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Comparing Egypt’s Constitutions

Egyptians will soon vote in a referendum on a new constitution, their second in just over a year.
Following the removal of then president Mohamed Morsi from office on July 3, Egypt’s military-backed
government began a two-phase process of creating a new constitution. During the first phase, the
regime tasked a committee of ten legal experts with drafting a list of constitutional amendments. In the
second phase, it appointed a committee of 50 representatives from various state institutions and social
groups to build upon these amendments and write a new constitution. The draft, which was finalized on
December 1, 2013, is meant to replace Egypt’s 2012 constitution, which was written by an Islamist
majority and approved by a December 2012 referendum with 63 percent of the vote.

The new draft constitution has removed language and articles favored by the Islamists. It has also
expanded the powers of institutions that supported Morsi’s removal, including the military, the
judiciary, and the police. Despite these changes, however, the draft is still very similar to the 2012
constitution, which was itself based on the previous constitution adopted in 1971. The following table
compares some of the most important articles as quoted from English translations of the 1971
constitution, the 2012 constitution, and the 2013 draft constitution. (An Arabic version of the 2013 draft
constitution can be found here.)

 The Military
o Appointing the Defense Minister
o The Military Budget
o Military Trials
o Declaring War
 Religion
o Religious Minorities
o Freedom of Belief
o Sharia and Islamic Principles
o Al-Azhar
 System of Government
o Principles of Government
o Presidential Veto
o Dissolving Parliament
o Presidential Term Limits
o Impeachment
o Appointing the Government
o Political Representation
o Decentralization and Local Government
 Basic Rights and Freedoms
o Equal Opportunity
o Women in the Constitution
o Freedom of the Press
o Freedom of Thought and Expression
o Freedom of Assembly
o Labor Unions
o Political Parties
o Freedom of Information
o Protection from Violations
o Torture
 The Judiciary
o Governing the Judiciary
o The Supreme Constitutional Court
o The Public Prosecutor
o Other Judicial Bodies
1971 Constitution 2012 Constitution 2013 Draft Constitution

The Military
Appointing the Defense Minister
Article 143 Article 147 Article 153
The President of the Republic The President of the Republic The President of the Republic
shall appoint civil and military shall appoint civil and military appoints civil and military
officials and diplomatic personnel and dismiss them, personnel and diplomatic
representatives, and dismiss shall appoint diplomatic representatives and dismisses
them in the manner prescribed representatives and remove them, and confirms political
by the law. them, and shall confirm representatives to foreign
He shall also accredit the political representatives of countries and organizations in
diplomatic representatives of foreign countries and accordance with the law.
foreign states. organizations, as regulated by
law. Article 201
The Minister of Defense is the
Article 195 Commander in Chief of the
The Minister of Defense is the Armed Forces, appointed from
Commander in Chief of the among its officers.
Armed Forces, appointed from
among its officers. Article 234
The Minister of Defense is
appointed upon the approval of
the Supreme Council of the
Armed Forces. The provisions
of this article shall remain in
force for two full presidential
terms starting from the date on
which this Constitution comes
into effect.
The Military Budget
Not mentioned Article 197 Article 203
A National Defense Council A National Defense Council is
shall be created, presided over established, presided over by
by the President of the the President of the Republic
Republic and including in its and including in its membership
membership the Speakers of the Prime Minister, the Speaker
the House of Representatives of the House of
and the Shura Council, the Representatives, the Minister
Prime Minister, the Minister of of Defense, the Minister of
Defense, the Minister of Foreign Affairs, the Minister of
Foreign Affairs, the Minister of Finance, the Minister of
Finance, the Minister of Interior, the Chief of the
Interior, the Chief of the General Intelligence Service,
General Intelligence Service, the Chief of Staff of the armed
the Chief of Staff of the Armed forces, the Commanders of the
Forces, the Commander of the Navy, the Air Forces and Air
Navy, the Air Forces and Air Defense, the Chief of
Defense, the Chief of Operations for the armed
Operations for the Armed forces and the Head of Military
Forces and the Head of Military Intelligence.
Intelligence. The Council is responsible for
The President of the Republic looking into matters pertaining
may invite whoever is seen as to the methods of ensuring the
having relevant expertise to safety and security of the
attend the Council’s meetings country, for discussing the
without having their votes armed forces’ budget, which is
counted. incorporated as a single figure
The Council is responsible for in the state budget. Its opinion
matters pertaining to the must be sought in relation to
methods of ensuring the safety draft laws on the armed forces.
and security of the country and Its other competencies are
to the budget of the Armed defined by law.
Forces. It shall be consulted When discussing the budget,
about draft laws related to the the head of the financial affairs
Armed Forces. Other department of the armed
competencies are to be defined forces and the heads of the
by law. Planning and Budgeting
Committee and the National
Security Committee at the
House of Representatives shall
be included.
The President of the Republic
may invite whoever is seen as
having relevant expertise to
attend the Council’s meetings
without having their votes
counted.
Military Trials
Article 183 Article 198 Article 204
The law shall regulate the The Military Judiciary is an The Military Judiciary is an
military judiciary, and define independent judiciary that independent judiciary that
their competences in the adjudicates exclusively in all adjudicates exclusively in all
framework of the principles in crimes related to the Armed crimes related to the armed
the Constitution. Forces, its officers and forces, its officers, personnel,
personnel. and their equals, and in the
Civilians shall not stand trial crimes committed by general
before military courts except intelligence personnel during
for crimes that harm the Armed and because of the service.
Forces. The law shall define Civilians cannot stand trial
such crimes and determine the before military courts except
other competencies of the for crimes that represent a
Military Judiciary. direct assault against military
Members of the Military facilities, military barracks, or
Judiciary are autonomous and whatever falls under their
cannot be dismissed. They authority; stipulated military or
share the immunities, border zones; its equipment,
securities, rights and duties vehicles, weapons,
stipulated for members of ammunition, documents,
other judiciaries. military secrets, public funds or
military factories; crimes
related to conscription; or
crimes that represent a direct
assault against its officers or
personnel because of the
performance of their duties.
The law defines such crimes
and determines the other
competencies of the Military
Judiciary.
Members of the Military
Judiciary are autonomous and
cannot be dismissed. They
share the securities, rights and
duties stipulated for members
of other judiciaries.
Declaring War
Article 150 Article 146 Article 152
The President of Republic shall The President of the Republic The President of the Republic is
be the Supreme Commander of shall be the Supreme the Supreme Commander of
the Armed Forces. He shall be Commander of the Armed the Armed Forces. The
the authority to declare war, Forces. The President is not to President cannot declare war,
subject to approval by the declare war, or send the Armed or send the armed forces to
People’s Assembly. Forces outside State territory, combat outside state territory,
except after consultation with except after consultation with
the National Defense Council the National Defense Council
and the approval of the House and the approval of the House
of Representatives with a of Representatives with a two-
majority of its members. thirds majority of its members.
If the House of Representatives
is dissolved, the Supreme
Council of the Armed Forces
(SCAF) must be consulted and
the approval of the Cabinet and
National Defense Council must
be obtained.

