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Constitution
The Arab Republic of Egypt of 2014
Unofficial translation
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In the Name of Allah, Most Gracious, Most Merciful
This is Our Constitution, Egypt is the gift of the Nile for Egyptians and the gift of Egyptians to humanity.
With its unique location and history, Egypt is the Arab heart of the world. It is the meeting point of world civilizations and cultures and the crossroads of its maritime transportation and communications. It is the head of Africa on the Mediterranean and the estuary of its greatest river: the Nile.
This is Egypt, an immortal homeland for Egyptians, and a message of peace and love to all peoples.
In the outset of history, the dawn of human conscience arose adn shone forth in the hearts of our great ancestors, whose goodwill banded together to found the first central State that regulated and organized the life of Egyptians on the banks of the Nile. It is where they created amazing wonders of civilization, and where their hearts looked up to heavens before earth knew the three Abrahamic religions.
Egypt is the cradle of belief and the banner of glory of the revealed religions.
On its land, Prophet Moses - to whom Allah spoke - grew up and on Mount Sinai, the Revelation of Allah shone on his heart and Divine message descended.
On its land, Egyptians harbored in their bosoms Virgin Mary and her baby and offered thousands of martyrs in defense of the Church of Jesus, Peace Be Upon Him.
When the Seal of the Messengers Mohammad (Peace and Blessings Be Upon Him) was sent to all mankind to perfect the sublime morals, our hearts and minds were opened to the light of Islam, and we, labeled the best soldiers on Earth fighting for the cause of Allah, disseminated the message of truth and sciences of religion across the world.
This is Egypt, a homeland in which we live and in our souls it lives.
In modern age, minds were enlightened, humanity became mature, and nations and peoples progressed on the path of knowledge, raising the banners of freedom and equality. Mohamed Ali founded the modern Egyptian State with a national army as its pillar. Refaa, the Azharian, called for having the homeland "… a place of happiness shared by all its people." We, Egyptians, strived to keep up with the pace of advancement and offered up martyrs and made sacrifices in several uprisings and revolutions until our patriotic army stood up for the overwhelming will of the people in the “Jan 25 – June 30” Revolution that called for freedom, human dignity and social justice for all, and for Egypt to regain its independent will.
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This revolution is continuation of national struggle whose brightest symbols were Ahmed Oraby, Mostafa Kamel, and Mohamed Farid, and is a culmination of two great revolutions in our modern history:
The 1919 revolution that had rid Egypt and the Egyptians of the British protection, established the principle of citizenship and equality for all the people. Its leader, Saad Zaghloul, and his successor, Mosfata El-Nahhas, in adopting democracy asserted that “Right is above power and the nation is above government”. During this revolution, Talaat Harb laid down the cornerstone of the national economy.
The July 23, 1952 revolution led by Gamal Abdel Nasser and embraced by the popular will rendered true the dream of generations for independence and evacuation of foreign forces. Egypt affirmed its Arab allegiance, opened up to its African continent and Muslim world, supported liberation movements across continents, and took firm steps on the path of development and social justice.
This revolution is an extension of the revolutionary march of Egyptian patriotism, and enhances the strong bond between the Egyptian people and their national army that assumed the duty and shouldered the responsibility of protecting the homeland, by virtue of which we achieved victory in our greatest battles including driving off the 1956 Tripartite Aggression to defeating our defeat through the glorious victory of October 1973 that gave President Sadat a special place in our recent history.
Compared to major revolutions in the history of mankind, the Jan 25 – June 30 Revolution is unique with its high density of popular participation - estimated to be in the tens of millions - and the prominent role of youth aspiring at a brighter future. It is also unique in that the masses transcended class and ideology divides to reach out to more expansive horizons, the people’s will was defended by their army, and that it had the blessings of Al-Azhar and the Egyptian church.
This Revolution is further unique because of its peacefulness and ambition to achieve freedom and social justice combined.
This revolution is both a sign and a good omen; a sign of a past that is still present and a good omen of a future at which all humanity aspires.
The world is about to turn the last few leaves of this era that has been torn up by conflicts of interest between the East and the West, and the North and the South; an era where disputes and wars erupted between classes and peoples, where dangers grew threatening the existence of mankind and life on Earth which Allah entrusted us to preserve. As humanity hopes to move from the age of maturity to the age of wisdom to build a new world where truth and justice prevail, and where freedoms and human rights are protected, we, Egyptians, believe that our revolution is a resumption of our contribution to drafting a new history for humanity.
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We believe that we are capable of using the past as an inspiration, stirring up the present, and making our way to the future. We are capable of raising this homeland and rising with it.
We believe that every citizen is entitled to live in this homeland safe and secure, and that every citizen has the right to live at present and in the future.
We believe in democracy as a path, a future, and mode of living, political pluralism and the peaceful rotation of power. We affirm the right of the people to make and determine their future.
The Egyptian people, is the sole source of authority. Freedom, human dignity, and social justice are the rights of every citizen. We and our future generations are masters in a sovereign homeland that is master of its destiny.
We are now drafting a Constitution that embodies the dream of generations for a prosperous consolidated society and a just State that realizes the present and future ambitions for the individual and the community.
We are now drafting a Constitution that seeks the completion of building a modern democratic State having a civil government.
We are drafting a Constitution that prevents any corruption or tyranny and by which we heal the wounds of the past, from the days of the old Eloquent Peasant to the victims of negligence and the martyrs of the revolution in our present time, and relieve our people who have – for long – been suffering injustice.
We are drafting a Constitution that affirms that the principles of Islamic Sharia are the principal source of legislation, and that the reference for the interpretation of such principles lies in the body of the relevant Supreme Constitutional Court Rulings.1
We are drafting a Constitution that paves the way to the future for us, and which is consistent with the Universal Declaration of Human Rights which we participated in drafting and adopted..
We are drafting a Constitution that maintains our freedom and protects our nation against any peril that threatens it or our national unity.
We are drafting a Constitution that holds all of us equal in rights and duties without discrimination of any kind.
We the citizens, women and men, the Egyptian people, sovereigns in a sovereign homeland, this is the manifestation of our volition, this is the Constitution of our revolution.
This is our Constitution.
1 The rulings are to be deposited in the minutes.
6 Part I The State Article (1)
The Arab Republic of Egypt is a sovereign, united, indivisible State, where no part may be given up, having a democratic republican system that is based on citizenship and rule of law.
The Egyptian people are part of the Arab nation seeking to enhance its integration and unity.
Egypt is part of the Islamic world, belongs to the African continent, cherishes its Asian dimension, and contributes to building human civilization.
Article (2)
Islam is the religion of the State and Arabic is its official language. The principles of Islamic Sharia are the main source of legislation.
Article (3)
The principles of Christian and Jewish Sharia of Egyptian Christians and Jews are the main source of legislations that regulate their respective personal status, religious affairs, and selection of spiritual leaders.
Article (4)
Sovereignty belongs only to the people, who shall exercise and protect it. The people are the source of powers, and safeguard their national unity that is based on the principles of equality, justice and equal opportunities among all citizens, as stated in the Constitution.
Article (5)
The political system is based on political and partisan pluralism, peaceful rotation of power, separation and balance of powers, the inevitable correlation between powers and responsibilities, and respect for human rights and freedoms, as stated in the Constitution.
Article (6)
Nationality is a right to anyone born to an Egyptian father or an Egyptian mother, and legal recognition through official papers proving his/her personal data, is a right guaranteed and regulated by Law.
Requirements for acquiring nationality shall be specified by law.
7 Part II
Basic Components of the Society Chapter One
Social Components Article (7)
Al-Azhar is an independent Islamic scientific institution, with exclusive competence over its own affairs. It is the main reference for religious sciences and Islamic affairs. It is responsible for calling to Islam, as well as, disseminating religious sciences and the Arabic language in Egypt and all over the world.
The State shall provide sufficient financial allocations thereto so that it can achieve its purposes.
Al-Azhar’s Grand Sheikh is independent and may not be dismissed. The Law shall regulate the method of appointing the Grand Sheikh from amongst the members of Council of Senior Scholars.
Article (8) Society is based on social solidarity.
The State shall achieve social justice and provide the means to achieve social interdependence, in order to ensure a decent life for all citizens, as regulated by Law.
Article (9)
The State shall ensure equal opportunities for all citizens without discrimination.
Article (10)
The family is the nucleus of society, and is founded on religion, morality, and patriotism. The State shall ensure its cohesion, stability and the establishment of its values.
Article (11)
The State shall ensure the achievement of equality between women and men in all civil, political, economic, social, and cultural rights in accordance with the provisions of this Constitution.
The State shall take the necessary measures to ensure the appropriate representation of women in the houses of representatives, as specified by Law. The State shall also guarantee women’s right
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of holding public and senior management offices in the State and their appointment in judicial bodies and authorities without discrimination.
The State shall protect women against all forms of violence and ensure enabling women to strike a balance between family duties and work requirements.
The State shall provide care to and protection of motherhood and childhood, female heads of families, and elderly and neediest women.
Article (12)
Work is a right, duty and honor guaranteed by the State. No citizen may be forced to work except as required by Law and for the purpose of performing a public service for a fixed period in return for a fair consideration, and without prejudice to the basic rights of those obliged to carry out such work.
Article (13)
The State shall protect workers' rights and strive to build balanced work relationships between both parties to the production process. It shall ensure means for collective negotiations, protect workers against work risks, guarantee the fulfillment of the requirements of security, safety and occupational health, and prohibit unfair dismissal, all as regulated by Law.
Article (14)
Public offices are a competence-based right for all citizens without bias or favoritism, and are deemed a mandate to serve the people. The State shall ensure the rights and protection of public servants and that they perform their respective duties in serving the interests of the people. They may not be dismissed without disciplinary procedures except in the cases specified by Law.
Article (15) Peaceful strike is a right regulated by Law.
Article (16)
The State shall honor the martyrs of the nation; shall care for revolution-wounded persons, veterans and wounded warriors, families of those missing in war and its equivalents, and persons wounded in security operations, as well as their wives, children and parents; and shall strive to provide all of them with job opportunities, all as regulated by Law.
The State shall encourage the participation of the civil society organizations in achieving those objectives.
9 Article (17)
The State shall ensure that social insurance services are provided.
All citizens who do not benefit from the social insurance system have the right to social security, in a manner that ensures a decent life in the event of being incapable to provide for themselves and their families, as well as in cases of incapacity to work, old age or unemployment.
In accordance with Law, the State shall strive to provide suitable pensions to small farmers, agricultural workers and fishermen, and irregular labor.
The funds of social insurance and pensions are deemed private funds that enjoy all aspects and forms of protection afforded to public funds. Those funds along with their returns are the rights of their respective beneficiaries; they shall be safely invested, and shall be managed by an independent entity in accordance with the Law.
The State shall guarantee social insurance and pension funds.
Article (18)
Every citizen has the right to health and to comprehensive health care which complies with quality standards. The State shall maintain and support public health facilities that provide health services to the people, and shall enhance their efficiency and their equitable geographical distribution.
The State shall allocate a percentage of government spending to health equivalent to at least 3%
of Gross National Product (GNP), which shall gradually increase to comply with international standards.
The State shall establish a comprehensive health insurance system covering all diseases for all Egyptians; and the Law shall regulate citizens' contribution to or exemption from its subscriptions based on their income rates.
Refusing to provide any form of medical treatment to any human in emergency or life- threatening situations is a crime.
The State shall improve the conditions of physicians, nursing staff, and health sector workers.
All health facilities as well as health-related products, materials and means of advertisement shall be subject to State control. The State shall encourage the participation of private and non- governmental sectors in providing health care services according to the Law.
Article (19)
Every citizen has the right to education. The goals of education are to build the Egyptian character, preserve the national identity, root the scientific method of thinking, develop talents
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and promote innovation, establish cultural and spiritual values, and found the concepts of citizenship, tolerance and non-discrimination. The State shall observe the goals of education in the educational curricula and methods, and provide education in accordance with international quality standards.
Education is compulsory until the end of the secondary stage or its equivalent. The State shall provide free education in the various stages in the State's educational institutions according to the Law.
The State shall allocate a percentage of government spending to education equivalent to at least 4% of the Gross National Product (GNP), which shall gradually increase to comply with international standards.
The State shall supervise education to ensure that all public and private schools and institutes abide by its educational policies.
Article (20)
The State shall encourage and develop technical and technological education as well as vocational training, and expand all their types in accordance with international quality standards and in accordance with labor market needs.
