Rights and Freedoms - Constitution of Egypt

Chapter 1: Personal rights

Article 31: Dignity and the prohibition against insults

Dignity is the right of every human being. The state and society guarantee respectfor dignity and its protection.

Insulting or showing contempt toward any human being is prohibited.

Article 32: Nationality

Egyptian nationality is a right. It is organized by law.

Article 33: Equality in public rights and duties

All citizens are equal before the law. They have equal public rights and duties. Therecan be no discrimination between them in that regard.

Article 34: Personal freedom

Personal freedom is a natural right. It is safeguarded and inviolable.

Article 35: Due process

Except in cases of flagrante delicto, no person may be arrested, searched, detained,prevented from free movement or prevented from exercising his freedoms exceptunder a justified court order that will require an investigation.

Any person whose freedom has been restricted for these reasons must be informedof the reasons in writing within 12 hours, and be presented to the investigatingauthority within 24 hours from the time in which his freedom was restricted. He canonly be interrogated in the presence of his lawyer. He will be provided with a lawyer when needed.

All persons whose freedoms have been restricted, and others, have the right ofappeal to the courts against the measure of arrest. The matter must be decidedwithin a week. If the matter is not decided within a week, release becomesimperative.

The law organizes the rules for temporary detention, its duration and its causes, andthe cases in which an individual is entitled to compensation, whether for temporarydetention or for a sentence carried out that a court final ruling has revoked.

Article 36: Treatment during arrest or detention

Any person arrested, detained or whose freedom is restricted in any way, is treatedin a manner preserving his dignity. He may not be tortured, nor may he be compelled,nor may he be physically or morally harmed.

Individuals can only be detained or arrested in places that are humanely andhygienically suitable, and subject to judicial supervision.

The violation of any of the foregoing is an offense punishable by law.

Any statement proved to have been made by a person under any of theaforementioned forms of duress, or pursuant to a threat, is considered invalid andcannot be relied upon.

Article 37: Prison

Prison is a place of discipline, correction and reform. It is subject to judicialsupervision. Anything that violates human dignity or a person's health is prohibited.

The state is responsible for the rehabilitation of convicts and facilitating for them adignified life after their release.

Article 38: Sanctity of correspondence

The private life of citizens is inviolable. Its secrecy is guaranteed. Postalcorrespondence, wires, electronic correspondence, telephone calls and other meansof communication may not be confiscated.

They cannot be monitored except for a limited period of time and in situations thatare set out by law, and based on a justified judicial warrant.

Article 39: The inviolability of homes

Homes are inviolable. With the exception of cases of immediate danger and distress,they may not be entered, searched or monitored, except in cases defined by law, andby a justified judicial warrant which specifies the place, timing and purpose. Those ina home are alerted before the home is entered or searched.

Article 40: Right to safety

ll residents have a right to a safe life which is guaranteed by the state. The lawprotects the individual against criminal phenomena.

Article 41: Inviolability of the human body

The human body is inviolable, and the trafficking of human organs prohibited. Noperson may be subjected to any medical or scientific experiment without free,documented consent, and in accordance with the established foundations of medicalscience, and in the manner organized by law.

Article 42: Freedom of movement

Freedom of movement, residence and immigration is guaranteed.

No citizen may be deported from or prevented from returning to the country.

No citizen may be prevented from leaving the country, nor placed under housearrest, except by virtue of a justified judicial warrant, and for a limited period of time.

Chapter 2: Civil and political rights

Article 43: Freedom of belief

The freedom of belief is inviolable.

The state guarantees the freedom to practice religious rites and to establish placesof worship for the divine religions. This is as organized by law.

Article 44: Blasphemy

Defaming all religious messengers and prophets is prohibited.

Article 45: Freedom of thought and opinion

The freedom of thought and opinion is guaranteed.

Every individual has the right to express an opinion and to disseminate it verbally, inwriting or illustration, or by any other means of publication and expression.

Article 46: Freedom of creativity

Freedom of creativity in its various forms is the right of every citizen.

The state advances science, the arts and literature. The state sponsors creators andinventors, protects their creations and innovations, and works to apply them for thebenefit of society.

The state takes the necessary measures to preserve the nation’s cultural heritage.The state works to promote cultural services.

Article 47: Access to information

Access to information, data, statistics and documents, its disclosure and circulation,is a right guaranteed by the state to all citizens, on the condition that this does notviolate the sanctity of private life or the rights of others, and that it does not conflictwith national security.

The law organizes the rules for filing and archiving public documents, the means toaccess information, appeals against a refusal to disclose information, and theconsequent accountability for refusing to disclose information.

Article 48: Freedom of the press

The freedom of the press, printing, publication and mass media is guaranteed. Themedia is free and independent to serve society and to express various trends inpublic opinion, and contribute to shaping and directing public opinion in the contextof the state and society’s main components, and in the context of the preservation ofrights, freedoms and public duties, of the respect for the sanctity of the private livesof citizens and the requirements of national security. The closure, prohibition orconfiscation of media outlets is prohibited except with a court order.