Religion
Religious Minorities
Not mentioned Article 3 Article 3
The canon principles of The principles of the laws of
Egyptian Christians and Jews Egyptian Christians and Jews
are the main source of are the main source of laws
legislation for their personal regulating their personal status,
status laws, religious affairs, religious affairs, and selection
and the selection of their of spiritual leaders.
spiritual leaders.


Freedom of Belief
Article 46 Article 43 Article 64
The State shall guarantee the Freedom of belief is an Freedom of belief is absolute.
freedom of belief and the inviolable right. The freedom of practicing
freedom of practice of religious The State shall guarantee the religious rituals and
rites. freedom to practice religious establishing places of worship
rites and to establish places of for the followers of revealed
worship for the divine religions, religions is a right organized by
as regulated by law. law.
Sharia and Islamic Principles
Article 2 Article 2 Article 2
Islam is the religion of the state Islam is the religion of the state Islam is the religion of the state
and Arabic its official language. and Arabic its official language. and Arabic is its official
Principles of Islamic law Principles of Islamic Sharia are language. The principles of
(Shari’a) are the principal the principal source of Islamic Sharia are the principle
source of legislation. legislation.

 source of legislation.
Not mentioned Article 219 Not mentioned
The principles of Islamic Sharia
include general evidence,
foundational rules, rules of
jurisprudence, and credible
sources accepted in Sunni
doctrines and by the larger
community.
Al-Azhar
Not mentioned Article 4
 Article 7
Al-Azhar is an encompassing Al-Azhar is an independent
independent Islamic institution, scientific Islamic institution,
with exclusive autonomy over with exclusive competence
its own affairs, responsible for over its own affairs. It is the
preaching Islam, theology and main authority for religious
the Arabic language in Egypt sciences, and Islamic affairs. It
and the world. Al-Azhar Senior is responsible for preaching
Scholars are to be consulted in Islam and disseminating the
matters pertaining to Islamic religious sciences and the
law.
 Arabic language in Egypt and
The post of Al-Azhar Grand the world.
Sheikh is independent and The state shall provide enough
cannot be dismissed. The financial allocations to achieve
method of appointing the its purposes.
Grand Sheikh from among Al-Azhar’s Grand Sheikh is
members of the Senior Scholars independent and cannot be
is to be determined by law. dismissed. The method of
The State shall ensure sufficient appointing the Grand Sheikh
funds for Al-Azhar to achieve its from among the members of
objectives.
 the Council of Senior Scholars is
All of the above is subject to to be determined by law.
law regulations.



System of Government
Principles of Government
Article 3 Article 5
 Article 4
Sovereignty is for the people Sovereignty is for the people Sovereignty belongs to the
alone and they are the source alone and they are the source people alone, which exercises it
of authority. The people shall of authority. The people shall and protects it. They are the
exercise and protect this exercise and protect this source of power. They
sovereignty, and safeguard sovereignty, and safeguard safeguard their national unity,
national unity in the manner national unity in the manner which is based on the principle
specified in the Constitution. specified in the Constitution. of equality, justice and equal
opportunity between citizens,
as provided in this Constitution.
Article 5 Article 6
 Article 5
The political system of the Arab The political system is based on The political system is based on
Republic of Egypt is a the principles of democracy political and partisan
multiparty system, within the and shura (counsel), citizenship multiplicity, the peaceful
framework of the basic (under which all citizens are transfer of power, the
elements and principles of the equal in rights and duties), separation and balance of
Egyptian society as stipulated multi-party pluralism, peaceful powers, authority going with
in the Constitution. Political transfer of power, separation responsibility, and respect for
parties are regulated by law. of powers and the balance human rights and freedoms, as
Citizens have the right to between them, the rule of law, set out in the Constitution.
establish political parties and respect for human rights
according to the law and no and freedoms; all as elaborated
political activity shall be in the Constitution.

exercised nor political parties
established on a religious
referential authority, on a
religious basis or on
discrimination on grounds of
gender or origin.
Article 1 Article 1
 Article 1
The Arab Republic of Egypt is a The Arab Republic of Egypt is The Arab Republic of Egypt is a
democratic state based on an independent sovereign sovereign state, united and
citizenship. The Egyptian state, united and indivisible, its indivisible, where nothing is
people are part of the Arab system democratic.
The dispensable, and its system is
nation and work for the Egyptian people are part of the democratic republic based on
realization of its Arab and Islamic nations, proud citizenship and the rule of law.
comprehensive unity. of belonging to the Nile Valley Egypt is part of the Arab nation
and Africa and of its Asian and enhances its integration
reach, a positive participant in and unity. It is part of the
human civilization.