Article (21)
The State shall guarantee the independence of universities and scientific and linguistic academies, and provide university education in accordance with international quality standards.
It shall develop and ensure free provision of, university education in State universities and institutes according to the Law.
The State shall allocate a percentage of government spending to university education equivalent to at least 2% of the Gross National Product (GNP), which shall gradually increase to comply with international standards.
The State shall encourage the establishment of non-profit, non-governmental universities. The State shall guarantee the quality of education in private and non-governmental universities, ensure that they comply with international quality standards and the = build their own faculty members and researchers, and allocate a sufficient percentage of their returns to educational and research development.
Article (22)
Teachers, and faculty members and their assistants, are the main pillars of education. The State shall guarantee the development of their academic competencies and professional skills and shall care for their financial and moral rights in order to ensure the quality of education and achieve its goals.
11 Article (23)
The State shall ensure freedom of scientific research and encourage scientific research institutions as a mean to achieve national sovereignty and build a knowledge economy. The State shall sponsor researchers and inventors and allocate a percentage of government spending to scientific research equivalent to at least 1% of the Gross National Product (GNP), which shall gradually increase to comply with international standards.
The State shall ensure effective means of contribution by private and non-governmental sectors and the participation of Egyptian expatriates in the progress of scientific research.
Article (24)
Arabic Language, Religious Education and National History, in all its stages, are core subjects in public and private pre-university education. Universities shall teach human rights and professional values and ethics of the various academic disciplines.
Article (25)
The State shall develop a comprehensive plan to eradicate alphabetical and digital illiteracy among citizens of all ages. The State shall develop its implementation mechanisms with the participation of civil society organizations within a definite timeline.
Article (26) The creation of civil titles is prohibited.
Chapter Two Economic Components
Article (27)
The economic system aims at achieving prosperity through sustainable development and social justice so as to raise the real growth rate of the national economy and the standard of living, increase job opportunities, reduce unemployment rates and eliminate poverty.
The economic system shall adhere to transparency and good governance standards; enhance pillars of competitiveness, encourage investment, ensure balanced geographical, sectorial, and environmental growth, prohibit monopolistic practices, maintain financial and trade balances and a fair tax system, in the context of a regulated economy guaranteeing the various types of ownership and striking a balance between the interests of various stakeholders preserving the rights of workers and protecting consumers.
From a social perspective, the economic system shall ensure equal opportunities and fair distribution of development returns, reduce the differences among incomes and adhere to a
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minimum wage and pension ensuring a decent life, as well as a maximum one in State agencies for every salaried employee according to the Law.
Article (28)
The productive, service and information related economic activities are key components of the economy. The State shall protect them and strive to increase their competiveness; provide investment-attracting environment, increase productivity, encourage exports, and regulate imports.
The State shall pay special attention to small, medium and micro enterprises in all fields, and shall regulate and rehabilitate the informal sector.
Article (29) Agriculture is a basic component of the economy.
The State shall protect and expand agricultural land, and shall criminalize encroachments thereon. It shall develop rural areas; raise the standard of living of their population and protect them from environmental risks; and shall strive to on develop agricultural and animal production and encourage industries based thereon.
The State shall provide agricultural and animal production requirements, and shall buy basic agricultural crops at suitable prices generating profit margins for farmers in agreement with agricultural unions, syndicates and associations. The State shall also allocate a percentage of reclaimed lands to small farmers and youth graduates, and protect farmers and agricultural workers against exploitation. All the foregoing shall be as regulated by Law.
Article (30)
The State shall protect fish resources, as well as protect and support fishermen and empower them to carry out their work without jeopardizing ecosystems, as regulated by Law.
Article (31)
The security of cyberspace is an integral part of the economic system and national security. The State shall take the necessary measures to preserve it as regulated by Law.
Article (32)
The State's natural resources belong to the people. The State shall preserve and effectively exploit them, may not deplete them, and shall observe the rights of future generations to them.
The State shall make the best use of renewable energy sources, motivate investment therein, and encourage relevant scientific research. The State shall encourage the manufacture of raw materials and increase their added value as per economic feasibility.
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Disposing of State’s public properties is prohibited. Granting the right of exploitation of natural resources or public utility concessions shall be by virtue of a law for a period not exceeding thirty (30) years.
Granting the right of exploitation of quarries, small mines and slatterns, or granting public utility concession shall be based on a law for a period not exceeding fifteen (15) years.
The Law shall define provisions of disposing of the State's private properties as well as the regulating rules and procedures.
Article (33)
The State shall protect ownership with its three types: the public, the private and the cooperative.
Article (34)
Public properties are inviolable and may not be infringed upon. Protection thereof is a duty according to the Law.
Article (35)
Private properties shall be protected, and the right to inheritance thereto is secured. It is not permissible to impose guardianship thereon except in the cases defined by Law and by virtue of a court judgment. Expropriation shall be allowed only in the public interest and for its benefit, and against fair compensation to be paid in advance according to the Law.
Article (36)
The State shall motivate the private sector to undertake its social responsibility in serving the economy and society.
Article (37)
Cooperative ownership shall be protected. The State shall give due care to cooperatives, and the Law shall guarantee their protection, support and independence.
It is prohibited to dissolve cooperatives or their board of directors except by virtue of a court judgment.
Article (38)
The tax system, as well as other public liabilities, aim at developing State resources and achieving social justice and economic development.
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Public taxes may not be created, altered, or cancelled except by a law; and exemption therefrom may only be made in the cases defined by the law. No person may be required to pay other taxes or fees except as provided for in the Law.
Multi sources shall be observed in imposing taxes. Progressive multi bracket taxes shall be imposed on incomes of individuals according to their respective financial capabilities. Taxation system shall ensure promoting labor-intensive economic activities and motivating their role in the economic, social and cultural development.
The State shall improve the taxation system and develop modern systems that guarantee efficiency, easiness and control in tax collection. The Law shall define the methods and tools of collecting taxes, charges and any other sovereign proceeds, and amounts thereof to be deposited into the State public treasury.
Tax payment is a duty and tax evasion is a crime.
Article (39)
Saving is a national duty protected and encouraged by the State that shall guarantee savings, as regulated by the law.
Article (40) General confiscation of properties is prohibited.
Specific confiscation is impermissible except by virtue of a court judgment.
