#Egypt's draft (controversial) constitution translated Article 51-100
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#Egypt's draft (controversial) constitution translated: http://bit.ly/YlXk1G (thanks & via @Linaattalah)
8:44 AM - 2 Dec 12 · Details
Egypt's draft constitution translated
Sun, 02/12/2012 - 13:15
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Article 51
Citizens have the right to establish associations and civil institutions, subject to notification only. Such institutions shall operate freely, and be deemed legal persons.
Citizens have the right to establish associations and civil institutions, subject to notification only. Such institutions shall operate freely, and be deemed legal persons.
Authorities may not disband them or their administrative bodies without a court order, in the manner prescribed by the law.
Article 52
The freedom to form syndicates, unions and cooperatives is a right guaranteed by law. They shall be deemed legal persons, be formed on a democratic basis, operate freely, participate in the service of community service, raising the standard of productivity among their members, and safeguarding their assets.
The freedom to form syndicates, unions and cooperatives is a right guaranteed by law. They shall be deemed legal persons, be formed on a democratic basis, operate freely, participate in the service of community service, raising the standard of productivity among their members, and safeguarding their assets.
Authorities may not disband them or their boards except under a court order.
Article 53
Trade unions are regulated by law and managed on a democratic basis, the accountability of their members subject to professional codes of ethics. One trade union is allowed per profession.
Trade unions are regulated by law and managed on a democratic basis, the accountability of their members subject to professional codes of ethics. One trade union is allowed per profession.
Authorities may not disband the boards of trade unions except with a court order, and may not place them under sequestration.
Article 54
Every individual has the right to address public authorities in writing and under his own signature.
Every individual has the right to address public authorities in writing and under his own signature.
Addressing public authorities should not be in the name of groups, with the exception of juridical persons.
Article 55
Citizen participation in public life and a national duty: Every citizen shall have the right to vote, run for elections, and express opinions in referendums, according to the provisions of the law.
Citizen participation in public life and a national duty: Every citizen shall have the right to vote, run for elections, and express opinions in referendums, according to the provisions of the law.
The State is responsible for the inclusion of the name of every citizen who is qualified to vote in the voters’ database without waiting for an application.
The State shall ensure the fairness, validity, impartiality and integrity of referendums and elections. Interference in anything of the above is a crime punishable by law.
Article 56
The State shall safeguard the interests of Egyptians living abroad, protect them and protect their rights and freedoms, help them perform their public duties toward the Egyptian State and society, and encourage their contribution to the development of the nation.
The State shall safeguard the interests of Egyptians living abroad, protect them and protect their rights and freedoms, help them perform their public duties toward the Egyptian State and society, and encourage their contribution to the development of the nation.
Their participation in elections and referendums is regulated by law.
Article 57
The right to political asylum shall be granted by the State to every foreigner deprived in their country of public rights and freedoms guaranteed by the Constitution.
The right to political asylum shall be granted by the State to every foreigner deprived in their country of public rights and freedoms guaranteed by the Constitution.
Extradition of political refugees is prohibited.
All of the above shall be subject to law regulations.
Chapter Three: Economic and social rights
Article 58
High-quality education is a right guaranteed by the State for every citizen. It is free throughout its stages in all government institutions, obligatory in the primary stage, and the State shall work to extend obligation to other stages.
High-quality education is a right guaranteed by the State for every citizen. It is free throughout its stages in all government institutions, obligatory in the primary stage, and the State shall work to extend obligation to other stages.
The State supports and encourages technical education, and oversees education in all its forms.
All educational institutions, public and private, local and otherwise shall abide by the State educational plans and goals, and realize the link between education and the needs of society and production.
Article 59
The State shall guarantee the freedom of scientific and literary research. The autonomy of universities, scientific and linguistic academies, and research centers shall be safeguarded; the State shall provide them with a sufficient percentage of the national revenue.
The State shall guarantee the freedom of scientific and literary research. The autonomy of universities, scientific and linguistic academies, and research centers shall be safeguarded; the State shall provide them with a sufficient percentage of the national revenue.
