Fighting discrimination

Fighting discrimination in all its form is one of the most important principles approved  by Nations; and discrimination based on gender and sex is one of them, whereas the Egyptian constitutional legislator affirmed to eliminate discrimination as its clearly shown on the provisions of the following articles:

Article 11:

The State ensures the achievement of equality between women and men in all civil, political, economic, social and cultural rights in accordance with the provisions of the Constitution. The State is committed to the protection of women against all forms of violence, and to ensure the empowerment of women to reconcile family duties and work requirements. The State also is committed to provide care and protection of motherhood, childhood and women-headed households and the elderly and women most in need.

Article 53:

Citizens are equal before the law, they are equal in rights and freedoms and duties, without discrimination because of religion, or creed, or gender, origin, race, color, language, or disability, or social status, or political or geographic affiliation, or any other reason. Discrimination and incitement to hatred is a crime punishable by the law. The State is obliged to take the necessary measures to eliminate all forms of discrimination, and the law regulates the establishment of independent commission for this purpose.

Article 80:

Any citizen who did not reach 18 years old, is a child. And every child has the right to a name and identification papers, and free compulsory vaccination, and health care and family or alternative family, and basic nutrition, and safe haven, and religious education, and affection and cognitive development.

The State guarantees the rights of children with disabilities and their rehabilitation and reintegration into society. The sate is committed to the state child welfare and protection of all forms of violence, abuse and ill-treatment and sexual commercial exploitation.

Every child has the right to early education in the childhood Center until the age of six, and prohibits child labor before surpassed the age of completion of basic education, also prohibits the operation in business by being at risk. The state is also committed to create a special legal victims and witnesses system for children. The child may not be held criminally accountable or detained, except in accordance with the law and for the period specified therein.

The state is committed to provide the child with legal assistance, and be held in suitable places and separate from the places of adults detention, and the state works to achieve the best interest of the child in all procedures taken towards the child.

Article 89:

Prohibits all forms of slavery, oppression and forced human beings exploitation, and the sex trade, and other forms of trafficking in human beings, the law criminalizes all this.

Based on the above and in order for the above-mentioned articles of the Constitution to become a law. the Egyptian legislator has issued several legislations which include criminalization of various forms of violence that based on gender or sex and we state the followings:

First, the Egyptian penal code:

The legiselator addressed Sexual Assault crimes in Part four of the third book of the Penal Code under the title (Indecent Assault and Corruption of the Morals) in articles 267 to 279 of the Penal Code. Which include the following crimes: Woman rape, , sexual assault, indecent exposure, adultery, violation of the sanctity of public ethics.

The penalty of rape is life imprisonment or aggravated imprisonment ,unless accompanied by an aggravating circumstance.

The penalty reach to life sentence in the following cases:

1 - If the perpetrator is a blood relative

2 - If the perpetrator of the persons entrusted with her upbringing or guardianship.

3 - If the perpetrator works for the victim or was a servant to any of the aforementioned.

Whereas Article 290 of the same Act aggravated the penalty of rape if it was accombined with abduction.

Second, anti-prostitution law:

The law stipulated in its first Article:

A-    If a man or a woman  is induced to commit lewdness or prostitution through coercion, threat, or deception, the penalty of the perpetrator shall be imprisonment for not less than one year and not exceeding three years.

B-     If the victim of the said crime has not attained complete twenty one years of age, the period of the penalty shall be imprisonment for not less than one year and not exceeding five years.

Third: Child Law

Article 116 bis stipulated the followings:

The minimum penalty decreed for any crime shall be doubled if the crime is committed by an adult against a child, or if it is committed by one of the parents, or by one of the child’s guardians, or by people in charge of supervising or upbringing the child, or by those who have authority over the child, or by a servant to any of the above mentioned.

Fourth: The anti-trafficking law

This law was enacted in 2010 and its provisions conformed to the standards of the International Human Rights Law. A precise definition of the human trafficking's crime has been established  and stated the Irrelevance of the consent of the victim, and the right to compensation and established a fund to help the victims. It also identified the duties borne by the State towards them and established a coordinating committee for combating and preventing trafficking in human beings. Whereas  the law stipulated the deterrent penalties ranging from aggravated imprisonment and life imprisonment.

Fifth: Harassment Law

The anti harassment law issued last year following the increase of the harassment incidents in the Egyptian society. A deterrent penalties to that phenomenon were drafted, Which resulted a noticeable decline in committing those crimes. The law criminate accosting others in a private, public, or frequented place with acts, gestures, or suggestions that are sexual or obscene, verbally, physically or through other non-verbal means or actions, including modern means of communication. the penalties of such acts are ranging from imprisonment from one year to five years.

Egypt has also ratified and joined many international conventions, which are an integral part of the national applicable laws in Egypt, such as:

§  The Slavery Convention of 1926

§  1935  Protocol

§  Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

§  Convention for the Suppression of the Traffic in Persons and of the. Exploitation of the Prostitution of Others (1951)

§  The Convention relating to the Status of Refugees and its Amended Protocol

§  Prevent and suppress and punish trafficking in Persons and protocol especially women and children supplementing the United Nations Convention to Combat Transnational Organized Crime

§  The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

§  The United Nations Convention on the Rights of the Child

§  The International Convention on the Elimination of All Forms of Discrimination against Women

·         Services provided to the victims of those crimes :

1.      Medical Center for recovery at the National Bank Hospital: provides medical and psychological services to improve the physical and mental health of the victims

2.      Regional shelter Center for recovery and re-integration of girls and women: is the first shelter for women and girls Victims in Egypt and aims to rehabilitate the victims and integrate them into society and bring them back to their home countries if they are non-Egyptians

·         Dealing with victims:

Dealing with victims requires special skills by the investigator during the investigation and to provide the necessary protection for victims or witnesses, and this is achieved through several Principles to be followed when dealing with them and they are summarized in the followings:

§  Dealing with the victim in a decent and impartially way and without prejudgments

§  Provide clear and correct information to the victim during the initial investigations

§  Respect the victim's right to privacy

§  Ensure the safety of the victim and her family

§  To provide material, social, legal and medical assistance in a manner prescribed by the law

§  Victim to be treated with respect and to protect her dignity

There are also criminal procedures to be followed:

§  Protecting the victim and her family during the suspect's imprisonment

§  Prompt commencement of the investigation with the victim. And to create a relaxing, friendly ambiance during the investigation and not prolong the investigation's session. It is also possible to offer the victim drinks or Food & to wait for the right time for  him/her to give his/her statement without any pressures and to develop trust between the victim and the investigator

§  Provide financial assistance through the Prime Minister's victims assistance fund

§  Not to refer the victim to the forensic Medicine unless the investigation required that. Taking into consideration to maintain secrecy of the results

§  provide protection and security to the victim during the trial, if necessary...

Translation by Heba Musa