Constitution File - New Woman Foundation
General principles (concerning the elements of the State)
i
Egypt is a modern democratic state, based on a fair citizenship among all citizens without any form of discrimination, respect
variety and cultural diversity, equal opportunities , and equality before the law.
The State guarantee respect for human dignity as an inherent right for all citizens to be protected, ensure equitable
distribution and freedom of opinion and expression.
ii The
Country's constitution based on the respect of the civil, political, economic, social and cultural human rights, ensuring
life dignity, in accordance with the ratified international conventions and international law.
The constitution guarantees the rule of law principle, authority separation, emphasize the judicial independence, and
empower the public supervision and punishment.
iii Ensure the necessary constitutional protection and guarantees to the citizenship values, equality before the law, and the
civil state's identity for all citizens, without any form of discrimination, and the protection of general rights and freedoms
stated in the constitution.
Basic principles concerning rights and freedoms
Equality
v Equality of all citizens without any form of discrimination, is considered an absolute constitutional value and duty,
guaranteed and protected by the constitutional of the Arab Republic of Egypt , Enact legislation in its light and insurance and a
punished when compromised.
vi The state guarantees full equality between the citizens, in the collection of civil, political, economic, social, cultural, a nd
environmental rights, ensures gender equality to hold public office, getting into the army and police without discrimination,
and punishing officials of creating any form of discrimination under the law.
The state guarantees the right of citizenship for all citizens, without healthy or geographical discrimination, and extracts freely
the necessary papers for all on the basis of the principle of equality before the law, and prohibits canceling it for any of its
citizens.
Political participation
vii The state's constitution guarantees the right of citizens to participate politically, nomination and election, without
distinction of any kind, and to facilitate political participation to those who are agreed with the eligibility.
The Constitution guarantees the right of all citizens to demonstrate peacefully and express their political opinion, freedom of
Association and to form political parties, unions and associations, and the freedom of establishment, and the independence of
civil society organizations.
viii The
State is responsible for taking interim measures relating to calling excluded categories from decision-making in the
various legislative districts, to ensure the right of political participation of all, without discrimination ,as to continue working
with these measures for a limited period of ten years maximum, with adopting education and information policies and
others, which help to empower these groups exercising their political rights smoothly after the completion of the interim
measures period.
Education
x Education is a right for all Egyptians, male and female, g uaranteed by the State and as a compulsory right for the primary
education free at all stages of education, the State guarantees as well, the access of the various stages of education services
to rural and desert areas without geographical discrimination.
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**x The
State bears the responsibility of literacy all citizens within specific time plan, considering erasing illiteracy according to
specific time plan, a constitutional obligation of the State.
xi The
State ensures the curriculum development in terms of content quality standards for educational process, includes the
institutional structure, curriculum, teacher status, and other activities consistent with the constitutional values of citizenship
and equality of all its citizens without any form of discrimination.
xii The
State shall ensure the independence of universities, and research centers.
xiii Culture
and Information
Ensure media and education freedom, without breaching the constitutional values of citizenship and discrimination among all
citizens.
xiv All
citizens have the right to access any information and knowledge, circulate, criticize, and evaluate it, express an opinion,
and the production of culture without any form of discrimination.
The State guarantees the promotion and development of means of communication for the citizens, and keeping pace with the
development of science, digital, and technology guaranteed to all without discrimination.
Work
xv Work
is a right should be provided by the State for all citizens, suiting their willingness and qualifications without distinction
of any kind, including public office whether it was civilian or military. A person shall not be prejudiced in his work because of
his origin, opinion, or belief.
xvi Protection
of the economic and social rights for all citizens, without any kind of discrimination, and linking it to the
minimum standard of living starting with the adoption of the minimum wages, as well as organizing labor relations according
to the international conventions.
xvii The
State shall guarantee the necessary measures to enable all the citizens to carry out their duties at work and participate
in the development
xviii of dignity and welfare of the family in order to enable them without distinction to carry out their duties towards their
country and the roles of family care.
xix Protection
of the labor rights and social insurance (financial and health) for all forms of employment,
including seasoned and non-permanent, and the right to insure against unemployment, sickness, disability and old age.
Health
xx The
State guarantees the right of health and bodily integrity of citizens of all ages, and the guarantee of the minimum
proper nutrition, providing food and drink without any form of discrimination.
xix Providing a comprehensive health insurance includes all the Egyptian family members without distinction of any kind,
ensures the provision of adequate health service for housewives, the elderly, people with special needs, and all other
marginalized groups.