Article (41)
The State shall implement a population program aiming at striking a balance between population growth rates and available resources; and shall maximize investments in human resources and improve their characteristics in the framework of achieving sustainable development.
Article (42)
Workers shall have a share in the management and profits of enterprises according to the law, and shall develop production and implement the respective plans of their productive units.
Preserving production tools is a national duty.
Workers shall be represented by 50% of the elected members of the boards of directors of public sector units. Their representation in the boards of directors of public enterprise sector companies shall be subject to the Law.
The Law shall regulate the representation of small farmers and craftsmen with a minimum representation percentage of 80% in the boards of directors of agricultural, industrial and handicraft cooperatives.
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The State shall protect and develop the Suez Canal and preserve it as an international waterway owned by the State. The State shall also develop the Canal sector as a distinguished economic center.
Article (44)
The State shall protect the River Nile, preserve Egypt's historical rights thereto, rationalize and maximize its use, and refrain from wasting or polluting its water. The State shall also protect groundwater; adopt necessary means for ensuring water security; and support scientific research in that regard.
Every citizen is guaranteed the right to enjoy the River Nile. It is prohibited to trespass the riverbank reserve or harm the riverine environment. The State shall guarantee eliminating any trespass against the River Nile as regulated by Law.
Article (45)
The State shall protect its seas, shores, lakes, waterways and natural protectorates.
Trespassing, polluting or misusing any of them is prohibited. Every citizen is guaranteed the right of enjoying them. The State shall protect and develop the green space in the urban areas;
preserve plant, animal and fish resources and protect those under the threat of extinction or danger; guarantee humane treatment of animals, all according to the law.
Article (46)
Every person has the right to a sound healthy environment. Environment protection is a national duty. The State shall take necessary measures to protect and ensure not to harm the environment;
ensure a rational use of natural resources so as to achieve sustainable development; and guarantee the right of future generations thereto.
Chapter Three Cultural Components
Article (47)
The State shall maintain the Egyptian cultural identity with its diversified branches of civilization.
Article (48)
Culture is a right to every citizen. The State shall secure and support this right and make available all types of cultural materials to all strata of the people, without any discrimination
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based on financial capability, geographic location or others. The State shall give special attention to remote areas and the neediest groups.
The State shall encourage translation from and into Arabic.
Article (49)
The State shall protect and preserve monuments and give due care to monumental sites. It shall also maintain and restore them; recover stolen antiquities; and organize and supervise excavation operations.
Presenting monuments as gifts or exchanging them is prohibited.
Aggression against or trafficking in monuments is a crime that is not subject to prescription.
Article (50)
Egypt's civilization and cultural heritage, whether physical or moral, including all diversities and principal milestones – namely Ancient Egyptian, Coptic, and Islamic – is a national and human wealth. The State shall preserve and maintain this heritage as well as the contemporary cultural wealth, whether architectural, literary or artistic, with all diversities. Aggression against any of the foregoing is a crime punished by Law. The State shall pay special attention to protecting components of cultural pluralism in Egypt.
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Public Rights, Freedoms & Duties Article (51)
Dignity is the right of every human being and may not be violated. The State shall respect and protect human dignity.
Article (52)
Torture in all forms and types is a crime that is not subject to prescription.
Article (53)
All citizens are equal before the Law. They are equal in rights, freedoms and general duties, without discrimination based on religion, belief, sex, origin, race, color, language, disability, social class, political or geographic affiliation or any other reason.
Discrimination and incitement of hatred is a crime punished by Law.
The State shall take necessary measures for eliminating all forms of discrimination, and the Law shall regulate creating an independent commission for this purpose.
Article (54)
Personal freedom is a natural right, shall be protected and may not be infringed upon. Except for the case of being caught in flagrante delicto, it is not permissible to arrest, search, detain, or restrict the freedom of anyone in any way except by virtue of a reasoned judicial order that was required in the context of an investigation.
Every person whose freedom is restricted shall be immediately notified of the reasons therefore;
shall be informed of his/her rights in writing; shall be immediately enabled to contact his/her relatives and lawyer; and shall be brought before the investigation authority within twenty four (24) hours as of the time of restricting his/her freedom.
Investigation may not start with the person unless his/her lawyer is present. A lawyer shall be seconded for persons who do not have one. Necessary assistance shall be rendered to people with disability according to procedures prescribed by Law.
Every person whose freedom is restricted, as well as others, shall have the right to file grievance before the court against this action. A decision shall be made on such grievance within one (1) week as of the date of action; otherwise, the person must be immediately released.
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The Law shall regulate the provisions, duration, and causes of temporary detention, as well as the cases in which damages are due on the state to compensate a person for such temporary detention or for serving punishment thereafter cancelled pursuant to a final judgment reversing the judgment by virtue of which such punishment was imposed.
In all events, it is not permissible to present an accused for trial in crimes that may be punishable by imprisonment unless a lawyer is present by virtue of a power of attorney from the accused or by secondment by the court.
Article (55)
Every person who is either arrested, detained, or his freedom is restricted shall be treated in a manner that maintains his dignity. He/she may not be tortured, intimidated, coerced, or physically or morally harmed; and may not be seized or detained except in places designated for that purpose, which shall be adequate on human and health levels. The State shall cater for the needs of people with disability.
Violating any of the aforementioned is a crime punished by Law.
An accused has the right to remain silent. Every statement proved to be made by a detainee under any of the foregoing actions, or threat thereof, shall be disregarded and not be relied upon.
Article (56) A prison is a place of correction and rehabilitation.
Prisons and places of detention shall be subject to judiciary supervision, where actions inconsistent with human dignity or which endanger human health shall be prohibited.
The Law shall regulate the provisions of reform and rehabilitation of convicted persons and facilitating decent lives after their release.
Article (57)
The right to privacy may not be violated, shall be protected and may not be infringed upon..
Postal, telegraphic and electronic correspondences, telephone calls, and other means of communication are inviolable, and their confidentiality is guaranteed. They may not be confiscated, revealed or monitored except by virtue of a reasoned judicial order, for a definite period, and only in the cases defined by Law.
The State shall protect citizens' right to use all forms of public means of communications.
Interrupting or disconnecting them, or depriving the citizens from using them, arbitrarily, is impermissible. This shall be regulated by Law.
