural right and shall not be abridged. Except for cases of apprehension in the act of commission of a crime, no person may be arrested, searched, or have his freedom restricted by any restriction. Nor may he be prevented from free movement, except by an order resulting from investigations and for the security of the society. This order shall be issued by the competent judge or the Public Prosecution in accordance with the provisions of the law. The law shall determine the period of detention".

3- Principle of treatment of arrested persons in a manner that preserves their dignity and does not subject them to physical or moral injury or torture, and no detention may be effected in places other than those subject to laws regulating prisons, and no evidence obtained under duress or coercion shall be valid (Articles 5 & 9 of the Universal Declaration of Human Rights):
This principle is contained in Articles 42 which provides that "Any person arrested, detained or with restricted freedom shall be treated in concomitant with the preservation of his dignity. No physical or moral injury or torture shall be inflicted. He may not be detained or imprisoned except in places defined by law regulating prisons. If a confession is proved to have been obtained under duress or coercion, it shall be deemed invalid.

4- Principle of the inadmissibility of conducting medical or scientific experiments on any person without his free consent (Article 3 of the Universal Declaration of Human Rights):
This principle is contained in Article 43 of the Constitution, which provides that "Any medical or scientific experiments may not be conducted on any person without his free consent".

5- Principle of the sanctity of homes and private lives of citizens (Article 12 of the Universal Declaration of Human Rights):
This principle is contained in Articles 44 and 45 of the Constitution. Article 44 provides that "Homes shall be enviable and may not be entered or inspected except with a judicial order justifiable according to law."
Article 45 provides that "the inviolability of the private live of citizens is protected by law. Means of communication are inviolable, the private nature of which is secured, and may not be monitored except with a justified judicial order for a definite period pursuant to provisions of law".

6- The right to freedom of belief creed and worship (Article 18 of the Universal Declaration of Human Rights):
This principle is contained in Article 46, which provides that "The State shall guarantee the freedom of belief and the freedom of worship."

7- Principle of the right to freedom of opinion and expression and of mass media and publishing (Article 19 of the Universal Declaration of Human Rights):
This principle is contained in Articles 47 and 48 of the Constitution. Article 47 provides that "Freedom of opinion is guaranteed. Every individual has the right to express his opinion and to publicize it verbally or in writing or by other means of expression within the limits of law. Self-criticism and constructive criticism is a guarantee of the safety of the national structure".
Article 48 provides that "Freedom of the press, printing, publication and mass media shall be guaranteed. Censorship of newspapers is prohibited, nor may they be censured, or suspended by the administrative methods. In a state of emergency or in time of war a limited censorship may be imposed on newspapers, publications and mass media in matters related to public safety or for purposes of national security in accordance with law".

8- Principle of freedom of scientific research and literary, artistic and cultural creativity (Articles 27 of the Universal Declaration of Human Rights):
This principle is contained in Article 49 of the Constitution, which provides that "The State shall guarantee the freedom of scientific research and literary, artistic and cultural creativity and shall provide the necessary means to support such achievement."

9- Principle of the right to freedom of movement and residence, and of prohibition of deportation or prevention from return (Article 13 of the Universal Declaration of Human Rights):
This principle is contained in Articles 50 and 51 of the Constitution. Article 50 provides that "No citizen may be prohibited from residing anywhere and no citizen may be forced to reside in a particular area, except in cases specified by law."
Article 51 provides that "No citizen may be deported from the country or prevented from return".