 Muslim world, belongs to the
African continent, is proud of
its Asian dimension, and
contributes to building human
civilization.
Presidential Veto
Article 112 Article 104 Article 123
The President of the Republic The House of Representatives The President of the Republic
shall have the right to shall notify the President of the has the right to issue or object
promulgate or veto laws. Republic of any law passed for to laws.
the President to issue the new If the President of the Republic
Article 113 law within 15 days from the objects to a draft law approved
Should the President of the date of receiving it. In case the by the House of
Republic veto a draft law President objects to the draft Representatives, it must be
ratified by the People’s law, it must be referred back to referred back to the House
Assembly, he shall refer it back the House of Representatives within 30 days of the House's
to the Assembly within thirty within 30 days. being notified thereof. If the
days from notification thereto If the draft law is not referred draft law is not referred back to
by the Assembly. back within this period, or if it the House within this period, it
If the draft law is not referred is approved again by a majority is considered a law and is
back within this period, it shall of two-thirds of the members, issued.
be considered a law and shall it shall be considered a law and If it is referred back to the
be promulgated. shall be disseminated as such. House within the
If it is referred back to the If it is not approved by the aforementioned period, and is
Assembly on the said date and House of Representatives, it approved again by a majority of
approved once again by a may not be presented in the two-thirds of its members, it is
majority of two- thirds of the same session before four considered a law and is issued.
members, it shall be considered months have passed from the
a law and shall be date of the decision.
promulgated.
Dissolving Parliament
Article 136 Article 127 Article 137
The President of the Republic The President of the Republic The President of the Republic
may not dissolve the People’s may not dissolve the House of may not dissolve the House of
Assembly unless it is necessary. Representatives except by a Representatives except when
Should the Assembly be causative decision and necessary by a causal decision
dissolved over a certain matter, following a public referendum. and following a public
the new Assembly may not be A House of Representatives referendum. The House of
dissolved on the same matter. may not be dissolved during its Representatives may not be
The decision shall include a call first annual session, nor for the dissolved for the same cause
to voters for new elections of same cause for which the for which the previous House
the People’s Assembly latest immediately previous House of was dissolved.
within sixty days from the date Representatives was dissolved. The President of the Republic
of issuing the decision of To dissolve the House of must issue a decision to
dissolution. The new Assembly Representatives, the President suspend parliamentary sessions
shall convene within the ten must issue a decision to and hold a referendum on
days following the completion suspend parliamentary sessions dissolution within no more
of elections. and hold a referendum within than 20 days. If voters agree by
20 days. If voters agreed with a a majority of valid votes, the
valid majority on the President of the Republic issues
dissolution, it shall be carried the decision of dissolution, and
out. The President shall then calls for early parliamentary
call for early parliamentary elections to take place within
elections to take place within no more than 30 days from the
30 days from the date of the date of the decision's issuance.
dissolution. The new House of The new House convenes
Representatives shall convene within the 10 days following
within the 10 days following the announcement of the
the completion of elections. referendum results.
If no such majority agrees to
the dissolution, the President
of the Republic shall resign.
If, however, the referendum or
elections do not take place
within the specified time limit,
the existing Parliament shall
reconvene of its own accord on
the day following the expiry of
the time limit.
Presidential Term Limits
Not mentioned Article 133 Article 140
The President of the Republic The President of the Republic is
shall be elected for a period of elected for a period of four
four calendar years, calendar years, commencing on
commencing on the day the the day the term of his
term of his predecessor ends. predecessor ends. The
The President may be reelected President may only be
only once. reelected once.
The process of the presidential The procedures for electing the
election begins at least 90 days President of the Republic begin
before the end of the at least 120 days before the
presidential term. The result is end of the presidential term.
to be announced at least 10 The result is to be announced
days before the end of term. at least 30 days before the end
The President of the Republic of term.
may not hold any partisan The President of the Republic
position for the duration of the may not hold any partisan
presidency. position for the duration of the
presidency.
Impeachment