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Privacy of homes is inviolable. Except for cases of danger or call for help, homes may not be entered, inspected, monitored or eavesdropped except by a reasoned judicial warrant specifying the place, the time and the purpose thereof. This is to be applied only in the cases and in the manner prescribed by Law. Upon entering or inspection, the residents of houses must be apprised and have access to the warrant issued in this regard.
Article (59)
Everyone has the right to a safe life. The State shall provide security and reassurance for its citizens and all those residing in its territory.
Article (60)
The human body is inviolable and any assault, deformation or mutilation committed against it shall be a crime punishable by Law. Organs trade shall be prohibited, and it is not permissible to perform any medical or scientific experiment thereon without a certified free consent according to established principles in medical sciences and as regulated by Law.
Article (61)
Tissue and organ donation is a gift for life. Every person shall have the right to donate his body organs either during his lifetime or after his death by virtue of consent or a certified will. The State shall develop a mechanism regulating the rules of organ donation and transplantation in accordance with the Law.
Article (62)
Freedom of movement, residence and emigration shall be guaranteed.
No citizen may be expelled from the State territory or prevented from returning thereto.
No citizen may be prevented from leaving the State territory, placed under house arrest or prevented from residing in a certain place except by a reasoned judicial order for a specified period of time and in the cases as defined by the Law.
Article (63)
All forms and types of arbitrary forced displacement of citizens shall be prohibited and shall be a crime that does not lapse by prescription.
20 Article (64) Freedom of belief is absolute.
The freedom of practicing religious rituals and establishing worship places for the followers of Abrahamic religions is a right regulated by Law.
Article (65) Freedom of thought and opinion is guaranteed.
Every person shall have the right to express his/her opinion verbally, in writing, through imagery, or by any other means of expression and publication.
Article (66)
Freedom of scientific research is guaranteed. The State is committed to sponsor researchers and inventors and to provide protection for and endeavor to apply their innovations.
Article (67)
Freedom of artistic and literary creativity is guaranteed. The State shall encourage arts and literature, sponsor creative artists and writers and protect their productions, and provide the means necessary for achieving this end.
No lawsuit may be initiated or filed to stop or confiscate any artistic, literary, or intellectual works, or against their creators except by the Public Prosecutor. No freedom restricting sanction may be inflicted for crimes committed because of the publicity of artistic, literary or intellectual product. As for crimes related to the incitement of violence, discrimination between citizens, or impingement of individual honor, the Law shall specify the penalties therefore.
In such cases, the court may obligate the sentenced to pay punitive compensation to the victim of the crime, in addition to the original compensations due to the victim for the damages incurred.
All the foregoing shall be in accordance with the Law.
Article (68)
Information, data, statistics and official documents are the property of the People and the disclosure thereof from their various sources is a right guaranteed by the State for all citizens.
The State is committed to provide and make them available to citizens in a transparent manner.
The Law shall regulate the rules for obtaining them and terms for their availability and confidentiality; the rules for their deposit and storage; and the rules for and filing complaints against the refusal to provide them. The Law shall also impose penalties for withholding information or deliberately providing wrong information.
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The State institutions shall deposit official documents with the National Library and Archives once they are no longer in use. The State institutions shall also protect, and secure such documents against loss or damage, as well as restoring and digitizing them using all modern means and instruments according to the Law.
Article (69)
The State shall protect all types of intellectual property rights in all fields, and establish a specialized agency to uphold such rights and their legal protection as regulated by Law.
Article (70)
Freedom of the press, printing and paper, visual, audio and electronic publication is guaranteed.
Every Egyptian - whether being natural or legal, public or private person – shall have the right to own and issue newspapers and establish visual, audio and digital media outlets.
Newspapers may be issued once notification is given as regulated by Law. The Law shall regulate the procedures of establishing and owning visual and radio broadcast stations and online newspapers.
Article (71)
It is prohibited to censor, confiscate, suspend or shut down Egyptian newspapers and media outlets in any way. By way of exception, they may be subject to limited censorship in times of war or general mobilization.
No freedom restricting penalty shall be imposed for publication or publicity crimes. As for crimes related to the incitement of violence, discrimination between citizens, or impingement of individual honor, the Law shall stipulate the penalties therefor.
Article (72)
The State shall ensure the independence of all State-owned press institutions and media outlets, in a manner ensuring their neutrality and presentation of all political and intellectual opinions and trends as well as social interests and also guaranteeing equality and equal opportunities in addressing public opinion.
Article (73)
Citizens shall have the right to organize public meetings, marches, demonstrations and all forms of peaceful protests, without carrying arms of any kind, by serving a notification as regulated by Law.
The right to peaceful and private assembly is guaranteed without need for prior notification.
Security forces may not attend, monitor or eavesdrop on such meetings.
22 Article (74)
All citizens shall have the right to form political parties by notification as regulated by Law. No political activity may be practiced and no political parties may be formed on the basis of religion or discrimination based on sex, or origin, or on sectarian basis or geographic location. No activity that is hostile to democratic principles, secretive, or of military or quasi-military nature may be practiced.
Political parties may not be dissolved except by virtue of a court judgment.
Article (75)
All citizens shall have the right to form non-governmental associations and foundations on democratic basis, which shall acquire legal personality upon notification.
Such associations and foundations shall have the right to practice their activities freely, and administrative agencies may not interfere in their affairs or dissolve them, or dissolve their boards of directors or boards of trustees save by a court judgment.
The establishment or continuation of non-governmental associations and foundations, whose statutes or activities are secretive or conducted in secret or which are of military or quasi-military nature is prohibited as regulated by Law.
Article (76)
The establishment of syndicates and federations on democratic basis is a right guaranteed by Law. Syndicates and federations shall acquire legal personality, shall have the right to practice their activities freely, shall improve the level of efficiency among their members and defend their rights and interests.
The State shall guarantee the independence of all syndicates and federations and their boards of directors may only be dissolved by a court judgment.
No syndicate or federation may be established in the military or police agencies.
Article (77)
The Law shall regulate the establishment of professional syndicates and the administration thereof on a democratic basis, shall guarantee their independence and shall specify their resources and the manner of recording their members, and holding them accountable for their conduct in practicing their professional activities according to the codes of ethics and professional conduct.