The State guarantee the health rights for all citizens without distinction of any kind, as providing comprehensive coverage of
health services, which ensure provision of protection, and reproductive and sexual health services.
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Personal Rights
xxii The state ensures the dignity and the physical and psychological integrity protection of all citizens, of all ages in public and
private spheres.
xxiii The
State guarantees the right to marry based on human dignity, equal rights and duties between the two parties, and
obliging the minimum marriageable age beyond childhood, the participation in the family, to achieve the noble goals between
the two parties, and to contribute to the development of the legislative conditions in the light of economic, social and cultural
development.
The State guarantees xxiv the protection committees, and other measures against violence and torture in popular, localities
areas, cities, and places of work and study, in order to protect the citizens from any violation affecting personal rights and the
body safety for all ages.
xxv The State guarantees freedom of residence and movement of all citizens without any kind of distinction. Shall not be
suspended, or detained, or forbidden without a legal basis and standing before the civil judge.
The State guarantees the freedom of religion and worship for all citizens, without any form of religious, class, or social
discrimination.
The state guarantee the inviolability of all citizens' private life, and the confidentiality of correspondence, telephones calls and
personal information, and cannot be disclosed except under court order.
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xxvi Proposals
on the formation of the constituent body for the constitution formulation
The Constituent body takes into consideration the gender diversity of its members, to ensure representation expresses the
diversity of Egyptian society without any qualitative, ideological, class types, ethnic discrimination, or others.
1- Working with the principle of equally seats in the constituent committee of the constitution.
2- Including feminist representatives and jurists to ensure the inclusion of feminism right vision of the Egyptian constitution in
the constituent committee.
3- Representation of the Egyptian experts' women in all legal and scientific fields in addition to experts in the field of
international law, and conventions, and others considering that the constitution as the public principle document belonging to
all the rights for all citizens, and requires everyone's giving and effort in all fields.
3- Representation of the Egyptian thinkers, writers, and artists.
4- Representation of women from various sectors of production and development (Students - Workers - peasant Housewives).
5- Representation of women of different ages (young- middle aged- older).
6- Representation of women with special needs.
I This wording is considered the closest to the formulation of Article (1), chapter: the elements of the state, of the Declaration of Principles of
the Next Egyptian constitution - Egypt first conference.
II This formulation is more extensive and clarified of a Papyrus human rights organizations (freedom- dignity- human justice).
Iii This article belongs to the constitutional guarantees, which is consistent with the proposals of the constitutional guarantees that have been
mentioned in the Declaration of Principles of the Next Egyptian Constitution - Egypt First Conference of the National Council and also
Document of the Governing Principles of the Freedoms and Rights Committee of the Reconciliation National Council.
Iv Reference to judge Thanai Al Gebaly, in the roundtable discussions, constitutional rights for women documented in the background paper
of the table- New Women May 2011.
V The Declaration of Principles of the Next Egyptian constitution- Egypt First conference.
Equality
3- Emphasis on a complete equality among citizens, in all civil, political, economic, social, cultural, and environmental rights.
_ Equality of women and men in the military service and work in police, and judiciary, and the prohibition of discrimination,
on the basis of establishing a supreme body for equality and combating all forms of discrimination, working on erasing it
and punishing the responsible of it , and prevent().
Equal Opportunities
Declaration of Principles stated the term "equal opportunity" in more than one Article in the Document of the Declaration of
Principles such as,
Article (5) from the sector of rights and freedoms, the right to work and equal opportunities in access to public jobs.
Article (12) from the same sector, Equal opportunities' protection as a basis for social justice without discrimination.
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The Document of the Governing Principles of The Rights and Freedoms Committee of national reconciliation stated also to
Article (2) of the second sector, Rights and Freedoms, as follows: All citizens are free and equal before the law in rights,
duties and freedoms. Discrimination is prohibited among them in sex, origin, language, religion, belief, social status, political
views, or disability and certain benefits may be reported to disable citizens.
Article (4) of the previous source also stated: The State guarantees equal opportunities and social justice for all citizens- men
and women- without discrimination.
According also to the background paper of the women's constitutional rights table, included an article on the holding
conservative positions, the presidency of the local councils, and the external representation positions.
VI There are number of documents of Declaration of Principles, presented a commendable effort drawing the attention to
the protection of natural and environmental resources for all without discrimination: see Document of Declaration of
Principles of the Egyptian constitution, Article (12) of the elements of the State item.