Article 60
The Arabic language is a primary subject in all stages of education in all educational institutions.
The Arabic language is a primary subject in all stages of education in all educational institutions.
Religious education and national history are core subjects of pre-university education in all its forms.
Universities shall be committed to the teaching of ethics pertaining to the various disciplines.
Article 61
The State shall develop a comprehensive plan to eradicate illiteracy across ages, for males and females, to be executed with social participation within 10 years from the date of the constitution.
The State shall develop a comprehensive plan to eradicate illiteracy across ages, for males and females, to be executed with social participation within 10 years from the date of the constitution.
Article 62
Healthcare is a right of every citizen, and the State shall allocate a sufficient percentage of the national revenue.
Healthcare is a right of every citizen, and the State shall allocate a sufficient percentage of the national revenue.
The State shall provide healthcare services and health insurance in accordance with just and high standards, to be free of charge for those who are unable to pay.
All health facilities shall provide various forms of medical treatment to every citizen in cases of emergency or life danger.
The State shall supervise all health facilities, inspect them for quality of services, and monitor all materials, products and means of health-related publicity. Legislation to regulate such supervision shall be drafted.
Article 63
Work is a right, duty and honor for every citizen, guaranteed by the State on the basis of the principles of equality, justice and equal opportunities.
Work is a right, duty and honor for every citizen, guaranteed by the State on the basis of the principles of equality, justice and equal opportunities.
There shall be no forced labor except in accordance with law.
Public sector employees shall work in the service of the people. The State shall employ citizens on the basis of merit, without nepotism or mediation. Any violation is a crime punishable by law.
The State guarantees for every worker the right to fair pay, vacation, retirement and social security, healthcare, protection against occupational hazards, and the application of occupational safety conditions in the workplace, as prescribed by law.
Workers may not be dismissed except in the cases prescribed by law.
The right to peaceful strike is regulated by law.
Article 64
With regards to the martyrs and the injured of wars, of the 25 January revolution, and of national duty, the State shall honor them and support their families, as well as war veterans and the injured, the families of those missing at war, and similar cases.
With regards to the martyrs and the injured of wars, of the 25 January revolution, and of national duty, the State shall honor them and support their families, as well as war veterans and the injured, the families of those missing at war, and similar cases.
They, their children and their wives shall have priority in employment opportunities.
All of the above shall be regulated by law.
Article 65
The State shall provide social insurance services.
The State shall provide social insurance services.
All citizens unable to support themselves and their families in cases of incapacity, unemployment and old age have the right to social insurance guaranteeing a minimum sustenance.
Article 66
The State shall provide an adequate pension for small-scale farmers, agricultural workers, casual workers, and all who do not have access to the social insurance system.
The State shall provide an adequate pension for small-scale farmers, agricultural workers, casual workers, and all who do not have access to the social insurance system.
All are subject to law regulations.
Article 67
Adequate housing, clean water and healthy food are given rights.
Adequate housing, clean water and healthy food are given rights.
The state adopts a national housing plan, its basis in social justice, the promotion of independent initiatives and housing cooperatives, and the regulation of the use of national territory for the purposes of construction, in accordance with public interest and with the rights of future generations.
Article 68
Everyone has the right to play sports.
Everyone has the right to play sports.
State and social institutions shall strive to discover talented athletes and support them, and take the necessary measures to encourage exercise.
Article 69
All individuals have the right to a healthy environment. The State shall safeguard the environment against pollution, and promote the use of natural resources in a manner that prevents damage to the environment and preserves the rights of future generations.
All individuals have the right to a healthy environment. The State shall safeguard the environment against pollution, and promote the use of natural resources in a manner that prevents damage to the environment and preserves the rights of future generations.
Article 70
Every child, from the moment of birth, has the right to a proper name, family care, basic nutrition, shelter, health services, and religious, emotional and cognitive development.