Article 85 Article 152 Article 159
Any charge against the A charge of felony or treason A charge of violating the
President of high treason or of against the President of the provisions of the Constitution,
committing a criminal act shall Republic is to be based on a high treason or any other
be made upon a proposal by at motion signed by at least one- felony against the President of
least one third of the members third of the members of the the Republic is to be based on a
of the People’s Assembly. No House of Representatives. An motion signed by at least a
impeachment shall be issued impeachment is to be issued majority of the members of the
except upon the approval of a only by a two-thirds majority of House of Representatives. An
majority of two-thirds of the the members of the House of impeachment is to be issued
Assembly members. The Representatives. only by a two-thirds majority of
President of the Republic shall As soon as an impeachment the members of the House of
be suspended form the decision has been issued, the Representatives and after an
exercise of his duties as from President of the Republic shall investigation to be carried out
the issuance of the cease all work; this shall be by the Prosecutor General. If
impeachment. The Vice- treated as a temporary there is an impediment, he is to
President shall take over the obstacle preventing the be replaced by one of his
Presidency temporarily until President from carrying out assistants.
the decision concerning the presidential duties until a As soon as an impeachment
impeachment is taken. The verdict is reached. decision has been issued, the
President of the Republic shall The President of the Republic President of the Republic
be tried by a special Tribunal shall be tried before a special ceases all work; this is treated
set up by law. The law shall also court headed by the President as a temporary impediment
organize the trial procedures of the Supreme Constitutional preventing the President from
and define the penalty. In case Court, the longest-serving carrying out presidential duties
he is found guilty, he shall be Deputy of the President of the until a verdict is reached in the
relieved of his post without Court of Cassation and the case.
prejudice to other penalties. State Council, and the two The President of the Republic is
longest-serving presidents of tried before a special court
the Court of Appeals; the headed by the president of the
prosecution to be carried out Supreme Judicial Council, and
before such court by the with the membership of the
Prosecutor General. most senior deputy of the
The prosecution, trial president of the Supreme
procedure and penalty are Constitutional Court, the most
regulated by law. In the case of senior deputy of the president
conviction, the President of the of the State Council, and the
Republic shall be relieved of his two most senior presidents of
post, without prejudice to the Court of Appeals; the
other penalties. prosecution to be carried out
before such court by the
Prosecutor General. If an
impediment exists for any of
the foregoing individuals, they
are replaced by order of
seniority. The court verdicts are
irrevocable and not subject to
challenge.
The law organizes the
investigation and the trial
procedures. In the case of
conviction, the President of the
Republic is relieved of his post,
without prejudice to other
penalties.
Appointing the Government
Article 141 Article 139 Article 146
The President shall appoint and The President of the Republic The President of the Republic
remove from office the Prime appoints the Prime Minister, assigns a Prime Minister to
Minister. Appointment and who shall be assigned by the form the government and
removal from office of deputy- President the task of forming present his program to the
prime ministers, ministers and the Cabinet and presenting it to House of Representatives. If his
deputy-ministers and relieving the House of Representatives government does not obtain
them of their posts shall be within 30 days. If the Cabinet is the confidence of the majority
made by a presidential decree not granted parliamentary of the members of the House
subject to consultation with the confidence, the President shall of Representatives within no
Prime Minister. appoint another Prime Minister more 30 days, the President
from the party that holds the appoints a Prime Minister
majority of seats in the House based on the nomination of the
of Representatives. If the party or the coalition that holds
Cabinet of that appointed a plurality of seats in the House
Prime Minister does not obtain of Representatives. If his
parliamentary confidence government fails to win the
within a similar period, the confidence of the majority of
House of Representatives then the members of the House of
appoints a Prime Minister who Representatives within 30 days,
shall be assigned by the the House is deemed dissolved,
President the task of forming a and the President of the
Cabinet, provided said Cabinet Republic calls for the elections
obtains parliamentary of a new House of
confidence within a similar Representatives within 60 days
period. Otherwise, the from the date the dissolution is
President of the Republic shall announced.
dissolve the House of In all cases, the sum of the
Representatives and call the periods set forth in this Article
elections of a new House of shall not exceed 60 days.
Representatives within 60 days In the event that the House of
from the date the dissolution is Representatives is dissolved,
announced. the Prime Minister presents the
In all cases, the sum of the government and its program to
periods set forth in this Article the new House of
should not exceed 90 days. Representatives at its first
In the case of dissolution of the session.
House of Representatives, the In the event that the
Prime Minister shall present government is chosen from the
the Cabinet and its plan to the party or the coalition that holds
new House of Representatives a plurality of seats at the House
at its first session. of Representatives, the
President of the Republic may,
in consultation with the Prime
Minister, choose the Ministers
of Justice, Interior, and
Defense.
Political Representation
Article 87 Article 229 Article 243
The law shall determine the Procedures for the first The state grants workers and
constituencies into which the parliamentary elections shall farmers appropriate
State shall be divided and the begin within 60 days of this representation in the first
number of elected members of Constitution coming into effect, House of Representatives to be
the People’s Assembly must be the first legislative term held elected after this Constitution
at least 350 persons, of whom within 10 days from the date of is adopted, in the manner
at least one half shall be announcing the final result of specified by law.
workers and peasants elected the elections.
by direct secret public In this House of
balloting. The definition of Representatives, farmers and
worker and peasant shall be workers shall have a minimum
provided by law. The President of 50 percent representation.
of the Republic may appoint a A worker refers to anyone who
number of members not is hired by another for a fee or
exceeding ten. salary. A farmer refers to
anyone who has taken
agriculture as a profession for a
minimum of 10 years preceding
parliamentary nomination.
The standards and regulations
required for a candidate to be
considered a farmer or a work
shall be determined by law.

Decentralization and Local Government


Article 161 Article 183 Article 176
The Arab Republic of Egypt The State is divided into The state ensures support for
shall be divided into administrative units that are administrative, financial, and
administrative units that are considered as judicial persons economic decentralization. The
considered as judicial persons, and include governorates, law organizes empowering
including governorates, cities provinces, cities, districts and administrative units in
and villages. villages. One administrative providing, improving, and
Other administrative units that unit may comprise more than managing public utilities well,
are judicial persons may be one village or district. Other and defines the timeline for
established whenever required administrative units that are transferring powers and
for public interest. judicial persons may be budgets to the local
The law guarantees support for established, all as regulated by administration units.
decentralization and regulates law, in a manner that supports
means of empowering decentralization, empowering
administrative units, including administrative units in
the provision, promotion and providing local services and
good administration of local facilities, improving them and
services and utilities. managing them well.
Article 162 Article 188 Article 179
Local People’s Councils shall be Every Local Unit shall elect a The law regulates the manner
gradually devolution, on the Local Council by direct, secret in which governors and heads
level of administrative units, by ballot for a term of four years. of other local administrative
direct election, providing that Representatives from the units are selected, and defines
at last half of their members executive apparatus of the their mandate.
shall be workers and peasants. Local Unit shall form part of the
The law shall define for the Council but have no counted Article 180
gradual devolution of authority vote. Every local unit elects a local
to them. Every Council elects its council by direct, secret ballot
Heads and deputy-heads, of President and Deputy from for a term of four years. A
the Councils shall be selected among its elected members. candidate must be no younger
from among their members by Conditions and procedures for than 21 years old. The law
means of election. nomination and election are regulates other conditions for
regulated by law. candidacy and procedures of
election, provided that one
Article 189 quarter of the seats are
The Local Council shall be allocated to youth under 35
concerned with the issues that years old, one quarter is
matter in the Unit it represents allocated for women, workers
and shall create and manage and farmers are represented by
local facilities—economic, no less than 50 percent of the
social and health-related—and total number of seats, and
other activities, in the manner these percentages include a
regulated by law. proper representation of
Christians and people with
Article 190 disability.
The Local Council decisions Local councils are responsible
issued within the limits of its for developing and
jurisdiction are final and not implementing the development
subject to interference from plan, monitoring the activity’s
the executive authorities, different aspects, exercising the
except to prevent the Council tools of monitoring the
from overstepping limits, or executive authority such as
causing damage to public proposals, and submitting
interest or the interests of questions, briefing motions,
other Local Councils. interpellations and others, and
Any dispute over the withdrawing confidence from
jurisdiction of a Local Council the heads of local units, in the
shall be dealt with as a matter manner organized by law.
of urgency by the Legislation The law defines the mandate of
Department of the State other local councils, their
Council, all in the manner financial sources, guarantees of
regulated by law. its members, and their
independence.
Article 191
Every Local Council shall be in Article 181
charge of its own budget and Local council decisions that are
final accounts, in the manner issued within the council’s
regulated by law. mandate are final. They are not
subject to interference from
Article 192 the executive authority, except
It is prohibited to dissolve Local to prevent the council from
Councils as part of a overstepping these limits, or
comprehensive administrative causing damage to the public
procedure. The manner to interest or the interests of
dissolve and reelect any one of other local councils.
them shall be regulated by law. Any dispute over the
jurisdiction of these local
councils in villages, centers or
towns is settled by the
governorate-level local council.
Disputes over the jurisdiction of
governorate-level local councils
are dealt with as a matter of
urgency by the General
Assembly of the Legal Opinion
and Legislation Departments of
the State Council. The
foregoing is organized by law.

Article 182
Every local council is in charge
of its own budget and final
accounts, in the manner
organized by law.

Article 183
It is prohibited to dissolve local
councils as part of a
comprehensive administrative
procedure.
The manner to dissolve and
reelect them is organized by
law.

Basic Rights and Freedoms


Equal Opportunity
Article 8 Article 9
 Article 9
The State shall guarantee The State shall ensure safety, The state ensures equal
equality of opportunity to all security and equal opportunity for all citizens
citizens. opportunities for all citizens without discrimination.
without discrimination.


Women in the Constitution
Article 9 Article 10 Article 10
The family is the basis of the The family is the basis of the Family is the basis of society
society and is founded on society and is founded on and is based on religion,
religion, morality and religion, morality and morality, and patriotism. The
patriotism. The State is keen to patriotism. The State is keen to state protects its cohesion and
preserve the genuine character preserve the genuine character stability, and the consolidation
of the Egyptian family— of the Egyptian family, its of its values.
together with the values and cohesion and stability, and to
traditions it embodies—while protect its moral values, all as Article 11
affirming and developing this regulated by law. The state commits to achieving
character in the relations The State shall ensure maternal equality between women and
within the Egyptian society. and child health services free of men in all civil, political,
charge, and enable the economic, social, and cultural
Article 10 reconciliation between the rights in accordance with the
The State shall guarantee the duties of a woman toward her provisions of this Constitution.
protection of motherhood and family and her work. The state commits to taking the
childhood, take care of children The State shall provide special necessary measures to ensure
and youth and provide suitable care and protection to female appropriate representation of
conditions for the development breadwinners, divorced women women in the houses of
of their talents. and widows.

 parliament, in the manner
specified by law. It grants
Article 11 women the right to hold public
The State shall guarantee posts and high management
harmonization between the posts in the state, and to
duties of woman towards the appointment in judicial bodies
family and her work in the and entities without
society, ensuring her equality discrimination.
status with man in fields of The state commits to the
political, social, cultural and protection of women against all
economic life without violation forms of violence, and ensures
of the rules of Islamic women empowerment to
jurisprudence. reconcile the duties of a
woman toward her family and
her work requirements.
The state ensures care and
protection and care for
motherhood and childhood,
and for breadwinning, and
elderly women, and women
most in need.
Freedom of the Press
Article 208 Article 48 Article 70
The freedom of the press is Freedom of the press, printing, Freedom of press and printing,
guaranteed and press publication and mass media along with paper, visual, audio
censorship is forbidden. Also shall be guaranteed. The media and digital distribution is
forbidden is to threaten, shall be free and independent guaranteed. Egyptians—
suppress, or foreclose a to serve the community and to whether natural or legal
newspaper through express the different trends in persons, public or private—
administrative measures, as public opinion, and contribute have the right to own and issue
stipulated in the Constitution to shaping and directing in newspapers and establish
and defined by law. accordance with the basic visual, audio and digital media
principles of the State and outlets.
Article 209 society, and to maintain rights, Newspapers may be issued
The freedom to issue freedoms and public duties, once notification is given as
newspapers and their respecting the sanctity of the regulated by law. The law shall
ownership by public or private private lives of citizens and the regulate ownership and
or political judicial persons or requirements of national establishment procedures for
by political parties is security. The closure or visual and radio broadcast
safeguarded in accordance with confiscation of media outlets is stations in addition to online
the law. prohibited except with a court newspapers.
The financing and ownership of order.
newspapers are subject to the Control over the media is Article 71
supervision of the people, as prohibited, with the exception It is prohibited to censor,
stipulated in the Constitution of specific censorship that may confiscate, suspend or shut
and defined by law. be imposed in times of war or down Egyptian newspapers and
public mobilization. media outlets in any way.
Article 210 Exception may be made for
Journalists have the right to Article 49 limited censorship in time of
obtain news and information Freedom to publish and own war or general mobilization.
according to the regulations set newspapers of all kinds is a No custodial sanction shall be
by law. guaranteed subject of imposed for crimes committed
Their activities are not subject notification for every natural or by way of publication or the
to any authority other than the juridical Egyptian person. public nature thereof.
law. The establishing of radio Punishments for crimes
stations, television connected with incitement to
broadcasting and digital media violence or discrimination
is regulated by law. amongst citizens, or impugning
the honor of individuals are
specified by law.

Article 72
The state shall ensure the
independence of all press
institutions and owned media
outlets, in a way that ensures
their neutrality and expressing
all opinions, political and
intellectual trends and social
interests; and guarantees
equality and equal opportunity
in addressing public opinion.
Article 211 Article 215 Article 211
The Supreme Council of the The National Media Council The National Media Council is
Press shall deal with matters regulates the affairs of radio, an independent entity that has
concerning the press. television, and printed and a legal personality, enjoys
The law shall define its digital press, among others. technical, financial and
composition, competencies and The Council shall ensure the administrative independence,
its relationship with the State freedom of media in all its and has an independent
authorities. forms, safeguard plurality, fight budget.
The Supreme Press Council centralization and monopoly, The Council . . . regulates the
shall exercise its competencies protect the interests of the affairs of radio, television, and
with a view to consolidating the public, and establish controls printed and digital press,
freedom and independence of and regulations ensuring the among others.
the press, to uphold the basic commitment of media to The Council is responsible for
foundations of society, and to adhere to professional and guaranteeing and protecting
guarantee sound of national ethical standards, to preserve the freedom of press and
unity and social peace as the Arabic language, and to media stipulated in the
stipulated in the constitution observe the values and Constitution; safeguarding its
and defined by law. constructive traditions of independence, neutrality,
society. plurality and diversity,
preventing monopolistic
practices; monitoring the
legality of the sources of
funding of press and media
institutions; and establishing
the controls and regulations
necessary to ensure the
commitment of press and
media outlets to adhere to
professional and ethical
standards, and national
security needs as set out by
law.
The law determines the
composition of the Council, its
system of operation, and
stipulates the conditions of
employment for its staff.
The Council is to be consulted
on bills and regulations related
to its field of operation.
Not mentioned Article 216 Article 212
The National Press and Media The National Press and Media
Association manages State- Association is independent,
owned press and media manages state-owned press
institutions and undertakes the and media institutions, and
development of them and their undertakes the development of
assets to maximize their them and their assets, and
national investment value and ensures their development,
ensure their adherence to independence, neutrality and
sensible professional, their adherence to sensible
administrative and economic professional, administrative
standards. and economic standards.
The composition of the
association, its system of
operation, and the conditions
of employment of its staff are
specified by law.
It is to be consulted about bills
and regulations pertaining to
its field of operation.
Freedom of Thought and Expression
Article 47 Article 45 Article 65
Freedom of opinion is Freedom of thought and Freedom of thought and
guaranteed. opinion shall be guaranteed. opinion is guaranteed.
Every individual has the right to Every individual has the right to All individuals have the right to
express his opinion and to express an opinion and to express their opinion through
disseminate it verbally, in disseminate it verbally, in speech, writing, imagery, or
writing, illustration or by other writing or illustration, or by any any other means of expression
means within the limits of the other means of publication and and publication.
law. Self-criticism and expression.
constructive criticism is a
guarantee for the safety of the Article 31
national structure. Dignity is the right of every
human being, safeguarded by
the State.
Insulting or showing contempt
toward any human being shall
be prohibited.

Article 44
Insult or abuse of all religious
messengers and prophets shall
be prohibited.
Freedom of Assembly
Article 54 Article 50 Article 73
Citizens shall have the right to Citizens have the right to Citizens have the right to
peaceable and unarmed private organize public meetings, organize public meetings,
assembly, without the need for processions and peaceful marches, demonstrations and
prior notice. demonstrations, unarmed and all forms of peaceful protest,
Security men shall not attend based on the notification while not carrying weapons of
such private meetings. regulated by law. any type, upon providing
Public meetings, processions The right to private assembly is notification as regulated by
and gatherings are allowed guaranteed without the need law.
within the limits of the law. for prior notice. Security The right to peaceful, private
personnel shall not attend or meetings is guaranteed,
intercept such private without the need for prior
meetings. notification. Security forces
may not to attend, monitor or
eavesdrop on such gatherings.
Article 55 Article 51 Article 75
Citizens shall have the right to Citizens have the right to Citizens have the right to form
association as defined in the establish associations and civil non-governmental
law. institutions, subject to organizations and institutions
It is prohibited to establish notification only. Such on a democratic basis, which
societies whose activities are institutions shall operate freely, shall acquire legal personality
hostile to the social system, and be deemed legal persons. upon notification.
clandestine or have a military Authorities may not disband They shall be allowed to
character. them or their administrative engage in activities freely.
bodies without a court order, in Administrative agencies shall
the manner prescribed by the not interfere in the affairs of
law. such organizations, dissolve
them, their board of directors,
or their board of trustees
except by a judicial ruling.
The establishment or
continuation of non-
governmental organizations
and institutions whose
structure and activities are
operated and conducted in
secret, or which possess a
military or quasi-military
character are forbidden, as
regulated by law.
Labor Unions
Article 56 Article 52 Article 76
The establishment of The freedom to form The establishment of
syndicates and unions on a syndicates, unions and federations and syndicates on a
democratic basis is a right cooperatives is a right democratic basis is a right
guaranteed by law, and shall be guaranteed by law. They shall guaranteed by law. Such
deemed legal persons. be deemed legal persons, be federations and syndicates will
The law shall regulate the formed on a democratic basis, possess legal personality, be
participation of syndicates and operate freely, participate in able to practice their activities
unions in implementing social the service of community freely, contribute to improving
programs and plans, raising the service, raising the standard of the skills of its members,
standard of productivity among productivity among their defend their rights and protect
their members, and members, and safeguarding their interests.
safeguarding their assets. their assets. The state guarantees the
Authorities may not disband independence of all federations
them or their boards except and syndicates. The boards of
under a court order. directors thereof may only
dissolved by a judicial ruling.
Syndicates may not be
established within
governmental bodies.
Not mentioned Article 53 Article 77
Professional syndicates are The law shall regulate the
regulated by law and managed establishment and
on a democratic basis, the administration of professional
accountability of their syndicates on a democratic
members subject to basis, guarantee their
professional codes of ethics. independence, and specify
One trade union is allowed per their resources and the way
profession. members are recorded and
Authorities may not disband held accountable for their
the boards of professional behavior while performing
syndicates except with a court their professional activities,
order, and may not place them according to ethical codes of
under sequestration. moral and professional
conduct.
No profession may establish
more than one syndicate.
Receivership may not be
imposed nor may
administrative bodies intervene
in the affairs of such
syndicates, and their boards of
directors may only be dissolved
by a judicial ruling. All
legislation pertaining to a given
profession shall be submitted
to the relevant syndicate for
consultation.
Article 63 Article 15
Work is a right, duty and honor Striking peacefully is a right
for every citizen, guaranteed by which is organized by law.
the State on the basis of the
principles of equality, justice
and equal opportunities. . . .
The right to peaceful strike is
regulated by law.
Political Parties
Article 5 Article 6
 Article 74
Citizens have the right to The political system is based on Citizens have the right to form
establish political parties the principles of democracy political parties by notification
according to the law and no and shura (counsel), citizenship as regulated by the law. No
political activity shall be (under which all citizens are political activity may be
exercised nor political parties equal in rights and duties), exercised or political parties
established on a religious multi-party pluralism, peaceful formed on the basis of religion,
referential authority, on a transfer of power, separation or discrimination based on sex,
religious basis or on of powers and the balance origin, sect or geographic
discrimination on grounds of between them, the rule of law, location, nor may any activity
gender or origin. and respect for human rights be practiced that is hostile to
and freedoms; all as elaborated democracy, secretive, or which
in the Constitution. possesses a military or quasi-
No political party shall be military nature.
formed that discriminates on Parties may only dissolved by a
the basis of gender, origin or judicial ruling.
religion.