In addition to the Document of the Governing Principles of the Rights and freedoms Committee from the national
reconciliation, Article (7) of the Governing principles item.
VIIVII There is a similar text to this paragraph mentioned in the Document of Governed Constitutional Principles of the Rights
and Freedoms Committee in the National Reconciliation, which is Article (3) The sovereign is only by the people who are the
authority source, exercised thorough referendums, and periodic and fair elections, by secret ballot and under a complete
judicial supervision, according to an electoral system guarantees the right to nominate , vote, and fair representation for all
citizens, men and women, without discrimination or exclusion. Any citizen should not be denied from the right to nominate
and elected without a legal document, and for specific period and reasons.
Viii This Article comments on what is stated in "Convention on the Elimination of All Forms of Discrimination against Women"
(CEDAW) , especially Article (4) concerned with the allocation of the share system. As referred to its content in the women's
paper and the women's own constitution in women foundation and memory.
Ix Background paper for the roundtable constitutional rights of women- New Women, May 2011
X Signal was cited in the background paper for the roundtable constitutional rights of women- New Women May 2011
xi The roundtable discussions of the constitutional rights of women – New Women, May 2011.
Xii Women and Constitutional paper- The Women and The Memory Forum.
xiii Background paper for the roundtable constitutional rights of women- New Women, May 2011.
xiv There are a number of signals guaranteed in ElBaradei Document, as well as some articles that focused on the integration
of a new wave of human rights such as the right of Knowledge, circulation of the information, and expressing opinion:
Formulation Models about ElBaradei document for human rights.
Article (8): Every citizen has the right to educate, development of knowledge, scientific research, search for and receive
information and publish it, and participate in the various categories of the cultural life, which includes the freedom right of
choice, expressing opinion in public and private life, exercising of cultural activities and publishing the production of cultural
services, and making use of the media and the various communication ways. Follow also Samir Morcos's essay in Al-Shorouk:
preliminary observations about the constitution proposals.
Xv Background paper for the roundtable constitutional rights of women- New Women, May 2011
Xvi Similar text to the declaration of Principles of Egypt's first conference, with the addition of adoption the minimum wage
.
xvii Roundtable on the constitutional rights of women/ New Women, May 2011. To know further initiatives exposed to the
same point, the document of the People's committee of the Egyptian constitution, " Constitution Revolution " chapter 2,
Basic components of Society, (9) The State guarantees the protection of motherhood and childhood, the women's
compatibility between her duties towards the family and her work in the society, and the State cares for young and
youth…..etc.
Article(11) the public jobs are a right for all citizens and available to them all without distinction or mediation, violating this ,
considered a crime punished by Law.
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Xviii The word (with dignity) was added as a try to draw the attention to the work non-human settings, as cases of
harassment in workplace, for example (!).
Xix Roundtable on the constitutional rights of women/ New Women, May 2011.
Xx Ensure the right of proper nutrition according to the UN decisions, as to ensure the basic human rights starting with the
proper nutrition and health.
Xxii The Roundtable discussions- New Women May 2011.
There is also a provision related to torture in the document of Egypt First Conference, item (1) of Rights and Freedoms:
The right of respecting citizen's dignity (human dignity) and the prohibition of torture and the use of any form of mental or
physical force with it. Promising of obsolescence of the torture crime. The people's committee document also stated the
same idea, chapter IV Article (52) personal punishment, no crime and no punishment except on the basis of the law and no
punishment occur except by a judicial order.
Xxiii Definition of other models, exposed to the personal status in the constitution of the People's committee's document of
the Egyptian Constitution (Revolution Constitution) chapter II- Basic components of the society- Article (8) Family is the
foundation of a society based on social solidarity, and the state ensure " Equal Opportunities" among all citizens.
Xxiv The legislation of the committees' protection by the Law of the child, there have been a numerous references to the
need of its presence in the workshop and other public domain, recently it has been considered in Morocco new constitution.
Xxv Freedom of movement and residence is considered one of the personal rights, exposed by Document of Governed
Constitutional Principles of the Rights and Freedoms Committee in the National Reconciliation, see article (5) of the Rights
and freedoms Item.
Xxvi There is a proposal by the Constitutional Authority related to the Declaration of principles of the Egyptian ConstitutionEgypt First Conference- there is also an article concerning the formation of the founding committee of the constitution
introduced by the document of Governed Principles of the rights and Freedoms of National reconciliation committee –Follow
the previous sources.
Constitution File - New Woman Foundation
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Constitution File - New Woman Foundation