Every child, from the moment of birth, has the right to a proper name, family care, basic nutrition, shelter, health services, and religious, emotional and cognitive development.
The State shall care and protect the child in the case of the loss of family. The State also safeguards the rights of disabled children, and their rehabilitation and integration into society.
Child labor is prohibited before passing the age of compulsory education, in jobs that are not fit for a child’s age, or that prevent the child from continuing education.
A child may only be detained for a specified period, must be provided with legal assistance, and be held in a convenient location, taking into account separation according to gender, ages and type of crime, and be held away from places of adult detention.
Article 71
The State shall provide care for children and youth; shall support their development spiritually, morally, culturally, educationally, physically, psychologically, socially and economically; and shall empower them for active political participation.
The State shall provide care for children and youth; shall support their development spiritually, morally, culturally, educationally, physically, psychologically, socially and economically; and shall empower them for active political participation.
Article 72
The State shall provide for people with disabilities health, economic and social care, and shall provide them with employment opportunities, raise social awareness toward them, and adapt public facilities to suit their needs.
The State shall provide for people with disabilities health, economic and social care, and shall provide them with employment opportunities, raise social awareness toward them, and adapt public facilities to suit their needs.
Article 73
All forms of oppression, exploitation and sex trafficking are prohibited and criminalized by law.
All forms of oppression, exploitation and sex trafficking are prohibited and criminalized by law.
Chapter Four: Guarantees for the protection of rights and freedoms
Article 74
Sovereignty of the law shall be the basis of rule in the State.
Sovereignty of the law shall be the basis of rule in the State.
The independence and immunity of the judiciary are two basic guarantees to safeguard rights and freedoms.
Article 75
The right to litigation is inalienable and guaranteed for all.
The right to litigation is inalienable and guaranteed for all.
The State shall guarantee accessibility of judicature for litigants, and rapid decision on cases.
Any stipulation of immunity of any act or administrative decision from the control of the judicature is prohibited.
No person shall be tried except before their natural judge; exceptional courts are prohibited.
Article 76
Penalty shall be personalized. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing it.
Penalty shall be personalized. There shall be no crime or penalty except by virtue of the law. No penalty shall be inflicted except by a judicial sentence. Penalty shall be inflicted only for acts committed subsequent to the promulgation of the law prescribing it.
Article 77
No criminal action shall be made except under an order from a judiciary body, save for cases defined by law.
No criminal action shall be made except under an order from a judiciary body, save for cases defined by law.
A defendant is innocent until proven guilty in legal trial, and granted the right of defense. Every person accused of a felony shall be provided with a defense lawyer. Minor offenses, in which a defense lawyer is also required, are determined by law.
The law regulates the rules of appeal for felonies and offenses.
The state shall provide protection for victims of crime, witnesses, defendants and informants where necessary.
Article 78
The right of defense in person or by proxy is guaranteed.
The right of defense in person or by proxy is guaranteed.
The law secures, for financially incapable citizens, means to resort to justice and to defend their rights.
Article 79
Sentences shall be issued and enforced in the name of the people. Abstention from or obstruction of enforcing such sentences on the part of the concerned civil servants is considered a crime punishable by law. In such case, a person issued a sentence in his favor shall have the right to lodge a direct criminal action before the competent court.
Sentences shall be issued and enforced in the name of the people. Abstention from or obstruction of enforcing such sentences on the part of the concerned civil servants is considered a crime punishable by law. In such case, a person issued a sentence in his favor shall have the right to lodge a direct criminal action before the competent court.
Article 80
Any encroachment on any of the rights and freedoms guaranteed by the Constitution shall be considered a crime for which criminal and civil lawsuit shall not be forfeited by prescription. The State shall grant a fair compensation to the victim of such encroachment.
Any encroachment on any of the rights and freedoms guaranteed by the Constitution shall be considered a crime for which criminal and civil lawsuit shall not be forfeited by prescription. The State shall grant a fair compensation to the victim of such encroachment.
