The signed Organizations: the new draft constitution respects human rights, and it is contrary the laws and legislations.

December 18th, 2013 by Editor

The signed organizations reviewed the new draft constitution, which will be put into a referendum on 14th and 15th January 2014, they studied the articles regarding the Human Rights and the public freedoms of the citizens to evaluate the insurance of those rights. And it was shown that the new draft constitution guarantees the public rights and freedoms of the citizens and also acknowledged the women’s rights in all the fields; political, economic, and social.

also the new draft constitution emphasized the economic and social rights of the citizens, the idea of transitional justice, the freedom of the media, and the intellectual property and creativity rights, and at the same time it acknowledged the principle of establishing new state based on the principle of separation and balance of powers; legislative, executive, and judicial power, and that was classified as the following:

 

First: women’s right: the new draft constitution includes 20 articles concerning women, such as Article 11 which states” the state shall ensure the achievement of the equality between women and men in all civil, political ,economic, social , and cultural rights according to the constitution”, Article 13, which states the labor’s rights which is in favor of the working women, Article 17, which states that the state will provide suitable pensions for irregular labor, where the women make up high proportion of such employment, Article 29, which states the development of the countryside and its population raise in their standards of living, which will benefit the women since the women shapes half of the rural population, and Article 53, which is about the discrimination and consider it a punishable crime by law and states a mechanism to monitor the discrimination.

Second: the emphasizing on the fundamental rights and freedoms, which is included in the third section from the article 51 to article 93, and the text for this section:

  • Prohibition of torture: Article 59 “all the forms and manifestations of torture is a crime, which will not drop by the passing of time”, Article 55 which states that anyone got arrested, imprisoned, or detained will be treated in a matter that preserve his dignity, and may not be tortured, Article 61 which states the sanctity of the human body, and any form of assault is a punishable crime by law.
  • The equality before the law, Article 53 states that “the citizens are equal before the law, and they are equal in rights, freedom, and duties without discrimination.
  • The failure to arrest anyone, Article 54 states that” the personal freedom is a natural right, which shall not be touched”.

Third: the civil and political rights: Article 74 states the right of the citizens to form political parties, Article 75 states the right to arrange associations by a notification, Article 76 states the right to form trade unions and federations, Article 87 states the right of political participation, but with a reservation on the Article 204, which stipulate that the civilians may not be referred to military courts unless committing any military crime, so we hope in this point to ban any referral of civilians to military courts.

Fourth: economic and social rights, the draft included in Article 18 the criminalization of refraining from providing treatment in its various forms to any person in life threaten case or emergency, and also the right to have proper education, Article 87 states the right of having proper residence, and Article 79 states the right to have adequate and healthy food.

Fifth: minorities’ rights, the draft recognize and acknowledge the rights of the people in Nuba and Sinai, and the religious minorities especially their right to build worship buildings, that Article 235 states a compulsion of the house of representatives to pass a law regulating the construction and renovation of the churches to ensure the freedom of the Christians to practice their religious rites.

Sixth: the abolition of slavery, servitude, and the forced labor system, that Article 89 states” the prohibition of all forms of slavery, oppression, exploitation, sex trade, and all the other forms of human trafficking by law.

Seventh: labor’s rights, the draft included an emphasis on the labor’s rights; Article 13 states “ the state shall maintain the labor’s rights, work on building working relationships between both sides of the production, ensure the ways of collective bargaining, protect the workers from the working environment’s risks, provide occupational security health and safety, and prohibits the arbitrary dismissal by law”.

Eighth: The children’s’ rights, Article 80, which states the obligation on the state to protect the children from all the forms of violence, abuse, ill-treatment, and sexual and commercial exploitation, ensured the right of each child to have proper and early education in childhood center till the age of six, and prohibits the child labor before completing the basic education, also prohibits the child labor in the risky business.

Ninth: the independence of the judiciary personnel and lawyers, the draft states in Article 186 that the judges are independent, shall not be excluded from their positions, the only authority imposed on them is the rule of law, and equal in rights and duties. Also the article states the immunity of the lawyers in the text “attorney is a respected profession, where the judicial authority contributes in achieving justice, rule of law, and the right in defense, the judicial authority is exercised by independent lawyers as well as corporate bodies, public sector lawyers and general business sector lawyer”, the lawyers also enjoys the right of defending people in front of the courts with a list of guarantees and protection stated in the law, and it is prohibited in case of non-flagrant cases for the lawyers to be arrested or detained.

Tenth: strengthening the role of the National Council for Human Rights, Article 99 stated the strengthening the of the Council by giving it the right to inform the prosecution of any violation of the rights stipulated in the constitution, and also by the right to intervene in a civil lawsuit joining the aggrieved upon the former request.

Eleventh: putting an independent system of the management of the electoral process, Articles 208:210 stated that the National Election Commission will manage the electoral process, to prevent any interference in the work of the administration commission to ensure the integrity of the electoral process.

Twelfth: taking care of people with special needs, Article 81 states the commitment of the state to ensure the rights of the disable citizens and dwarfs; healthy, economically, socially, and culturally, also providing them with suitable jobs, adapting the public utilities and environment for them, ensure their exercise of all the political rights, and integrating them with other citizens in line with the principle of equality, justice, and equal opportunities.

The signed organizations regard the articles relating to the human rights and freedoms came to conform with the international standards for Human Rights, especially with the reference to these covenants and state’s obligations in the draft in Article 93, which states that the state is committed to the agreements, covenants, and instruments of the international Human Rights ratified by Egypt,  which will have the force of law after its publication in accordance with the established procedure, which require the next parliament to reform the legislative system in order to come in line with international covenants and conventions on human rights.

 

The signed Associations and Organizations:

1-      The Children of Earth Foundation for Human Rights.

2-      The Million Center for Human Rights.

3-      Arab Defense Association.

4-      Assembly of Nation and People.

5-      Arab Center for Development and Human Rights.

6-      The Egyptian Association for Awareness and Comprehensive Development.

7-      National Center for Human Rights.

8-      El-Shahid Center for Defending Rights and Advocacy.

9-      The Egyptian Association for developing cities.

10-  January 25th Center for Human Rights.

11-  Ataa El-Khair Association.

12-  Arab Foundation for the Civil-Society support.

13-  Nations Association for Human Rights.

14-  El-Kelma Center for Human Rights.

15-  National Center for supporting NGOs.

16-  The Egyptian Center for Women’s Rights.

17-  El-Tanwir Foundation for Human Rights.

18-  The Egyptian Foundation for Training and Human Rights.

19-  The International Center for the Support of Rights and Freedoms.

20-  Adala Center for Liberties.

21-  El-Kestas protection Associations for Legal and Constitutional Rights.

22-  The Arab Program for Human Rights Activists.

23-  The Arab Center for Human Development.

 

 

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