No profession may have more than one syndicate for the regulation of its affairs. Receivership may not be imposed on any syndicate. Administrative bodies may not interfere in the affairs
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thereof. The board of directors of any syndicate may not be dissolved save by a court judgment.
The opinion of the syndicate shall be sought on draft legislations pertaining to it.
Article (78)
The State shall ensure the citizens' right to adequate, safe and healthy housing in a manner which preserves human dignity and achieves social justice.
The State shall devise a national housing plan which upholds the environmental particularity and ensures the contribution of personal and collaborative initiatives in its implementation. The State shall also regulate the use of State lands and provide them with basic utilities within the framework of comprehensive urban planning which serves cities and villages and a population distribution strategy. This is to be applied in a manner serving the public interest, improving the quality of life for citizens and safeguards the rights of future generations.
The State shall also devise a comprehensive national plan to address the problem of unplanned slums, which includes re-planning, provision of infrastructure and utilities, and improvement of the quality of life and public health. In addition, the State shall guarantee the provision of resources necessary for implementing such plan within a specified period of time.
Article (79)
Each citizen has the right to healthy and sufficient food and clean water. The State shall ensure food resources to all citizens. The State shall also ensure sustainable food sovereignty and maintain agricultural biological diversity and types of local plants in order to safeguard the rights of future generations.
Article (80)
Anyone under the age of 18 shall be considered a child. Each child shall have the right to a name, identity documents, free compulsory vaccination, health and family or alternative care, basic nutrition, safe shelter, religious education, and emotional and cognitive development.
The State shall ensure the rights of children with disabilities, their rehabilitation and their integration in the society.
The State shall provide children with care and protection from all forms of violence, abuse, mistreatment and commercial and sexual exploitation.
Every child shall be entitled to acquire early education in a childhood center until the age of six.
It is prohibited to employ children before the age of completing their preparatory education (six years of primary and three years of preparatory) or in jobs which subject them to danger.
The State shall also develop a judicial system for children that have been victims and or are witnesses. Children may not be held criminally accountable or detained save as provided in the
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Law and for the period of time specified therein. In such a case, they shall be provided with legal assistance and detained in appropriate locations separate from those allocated for the detention of adults.
The State shall endeavor to achieve the best interest of children in all measures taken against them.
Article (81)
The State shall guarantee the health, economic, social, cultural, entertainment, sporting and educational rights of persons with disabilities and dwarves, strive to provide them with job opportunities, allocate a percentage of job opportunities to them, and adapt public facilities and their surrounding environment to their special needs. The State shall also ensure their exercise of all political rights and integration with other citizens in compliance with the principles of equality, justice and equal opportunities.
Article (82)
The State shall guarantee the provision of care to the youth and youngsters shall endeavour to discover their talents; develop their cultural, scientific, psychological, physical and creative abilities, encourage their engagement in group and volunteer activities and enable them to participate in public life.
Article (83)
The State shall guarantee the health, economic, social, cultural and entertainment rights of the elderly people, provide them with appropriate pensions which ensure a decent life for them, and enable them to participate in public life. In its planning of public facilities, the State shall take into account the needs of the elderly. The State shall encourage civil society organizations to participate in taking care of the elderly people.
All the foregoing is to be applied as regulated by Law.
Article (84)
Everyone has the right to exercise sports. The State institutions and civil society shall endeavor to discover and sponsor the talented athletes and take the necessary measures to encourage the exercise of sports.
The Law shall regulate the affairs of sports and non-governmental sporting agencies in accordance with international standards and shall regulate the manner of settling sporting disputes.
25 Article (85)
Every individual shall have the right to address public authorities in writing and under his own signature. Public authorities may not be addressed in the name of any groups except for any entity having a legal personality e.
Article (86)
Protecting national security is a duty. The responsibility of all parties to uphold national security is guaranteed by the Law.. . Defending the nation and the protection of its land are an honor and a sacred duty. Military service is mandatory according to the Law.
Article (87)
Participation of citizens in the public life is a national duty. Every citizen shall have the right to vote, run for elections, and express his/her opinion in referendums. The Law shall regulate the exercise of these rights. There may be exemption from the performance of this duty in certain cases to be specified by Law.
The State shall be responsible for entering the name of each citizen in the voters database without request therefrom provided he/she satisfies the conditions for voting. The State shall also purge this database on a periodic basis in pursuance of the Law. The State shall guarantee the safety, neutrality and integrity of referendum and election procedures. It is prohibited to use public funds, government agencies, public facilities, worship places, business sector institutions and non-governmental organizations and institutions for political purposes or election publicity.
Article (88)
The State shall safeguard the interests of Egyptians living abroad, protect them and protect their rights and freedoms, enable them to perform their public duties towards the State and society, and encourage their contribution to the development of the nation.
The Law shall regulate the participation of Egyptians living abroad in elections and referendums in a manner consistent with their particular circumstances, without being restricted by the provisions of voting, counting of ballots and announcing of results, set forth in this Constitution.
This is without prejudice to providing guarantees to ensure the integrity and neutrality of the election and referendum process.
Article (89)
All forms of slavery, oppression, forced exploitation of human beings, sex trade, and other forms of human trafficking are prohibited and criminalized by Law.
26 Article (90)
The State shall encourage the charitable endowment system for the establishing and sponsoring of scientific, cultural, health, social institutions and others, and shall ensure the independence thereof. The affairs of such institutions shall be managed in accordance with the conditions set by the person who created the endowment, as regulated by Law.
Article (91)
The State may grant political asylum to any foreigner persecuted for defending the interests of people, human rights, peace or justice.
Extradition of political refugees is prohibited. All of the foregoing shall be according to the Law.
Article (92)
Inalienable rights and freedoms of citizens may not be suspended or reduced.
No law regulating the exercise of rights and freedoms may restrict such rights and freedoms in a manner prejudicing the substance and the essence thereof.
Article (93)
The State shall be bound by the international human rights agreements, covenants and conventions ratified by Egypt, and which shall have the force of law after publication in accordance with the prescribed conditions.
27 Part IV Rule of Law
Article (94) The rule of law shall be the basis of governing in the State.
The State shall be governed by Law. The independence, immunity and impartiality of the judiciary are essential guarantees for the protection of rights and freedoms.
Article (95)
Penalties are personal. There shall be no crime or punishment except pursuant to a law, and a penalty may only be inflicted by a court judgment. Penalty shall only be imposed for acts committed after the effective date of the law imposing it.
Article (96)
The accused person is presumed innocent until proven guilty in a fair legal trial in which the right to defend himself is guaranteed.
The law shall regulate the appeal of judgments passed on felonies.
The State shall provide protection to victims, witnesses, accused and informants as necessary and in accordance with the Law.
Article (97)
Litigation is a right that is safeguarded and an inalienable right for all. The State shall guarantee the accessibility of judicature for litigants and rapid adjudication on cases. It is prohibited to immunize any administrative act or decision from judicial review. No person may be tried except before the ordinary judge. Exceptional courts are prohibited.
Article (98)
The right of defense either in person or by proxy is guaranteed. The independence of the legal profession and the protection of its rights is a guarantee for the right of defense.
The law shall provide all means by which those who are financially unable can resort to justice and defend their rights.
28 Article (99)
Any violation of personal freedom, or the sanctity of the private life of citizens, or any other public rights and freedoms which are guaranteed by the Constitution and the Law is a crime. The criminal and civil lawsuit arising of such crime shall not abate by prescription. The affected party shall have the right to bring a direct criminal action.
The State shall guarantee fair compensation for the victims of such violations. The National Council for Human Rights may file a complaint with the Public Prosecution of any violation of these rights, and it may intervene in the civil lawsuit in favor of the affected party at its request.
All of the foregoing is to be applied in the manner set forth by Law.
Article (100)
Court judgments shall be issued and enforced in the name of the People. The State shall guarantee the means of the enforcement thereof as regulated by Law. Refraining from or delay in the enforcement of such judgments by the competent public servants is a crime punishable by Law. In such a case, the party in favor of whom the judgment is passed shall have the right to bring a direct criminal action before the competent court.. The Public Prosecution shall, at the request of the party in favor of whom the judgment is passed, initiate criminal action against the public servant refraining from executing the judgment or interrupting such execution.
29 Part V
The System of Government Chapter One
The Legislative Power (House of Representatives)
Article (101)
In the manner stated in the Constitution, the House of Representatives is entrusted with the authority to enact legislations and approve the general policy of the State, the general plan of economic and social development and the State budget. It exercises oversight over the actions of the executive power.
Article (102)
The House of Representatives is composed of no less than four hundred and fifty members elected by direct secret public ballot.
A candidate for the membership of the House must be an Egyptian citizen, enjoying civil and political rights, a holder of at least the certificate of basic education, and should not be below 25 Gregorian years of age on the day of opening candidacy registration.
Other candidacy requirements, the electoral system, and division of electoral constituencies shall be defined by law in a manner which observes fair representation of the population and governorates and equitable representation of voters. Elections based on the plurality voting system or proportional list, or a combination of both at whatsoever ratio may be adopted.
The President of the Republic may appoint no greater than 5% of the members, the method of nomination thereof shall be stipulated by Law.
Article (103)
A member of the House of Representatives shall devote him/herself on a full time basis for the tasks of membership and his/her post shall be reserved for him/her in accordance with the Law.
Article (104)
As a condition for undertaking his/her duties, a House of Representatives member shall take the following oath: “I swear by The Almighty God to loyally uphold the republican system, respect
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the Constitution and the Law, fully uphold the interests of the People, and to safeguard the independence of the nation and the integrity and safety of .”
Article (105)
A House of Representatives member shall receive a remuneration determined by Law. In case the remuneration is changed, such change will only come into force at the commencement of the legislative term following the one during which the change was adopted.
Article (106)
The term of membership in the House of Representatives is five calendar years, commencing from the date of its first session.
Elections for a new House of Representatives shall be held during the sixty days preceding the end of the term of previous House.
Article (107)
The Court of Cassation shall have jurisdiction over the validity of membership in the House of Representatives. Appeals shall be submitted to the Court of Cassation within a period not exceeding thirty days from date on which the final election results are announced. Appeals shall be adjudicated within sixty days from the date of the receipt thereof.
In the event that a judgment declares a membership invalid, the invalidity of the membership shall be effective as of the date on which the court judgment is notified to the House.
Article (108)
In case a seat of a House of Representatives becomes vacant at least six months prior to the expiry of his tenure, the vacant position must be filled in accordance with Law within sixty days from the date on which the House reports the vacancy.
Article (109)
Throughout its membership tenure, no House of Representatives member may, whether in person or by proxy, buy, rent or lease any asset owned by the State or a public-law legal persons or a public sector company or a public enterprise sector company; sell to or barter with the state any part of its own property or conclude a contract with the State as a vendor, supplier, contractor or otherwise as set out by Law. Any of such acts shall be void.
A member must submit a financial estate disclosure upon taking membership and at the end of membership and at the end of each year of membership.
In case a House of Representatives member receives cash or in-kind gift because of or in connection with his/her membership, title thereto shall devolve to the State public treasury.
31 All the foregoing shall be as regulated by Law.
Article (110)
Membership in the House of Representatives may only be dropped or cancelled if a member has lost confidence and esteem or ceases to satisfy any membership condition based on which he was elected or if he has violated the duties of membership.
The decision of cancellation must be issued by a majority of two-thirds of the members of the House of Representatives.
Article (111)
The House of Representatives shall accept resignation of its members, which must be submitted in writing. To be accepted, a resignation must not be submitted after the House has initiated procedures for cancelling the membership of the resigning member.
Article (112)
A House of Representatives member shall not be held accountable for any opinions expressed concerning the performance of his duty in the House or its committees.
Article (113)
Except in cases of flagrante delicto, it shall be prohibited to take any criminal action, under the Articles of felonies and misdemeanors, against a House of Representatives member without the prior permission from the House. In case the House of Representatives is not in session, a permission must be obtained from the House’s Bureau, and the House must be notified at its first session.
In all cases, a decision should be taken on any motion for permission to take legal action against a House of Representatives member within thirty days; otherwise, the motion shall be deemed accepted.
Article (114) The seat of the House of Representatives shall be in Cairo.
However, in exceptional circumstances, the House may hold its sessions elsewhere, at the request of the President of the Republic or one-third of the members of the House of Representatives.
Any meetings held otherwise and any resolutions passed thereby shall be void.
32 Article (115)
The President of the Republic shall invite the House of Representatives for its annual ordinary session before the first Thursday of October; failing such invitation, the House is required by the Constitution to meet on the stated day.
The ordinary session shall continue for at least nine months. The President of the Republic shall bring each session to close with the approval of the House. This shall not be permissible except after State's General Budget has been approved.
Article (116)
At the President of the Republic's request or upon a motion signed by at least one tenth of the House members, the House of Representatives may hold an extraordinary meeting to consider an urgent issue.
Article (117)
At the first meeting of its annual regular session, the House of Representatives shall elect, from among its members, a speaker and two deputies for the full legislative term. If the office of any of the aforementioned persons becomes vacant, a substitute shall be elected by the House. The House’s internal regulations shall provide for the rules and procedures of election. If any of the aforementioned persons fails to fulfill the duties of his office, one-third of the House members may request to relieve him of his office. The relevant decision shall be issued by a majority of two-thirds of the members.
In all cases, neither the Speaker nor any of the two deputies may be elected for more than two consecutive legislative terms.
Article (118)
The House of Representatives shall set its own internal regulations of its work and the manner of exercising its authorities and maintaining order therein. Such internal regulations shall be issued by a law.
Article (119)
The House of Representatives shall be competent to maintain order therein and this duty shall be incumbent upon the Speaker of the House.
Article (120)
The sessions of the House of Representatives shall be held in public.
The House may hold a secret session at the request of the President of the Republic, the Prime Minister, the Speaker of the House, or at least twenty of the House members. By the majority of
33
its members, the House shall decide whether the discussion in question is to be conducted in a public or a secret session.
Article (121)
The meetings of the House and resolutions passed thereby shall not be deemed valid unless attended by the majority of its members.
In cases other than those requiring a special majority, resolutions shall be passed by the absolute majority of the members present. In case there is a tie of votes, the subject matter in deliberation shall be deemed rejected.
Laws shall be issued by the absolute majority of the members present, provided that such majority constitutes not less than one third of the House members.
The Laws deemed complementary to the Constitution shall be issued by a majority of of two thirds of the House members. Laws regulating presidential or parliamentary or municipal elections, political parties, the judiciary, related to judicial bodies and judicial organizations, and those regulating the rights and freedoms stipulated in the Constitution shall be deemed complementary to the Constitution.
Article (122)
The President of the Republic, the Cabinet, and every House member shall have the right to propose laws.
Every bill presented by the government or one tenth of the House members shall be referred to the competent specialized committees of the House for review and submission of a report to the House. A committee may seek the opinion of experts on the matter in question.
No bill presented by a member can be referred to the specialized committee unless it has been permitted by the committee responsible for proposals and approved by the House. If the committee responsible for proposals rejects a bill, it must provide a reasoned decision.
Any bill or proposed law rejected by the House may not be re-presented during the same legislative term.
(Article 123)
The President of the Republic has the right to issue laws or reject them.
If the President of the Republic objects to a draft law approved by the House of Representatives, he/she shall refer it back to the House of Representatives within thirty (30) days as of the date when the House of Representatives notified the President of such approval. If the President does
34
not refer the draft law back to the House of Representatives within this period, the draft law shall be deemed a Law and shall be issued.
If the draft law is referred back to the House of Representatives within the aforementioned period and approved again by a majority of two-thirds of its members, it shall be deemed a Law and shall be issued.
Article (124)
The State budget shall include all of its revenues and expenditures without exception. The draft budget shall be submitted to the House of Representatives at least ninety (90) days before the beginning of the fiscal year; and shall not be effective unless approved thereby. Voting thereon shall be made on a section-by-section basis.
The House of Representatives may alter the expenditures stated in the draft budget, except for those allocated to honor a specific State liability.
Should such alteration result in an increase in total expenditures, the House of Representatives must reach an agreement with the Government on the means to procure sources of revenue so as to restore a balance between both. The State budget shall be issued by a law which may include an amendment of another existing law to the extent necessary to achieve such balance.
In all cases, the budget law may not include any provision that puts new burdens on citizens.
The Law shall specify the fiscal year, the method of preparing the State budget, and the provisions of the budgets of public bodies and organizations and their accounts.
The House of Representatives must approve the transfer of any funds from one section of the State budget to another, as well as any expenditure not included therein or in excess of its estimate. Such approval shall be issued by a law.
Article (125)
The final accounts of the State budget must be submitted to the House of Representatives within a period not exceeding six (6) months as of the end of the fiscal year. The annual report of the Central Auditing Organization (CAO) and the latter’s notes on the final accounts shall be submitted therewith.
The final accounts shall be put to vote on a section-by-section basis and shall be issued by a law.
The House of Representatives has the right to ask CAO for any additional data or reports.
Article (126)
The Law shall regulate the basic rules for the collection of public funds and the procedures for their disbursement.
35 Article (127)
The executive power may not obtain a loan or funding or engage in a project that is not listed in the approved State budget which entails expenditure from the State treasury within a subsequent period, except with the approval of the House of Representatives.
Article (128)
The Law shall specify the rules for setting salaries, pensions, indemnities, subsidies, and bonuses which are paid from the State treasury; and shall set out the cases in which exception from such rules may be made, as well as, the authorities in charge of their application.
Article (129)
Every member of the House of Representatives may direct any question to the Prime Minister, or one of his/her deputies, or a minister, or one of his/her deputies on any matter that falls within their respective authorities; and the latter must respond to such question during the same annual session.
The member may withdraw the question at any time. A question may not be converted to an interrogation in the same session.
Article (130)
Every member of the House of Representatives may direct an interrogation to the Prime Minister, or one of his/her deputies or a minister or one of his/her deputies in order to hold them accountable for matters that fall within their respective authorities.
The House of Representatives shall discuss the interrogation at least seven (7) days after its submission, within a maximum of sixty (60) days, except in cases of urgency as determined by the House and agreed by the Government.
Article (131)
The House of Representatives may decide to withdraw confidence from the Prime Minister, or one of his/her deputies or a minister or one of his/her deputies.
Filing a motion of no confidence may not be made except after an interrogation and upon a proposal submitted by at least one-tenth of the members of the House of Representatives. The House of Representatives shall issue a decision after considering the interrogation. Withdrawal of confidence requires the affirmative vote of a majority of the House members.
In all cases, a no-confidence motion may not be filed in connection with an issue that has already been decided upon in the same annual session.