Freedom of Information
Not mentioned Article 47 Article 68
Access to information, data, Information, data, statistics and
documents and statistics, and official documents are owned
the disclosure and circulation by the people. Disclosure
thereof, is a right guaranteed thereof from various sources is
by the state, in a manner that a right guaranteed by the state
does not violate the sanctity of to all citizens. The state shall
private life or the rights of provide and make them
others, and that does not available to citizens with
conflict with national security. transparency. The law shall
The law regulates the rules for organize rules for obtaining
filing and archiving public such, rules of availability and
documents, the means of confidentiality, rules for
access to information, the depositing and preserving such,
means of complaint when and lodging complaints against
access is refused, and the refusals to grant access
consequent accountability. thereto. The law shall specify
penalties for withholding
information or deliberately
providing false information.
State institutions shall deposit
official documents with the
National Library and Archives
once they are no longer in use.
They shall also protect them,
secure them from loss or
damage, and restore and
digitize them using all modern
means and instruments, as per
the law.
Protection from Violations
Not mentioned Article 80 Article 99
Any encroachment on any of Any assault on the personal
the rights and freedoms freedoms or sanctity of the life
guaranteed by the Constitution of citizens, along with other
shall be considered a crime for general rights and freedoms
which criminal and civil lawsuit guaranteed by the Constitution
shall not be forfeited by and the law, is a crime with no
prescription. The State shall statute of limitations for both
grant a fair compensation to civil and criminal proceedings.
the victim of such The injured party may file a
encroachment. criminal suit directly.
The injured party shall have the The state guarantees just
right to lodge a direct criminal compensation for those who
action. have been assaulted. The
The National Council for National Council for Human
Human Rights shall inform the Rights shall inform the
Public Prosecution of any prosecutor's office of any
violation of these rights, may violation of these rights, and
join the injured party in a civil also possesses the right to
action, and may appeal on their enter into an ancillary civil
behalf. lawsuit on the side of the
injured party at its request. This
is as specified within the law.
Torture
Article 42 Article 36 Article 52
Any person arrested, detained Any person arrested, detained All forms of torture are a crime
or his freedom restricted shall or whose freedom is restricted with no statute of limitations.
be treated in such a manner in any way, shall be treated in a
that preserves his human manner preserving human Article 55
dignity. dignity. No physical or moral All those who are
No physical or moral harm shall harm shall be inflicted upon apprehended, detained or have
be inflicted upon him. that person. their freedom restricted shall
He may not be detained or Only places that are humanely be treated in a way that
imprisoned in places other than and hygienically fit, and subject preserves their dignity. They
those defined by laws to judicial supervision, may be may not be tortured,
regulating prisons. used for detention. terrorized, or coerced. They
Any statement proved to have The violation of any of the may not be physically or
been made by a person under above is an offense punishable mentally harmed, or arrested
any of the aforementioned by law. and confined in designated
forms of duress or coercion or Any statement proved to have locations that are appropriate
under the threat thereof, shall been made by a person under according to humanitarian and
be considered invalid and any of the aforementioned health standards. The state
futile. forms of duress or coercion or shall provide means of access
under the threat thereof, shall for those with disabilities.
be considered invalid and Any violation of the above is a
futile. crime and the perpetrator shall
be punished under the law.
The accused possesses the right
to remain silent. Any statement
that is proven to have been
given by the detainee under
pressure of any of that which is
stated above, or the threat of
such, shall be considered null
and void.
The Judiciary
Governing the Judiciary
Article 173 Article 169 Article 185
Every judicial body shall Every judiciary body shall All judicial bodies administer
administer its own affairs. A administer its own affairs; each their own affairs. Each has an
council, comprising chiefs of shall have an independent independent budget, whose
judicial bodies and chaired by budget and be consulted on items are all discussed by the
the President, shall be formed the draft laws governing its House of Representatives. After
to administer their common affairs, by the means that are approving each budget, it is
affairs. The law shall define its regulated by law. incorporated in the state
composition, competencies, budget as a single figure, and
and working modalities. Article 170 their opinion is consulted on
Judges are independent, the draft laws governing their
Article 166 cannot be dismissed, are affairs.
Judges shall be independent, subject to no other authority
subject to no other authority but the law, and are equal in Article 186
but the law. rights and duties. Judges are independent,
No authority may intervene in The conditions and procedures cannot be dismissed, are
cases or in justice affairs. for their appointment and subject to no other authority
disciplinary actions against but the law, and are equal in
Article 167 them are defined and regulated rights and duties. The
The law shall determine by the law. When delegated, conditions and procedures for
judiciary authorities and their their delegation shall be their appointment,
functions, organize the way of absolute, to the destinations secondment, delegation and
their formation, define and in the positions defined by retirement are regulated by the
conditions and procedures for the law, all in a manner that law. It also regulates their
the appointment and transfer preserves the independence of disciplinary accountability.
of their members. the judiciary and the They may not be fully or partly
accomplishment of its duties. delegated except to bodies and
to perform tasks that are
identified by law, provided that