The injured party shall have the right to lodge a direct criminal action.
The National Council for Human Rights shall inform the Public Prosecution of any violation of these rights, may join the injured party in a civil action, and may appeal on their behalf.
Article 81
Rights and freedoms pertaining to the individual citizen shall not be subject to disruption or detraction.
Rights and freedoms pertaining to the individual citizen shall not be subject to disruption or detraction.
No law that regulates the practice of the rights and freedoms shall include what would constrain their essence.
Such rights and freedoms shall be practiced in a manner not conflicting with the principles pertaining to State and society included in Part I of this Constitution.
PART III: PUBLIC AUTHORITIES
Chapter One: Legislative authority
Section 1: Common provisions
Article 82
The legislative power shall consist of the House of Representatives and the Shura Council.
The legislative power shall consist of the House of Representatives and the Shura Council.
Each shall exercise their respective authorities as set out in the Constitution.
Article 83
Membership of the House of Representatives and the Shura Council may not be combined.
Membership of the House of Representatives and the Shura Council may not be combined.
Other cases of incompatibility may be specified by law.
Article 84
Save in exceptional cases defined by law, members of either the House of Representatives or the Shura Council are to be fully devoted to their offices, with any other job or post kept open for their return, in accordance with the provisions of the law.
Save in exceptional cases defined by law, members of either the House of Representatives or the Shura Council are to be fully devoted to their offices, with any other job or post kept open for their return, in accordance with the provisions of the law.
Article 85
A Member of a Legislative House is unconditionally representative of the population as a whole.
A Member of a Legislative House is unconditionally representative of the population as a whole.
Article 86
Prior to the start of his or her tenure, a Member shall take the following oath before his or her Council: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the motherland.”
Prior to the start of his or her tenure, a Member shall take the following oath before his or her Council: “I swear by Almighty God to loyally uphold the republican system, to respect the Constitution and the law, to fully look after the interests of the people, and to safeguard the independence and territorial integrity of the motherland.”
Article 87
The Court of Cassation shall have final jurisdiction over the validity of memberships in both Houses. Challenges shall be submitted to the court within a period not exceeding 30 days from the announcement of the final election results, and a verdict shall be passed within 60 days from the date of receipt of the challenge.
The Court of Cassation shall have final jurisdiction over the validity of memberships in both Houses. Challenges shall be submitted to the court within a period not exceeding 30 days from the announcement of the final election results, and a verdict shall be passed within 60 days from the date of receipt of the challenge.
Where a membership is deemed invalid, it becomes void from the date the verdict is reported to Parliament.
Article 88
Throughout his or her tenure, no Member of a Legislative House may, in person of through an intermediary, purchase or rent any State property, lease or sell to or barter with the State any part of their own property, or conclude a contract with the State as vendor, supplier or contractor.
Throughout his or her tenure, no Member of a Legislative House may, in person of through an intermediary, purchase or rent any State property, lease or sell to or barter with the State any part of their own property, or conclude a contract with the State as vendor, supplier or contractor.
Members shall provide financial disclosures and present them to their Council, at the start and at the end of their tenure, as well as at the end of each year.
If, in relation to their membership in a Legislative House, Members should receive cash or in-kind gifts, such gifts shall go into the Public Treasury.
All of the above is subject to regulation by law.
Article 89
Members of the Legislative Houses shall not be held to account for any opinions pertaining to their tasks in Parliament.
Members of the Legislative Houses shall not be held to account for any opinions pertaining to their tasks in Parliament.
Article 90
It is prohibited, except in cases of flagrante delicto, to take criminal action against Members of the Legislative Houses without prior permission from their Council. If not in session, permission must be granted by the Council Office, and the House of Representatives or Shura Council notified at the first subsequent session of any measures taken.
It is prohibited, except in cases of flagrante delicto, to take criminal action against Members of the Legislative Houses without prior permission from their Council. If not in session, permission must be granted by the Council Office, and the House of Representatives or Shura Council notified at the first subsequent session of any measures taken.