It is prohibited to monitor whatever media outlets publish. An exception is permittedin the case of limited censorship that may be imposed in times of war or publicmobilization.

Article 49: Freedom to own and establish newspapers

Freedom to publish and own newspapers of all kinds is guaranteed subject tonotification for every natural or moral Egyptian person.

The law organizes the establishment of radio stations, television broadcasting anddigital media.

Article 50: Freedom of assembly

Citizens have the right to organize public meetings, processions and peacefuldemonstrations. They must be unarmed and must provide notification as regulatedby law.

The right to private assembly is guaranteed without the need to provide notification.Security personnel may not attend or intercept such private meetings.

Article 51: Right to establish associations

Citizens have the right to establish associations and civil institutions, subject tonotification. Such institutions operate freely, and have legal personality.

The authorities may not disband them or their administrative bodies without a courtorder, in the manner prescribed by law.

Article 52: Right to form syndicates

The right to form syndicates, unions and cooperatives is guaranteed. They have legalpersonality, be formed on a democratic basis, operate freely, participate in theservice of the community, and in raising the standard of efficiency among theirmembers, and defending their rights.

Authorities may not disband them or their boards other than based on a court order.

Article 53: Trade unions

The law organizes professional trade unions, their management on a democraticbasis, determines its assets, and the manner in which its members are to be heldaccountable for their conduct, which should be in accordance with professionalcodes of ethics. One trade union is allowed per profession.

Authorities may not disband the boards of trade unions except with a court order,and may not place them under sequestration.

Article 54: Right to address public authorities

Every individual has the right to address public authorities in writing and under hisown signature.

Addressing public authorities should not be in the name of groups, with theexception of legal persons.

Article 55: Citizen participation in public life

Citizen participation in public life is a national duty. Every citizen has the right tovote, run for elections, and express opinions in referendums. The law organizes thedirect application of these rights.

The state is responsible for the inclusion of the name of every citizen who satisfiesthe conditions to vote in a voters’ registry and must do so automatically.

The state ensures the validity, impartiality and integrity of referendums andelections. Interference in any of the foregoing is a crime punishable by law.

Article 56: Egyptians living abroad

The state safeguards the interests of Egyptians living abroad, protects them andprotects their rights and freedoms, assists them perform their public duties towardthe Egyptian state and society, and encourages their contribution to thedevelopment of the nation.

Their participation in elections and referendums is organized by law.

Article 57: Asylum

The state grants asylum to foreigners who are deprived in their country of the publicrights and freedoms that are guaranteed by this Constitution.

Extradition of political refugees is prohibited.

All of the foregoing is in accordance with what the law organizes.

Chapter 3: Economic and social rights

Article 58: Right to Education

Every citizen has the right to high quality education. It is free throughout its stages inall government institutions and is obligatory in the primary stage. The state works toextend that obligation to other stages.

The state supports and encourages technical education, and oversees education inall its forms. The state allocates sufficient percentage from the national revenue totechnical education.

All educational institutions, public and private, local and otherwise abide by thestate’s educational plans and objectives, with a view to creating a link betweeneducation and the needs of society and production.

Article 59: Freedom of scientific research

Freedom of scientific research is guaranteed. Universities, scientific and linguisticacademies, and research centers are independent. The state provides them with a sufficient percentage of the national revenue.

Article 60: The Arabic language and religious education

The Arabic language is a primary subject in all stages of education in all educationalinstitutions.

Religious education and national history are core subjects of pre-universityeducation in all its forms.

Universities are committed to the teaching of morals and ethics relating to variousdisciplines.

Article 61: Eradication of illiteracy

The state develops a comprehensive plan to eradicate illiteracy in all age groups, formales and females. The state will implement this plan with society’s participationwithin 10 years from the date of the Constitution.

Article 62: Healthcare

Healthcare is a right of every citizen. The state allocates a sufficient percentage ofthe national revenue to healthcare.

The state provides healthcare services and health insurance in accordance with justand high standards, to be free of charge for indigents.

All health facilities provide various forms of medical treatment to every citizen incases of emergency or danger to the life of a person.

The state supervises all health facilities, inspect them for quality of services, andmonitor all materials, products and means of health-related publicity. Legislation willbe issued and measures will be passed to put such supervision into effect.

Article 63: Environment

Each individual is entitled to live in a healthy and sound environment. The statecommits to maintaining and protecting the environment from pollution, to make useof natural resources in way that does not damage the environment and safeguardthe rights of future generations.

Article 64: Right to work

Work is a right, duty and honor for every citizen, guaranteed by the state on thebasis of the principles of equality, justice and equal opportunities.

There can be no forced labor except in accordance with law.

Public sector employees work in the service of the people. The state employs citizenson the basis of merit, without nepotism or mediation. Any violation of the foregoingis a crime punishable by law.

The state guarantees for every worker the right to fair pay, vacation, retirement andsocial security, healthcare, protection against occupational hazards, and theapplication of occupational safety conditions in the workplace, in accordance withthe law.

Workers may not be dismissed except in those situations that are set out by law.

Striking peacefully is a right which is organized by law.