all the foregoing maintains the
independence and impartiality
of the judiciary and judges and
prevents conflicts of interest.
The rights, duties and
guarantees granted to them
are specified by law.
The Supreme Constitutional Court
Article 176 Article 176 Article 193
The law shall regulate the The Supreme Constitutional The Court is made up of a
manner of the formation of the Court is made up of a president president and a sufficient
Supreme Constitutional Court, and ten members. The law number of deputies to the
and define requirements to be determines judicial or other president.
satisfied by its members, rights bodies that shall nominate The Commissioners Authority
and immunities. them and regulates the manner of the Supreme Constitutional
of their appointment and Court is composed of a
requirements to be satisfied by president and a sufficient
them. Appointments take place number of presidents in the
by a decree from the President authority, advisors and
of the Republic. assistant advisors.
The General Assembly chooses
the Court’s President from
among the most senior three
vice-presidents of the court. It
also chooses the vice-
presidents and the members of
its Commissioners Authority,
who are appointed by a decree
from the President of the
Republic. The foregoing takes
place in the manner defined by
the law.
The Public Prosecution
Not mentioned Article 173 Article 189
The Public Prosecution is an The public prosecution is an
integral part of the judiciary, to integral part of the judiciary. It
investigate, press and follow is responsible for investigating,
charges in all criminal cases pressing charges and
except what is exempted by prosecuting all criminal cases
law. Other competencies are except what is exempted by
defined by law. law. The law establishes the
The Public Prosecution is public prosecution’s other
conducted by a Prosecutor competencies.
General appointed by the Public prosecution is carried
President of the Republic, out by a Prosecutor General
based on the selection of the who is selected by the Supreme
Supreme Judicial Council from Judicial Council from among
among the Deputies to the the Deputies to the President
President of the Court of of the Court of Cassation, the
Cassation, the Presidents of the Presidents of the Court of
Court of Appeals and Assistant Appeals or the Assistant
Prosecutor Generals, for a Prosecutor Generals, by virtue
period of four years, or for the of a presidential decree for a
period remaining until period of four years, or for the
retirement age, whichever period remaining until
comes first, and only once retirement age, whichever
during a judge’s career. comes first, and only once
during a judge’s career.
Other Judicial Bodies
Article 172 Article 174 Article 190
The State Council shall be an The State Council is an The State Council is an
independent judiciary body and independent judicial body that independent judicial body that
shall have the competence to exclusively undertakes is exclusively competent to
decide in administrative adjudicating in administrative adjudicate in administrative
disputes, and disciplinary disputes and disputes disputes, disciplinary cases and
actions. pertaining to the appeals, and disputes
The law shall determine its implementation of its pertaining to its decisions. It [is]
other competencies. decisions. It also undertakes also solely competent to issue
disciplinary proceedings and opinions on the legal issues of
appeals, adjudicates in legal bodies to be determined by
issues to be determined by law, law, review and draft bills and
reviews and drafts bills and resolutions of a legislative
resolutions of legislative character, and review draft
character referred to it, and contracts to which the state or
reviews contracts to which the any public entity is a party.
State is a party. Other competencies are to be
Other competencies to be determined by law.
determined by law.
Not mentioned Article 179 Article 196
State Affairs is an independent The State Cases Authority is an
judicial body; it undertakes independent judicial body. It
legal representation of the undertakes the legal
State in disputes, and technical representation of the state in
supervision of legal affairs lawsuits and disputes to which
departments within State the state is party. It may
Administration. propose settling of disputes at
It shall be responsible for the any stage of litigation in
drafting of contracts and the accordance with the law. It also
settling of disputes to which conducts technical supervision
the State is a party, in the [of] the cases undertaken by
manner regulated by law. the departments of legal affairs
Other competencies shall be at the state’s administrative
defined by law. body. It authors the draft
Its members share immunities, contracts referred to it by
securities, rights and duties administrative bodies and to
assigned to other members of which the state is party. The
the judiciary. foregoing is organized by law.
Its other competencies are
defined by law. Its members
have all of the securities, rights
and duties assigned to other
members of the judiciary. Their
disciplinary accountability is
organized by law.
Not mentioned Article 180 Article 197
The Administrative Prosecution The Administrative Prosecution
is an independent judicial body; is an independent judicial body.
it investigates financial and It investigates financial and
administrative irregularities, administrative irregularities,
raises disciplinary proceedings and those referred to it.
before the courts of the State Regarding these irregularities,
Council and follows up on it has the authorities vested in
them, and takes legal action to the administration body to
address deficiencies in public inflict disciplinary penalties.
facilities. Other competencies Challenging its decisions takes
shall be defined by law. place before the competent
Its members share immunities, disciplinary court at the State
securities, rights and duties Council. It also initiates and
assigned to other members of conducts proceedings and
the judiciary. disciplinary appeals before the
State Council courts in
accordance with the law. All
the foregoing is organized by
law.
Other competencies are
defined by law. Its members
share securities, rights and
duties assigned to other
members of the judiciary. Their
disciplinary accountability is
organized by law.


From the World Intellectual Property Organization’s translation of the 1971 Egyptian constitution.

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