In all cases, if a request for permission to take legal action against a Member of Parliament does not receive a response within 30 days, the permission is to be considered granted.
Article 91
Members shall receive a remuneration determined by the law.
Members shall receive a remuneration determined by the law.
Article 92
The seats of both the House of Representatives and the Shura Council are in Cairo.
The seats of both the House of Representatives and the Shura Council are in Cairo.
However, in exceptional circumstances, either of them may hold meetings elsewhere, at the request of the President of the Republic or one-third of the members of the House or Council.
Any meetings otherwise shall be deemed illegitimate and the resolutions passed therein shall be considered void.
Article 93
The sessions of the House of Representatives and the Shura Council shall be held in public.
The sessions of the House of Representatives and the Shura Council shall be held in public.
However, closed sessions may be held at the request of the President of the Republic, the Prime Minister, or at least 20 of its members. The House of Representatives or Shura Council shall then decide whether the debate on the question submitted thereto shall take place in public or closed sessions.
Article 94
The President of the Republic shall convoke the House of Representatives and the Shura Council for their ordinary annual sessions before the first Thursday of October. If not convoked, the Councils are prescribed by the Constitution to meet on the said day.
The President of the Republic shall convoke the House of Representatives and the Shura Council for their ordinary annual sessions before the first Thursday of October. If not convoked, the Councils are prescribed by the Constitution to meet on the said day.
The ordinary meeting session shall continue for at least eight months. The President of the Republic shall bring each session to a close with the approval of the Councils, and in the case of the House of Representatives, only after the general budget of the State has been adopted.
Article 95
When necessary, the House of Representatives or the Shura Council may be called to an extraordinary meeting, by the President of the Republic, by the Cabinet, or upon a request signed by at least 10 Shura Council or House of Representatives members.
When necessary, the House of Representatives or the Shura Council may be called to an extraordinary meeting, by the President of the Republic, by the Cabinet, or upon a request signed by at least 10 Shura Council or House of Representatives members.
Article 96
The meetings of the House of Representatives or Shura Council, and the resolutions they pass, shall not be considered valid unless attended by the majority of its members.
The meetings of the House of Representatives or Shura Council, and the resolutions they pass, shall not be considered valid unless attended by the majority of its members.
In cases other than those stipulating a special majority, resolutions shall be adopted based on an absolute majority of the members present. In case of a tie vote, the matter in deliberation shall be deemed rejected.
Article 97
Each Council shall elect, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term in the case of the House of Representatives, and for half of the legislative term in the case of the Shura Council. If the seat of either becomes vacant, the Shura Council or House of Representatives shall elect a replacement, whose term will last until the end of its predecessor’s.
Each Council shall elect, in the first meeting of its regular annual session, a speaker and two deputy speakers for the full legislative term in the case of the House of Representatives, and for half of the legislative term in the case of the Shura Council. If the seat of either becomes vacant, the Shura Council or House of Representatives shall elect a replacement, whose term will last until the end of its predecessor’s.
In all cases, one-third of the members of either House could request a new election of the Speaker or Deputy Speakers in the first meeting of the regular annual session.
Article 98
If the presidency is temporarily assumed by the Speaker of the House of Representatives or of the Shura Council, said Council shall be chaired by the older of the two Deputy Speakers.
If the presidency is temporarily assumed by the Speaker of the House of Representatives or of the Shura Council, said Council shall be chaired by the older of the two Deputy Speakers.
Article 99
Each Council shall lay down its own bylaws regulating its work and the manner of practicing its functions, to be published in the Official Gazette.
Each Council shall lay down its own bylaws regulating its work and the manner of practicing its functions, to be published in the Official Gazette.
Article 100
Each Council shall maintain its internal order, a responsibility assumed by each Council’s Speaker.
Each Council shall maintain its internal order, a responsibility assumed by each Council’s Speaker.
No armed forces may be present within or in vicinity of either of the Legislative Houses except at the request of the Council’s Speaker.