Article 65: Martyrs

The state honors the martyrs of the 25 January Revolution as well as martyrs of warand of national duty, as well as the wounded. The state supports their families, aswell as the injured and war veterans, the families of those disappeared during war,and similar cases. They, their children and their wives are prioritised in employmentopportunities.

The foregoing is organized by law.

Article 66: Social security

The state provides social security services.

All citizens have the right to social security if they are unable to support themselvesand their families in case of incapacity, unemployment or old age, such that they areguaranteed a minimum standard of living.

Article 67: Pensions for farmers and others

The state works to provide an adequate pension for small-scale farmers, agriculturalworkers, casual workers, and all who do not have access to the social insurancesystem.

This is organized by law.

Article 68: Adequate housing, clean water and healthyfood

Adequate housing, clean water and healthy food are guaranteed rights.

The state adopts a national housing plan, which is based on social justice, thepromotion of independent initiatives and housing cooperatives, and the regulation ofthe use of national territory for the purposes of construction, in accordance with thepublic interest and with the rights of future generations.

Article 69: Right to play sports

The right to play sports is a right that belongs to everyone.

The state and society strive to discover talented athletes and support them, and takethe necessary measures to encourage exercise.

Article 70: Rights of the child

Every child, from the moment of birth, has the right to a proper name, family care,basic nutrition, shelter, health services, and religious, emotional and cognitivedevelopment.

The state commits to caring and protecting the child in case he loses his family. Thestate also guarantees the rights of disabled children, and their rehabilitation andintegration into society.

Child labor is prohibited before passing the age of compulsory education, in jobs thatare not fit for a child’s age, or that prevent the child from continuing education.

A child may only be detained for a limited period, and he must be provided with legalassistance, and be detained in an appropriate location, in which children must beseparated according to gender, age and type of crime, and be held away from placesof adult detention.

Article 71: Care for children and youth

The state guarantees care for children and youth; supports their spiritual, moral,cultural, educational, physical, psychological, social and economic development. Thestate enables them to engage in active political participation.

Article 72: People with disabilities

The state commits to providing people with disabilities with health, educational,economic and social care, and provides them with employment opportunities, raisessocial awareness on their situation, and adapts public facilities to suit their needs.

Article 73: Oppression, exploitation and sex trafficking

All forms of oppression, exploitation and sex trafficking are prohibited andcriminalized by law.

Chapter 4: Guarantees for the protection of rights andfreedoms

Article 74: The rule of law

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

The independence of the judiciary and the immunity of judges are two basicguarantees to safeguard rights and freedoms.

Article 75: Right to litigate

The right to litigation is inalienable and guaranteed for all.

The state commits to making judicial institutions accessible and to encouraging arapid decision making process.

It is prohibited to isolate any act or administrative decision from judicial oversight.

No person can be tried except before his natural judge. Exceptional courts areprohibited.

Article 76: Punishment

Penalty is personalized. There can be no crime or penalty except by virtue of theConstitution or the law. No penalty can be inflicted except by virtue of a courtdecision. Penalties are inflicted only for acts committed after the promulgation ofthe relevant law.

Article 77: Due process

Except for situations set out by law, criminal prosecutions must be based on an orderfrom the relevant judicial body.

A defendant is innocent until proven guilty in a legal and fair trial, and in which he isgranted the right of defense. Every person accused of a felony must have a lawyer todefend him. The law determines the minor offenses for which a defense lawyer isalso required.

The law organizes the process of appealing decisions relating to felonies andoffenses.

The state provides protection for victims of crime, witnesses, defendants andinformants where necessary.

Article 78: Right to defense

The right of defense in person or by proxy is guaranteed.

The law guarantees for indigents the means to resort to the courts and to defendtheir rights before the courts.

Article 79: Preventing or delaying the implementation ofcourt decisions

Court decisions are issued and enforced in the name of the people. It is a crimepunishable by law for the relevant civil servant to prevent or delay theimplementation of a court decision. In such a situation, a person who has a sentenceissued in his favor has the right to lodge a direct criminal action before the relevant court.

Article 80: The absence of state of limitations

Any violation of any of the rights and freedoms guaranteed by the Constitution is acrime for which there is no statute of limitation. The state guarantees faircompensation to the victim of such encroachment.

The injured party has the right to lodge a direct criminal action.

The National Council for Human Rights informs the Public Prosecution of anyviolation of these rights, may join the injured party in a civil action, and may appealon his behalf.

Article 81: Limitations clause

The rights and freedoms inherent in the citizen’s person cannot be suspended ordetracted from.

No law may regulate the exercise of these rights or freedoms in a way thatconstrains their origin and essence.

Rights and freedoms are to be exercised in a way that is consistent with thecomponents that are set out in the Chapter on the state and Society in thisConstitution.

Preamble

State and Society

Political Principles

Social and Ethical Principles

Economic Principles

Rights and Freedoms

Personal Rights

Moral and Political Rights

Economic and Social Rights

Guarantees for the Protection of Rights and Freedoms

Public Authorities

Legislative Authority