In Egypt, two sets of laws relate to domestic violence: ratified international agreements and domestic laws.
Ratified international agreements
From an international law standpoint, Egypt has ratified the following conventions:
United Nations
The Convention on the Elimination of All Forms of Discrimination Against Women[1]
Signed: 16 July1980
Ratified: 18 September 1981
Reservations made upon signature and confirmed upon ratification:
Egypt withdrew its reservation to Article 9(2) in 2004 after amending Nationality Law No. 26 of 1975, amended by Law No. 154 of 2004 to remove discrimination against women in passing nationality to their children.
United Nations
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Ratified: 1986
African Union
African Charter on Human and People's Rights[2]
Signed: November 1981
Ratified: March 1984
Egypt has not signed the protocol to the charter relating to the rights of women (Maputo Protocol).[3]
Domestic lawsFrom a local standpoint, the main domestic legislation that governs gender equality and protection against gender-based violence can be classified as follows:
1. Domestic laws
2. Egypt's Constitution of 2014
The Constitution of Egypt 2014 ("Constitution") addresses women's issues in a more comprehensive way than it had previously. The preamble states that the Constitution ensures equality in rights and duties with no discrimination. The Constitution includes more than 20 articles that address women directly, including ensuring equal opportunities for women, the prevention of discrimination against them, protection against all forms of violence, and ensuring women's empowerment and care for women and girls at various stages of their lives.
Egypt is a civil law country and it does not have a system of precedents as in other countries. The most persuasive and authoritative are the decisions of the Court of Cassation. The Court of Cassation's decisions consistently confirm that any harm sustained by a wife would be punishable under the law. See the following Court of Cassation decision numbers: 18555 of Judicial Year 73; 6848 of Judicial Year 63; 520 of Judicial Year 51 where the court has repeatedly stated that any physical harm sustained by a wife would be punishable under the law.
Generally, Egypt adopts "specialized courts" to address disputes involving a specific area of law. For instance, family courts were established as a specialized court by Law No. 10 of 2004, where such courts handle issues pertaining to personal status and adjudicate all family disputes; whereas child courts were established as autonomous courts with specialized jurisdiction. Each governorate has a child court.
Considering the sensitivity and complexity in dealing with juvenile delinquency, the Child Law created a specialized prosecution department to handle these matters if a child has allegedly committed any crime. Further, there are several support offices for women in courts of first instance as the Ministry of Justice declared that the empowerment of women is its top priority. Initiatives have been taken to fight violence against women by facilitating women's access to the justice system and providing them with free legal assistance and legal representation.
However, for cases involving domestic violence (physical violence), the judges presiding over courts in certain districts have issued decisions to establish specialized courts for domestic violence against women. Therefore, these courts are the competent courts to review those cases.
Causes of action include physical injury or threat thereof of the wife or the children and others, as stated in the below response under Section 5.5.
The following are the means by which a claim may be brought:
The strategy has four themes: