Egypt

The Convention has been ratified. However, Egypt has reservations about the following articles:

1. Article 2 relating to policy measures regarding the elimination of discrimination against women.
2. Article 16 relating to equality between women and men in all matters relating to marriage and family relations.
3. Article 29 relating to the administration of the Convention and arbitration in the event of a dispute over the application of treaty provisions.

1. the Egyptian Constitution acknowledges the commitment to international treaties. Article 93 affirms the State’s commitment to the agreements, covenants, and that international convention of human rights, that have been ratified by Egypt, shall have the force of law after publication in accordance with the specified circumstances. At the same time, article 2 of the Constitution states that the principles of Islamic Sharia are the principal source of legislation which makes CEDAW provisions non applicable if they contradict Sharia’s principles.
2. the Constitution prohibits discrimination based on sex or gender. Article 53 prohibits forms of discrimination, including based on sex or gender.
3. the Constitution includes specific provisions on women’s rights and gender equality. Article 11 addresses the rights of women. It includes the State commitment to “achieving equality between women and men in all civil, political, economic, social, and cultural rights”.
4. the Constitution adopts affirmative measures to realize the participation of women. However, not in parity as only 25% of the seats is reserved for women and only on the municipal level, not at the level of the legislative authority, People’s Assembly.

The main laws that are not in line with international obligations pertaining to women rights are as follows:

1. The penal code does not criminalize marital rape.
2. Article 237 of the penal code provides that a man who surprises his wife committing a sexual act out of marriage, and who kills her and the person involved in the sexual act with her, benefits from a reduced penalty.
3. Articles 17 and 60 of the penal code also enable a judge to provide leniency for honour crimes.
4. Articles 260–264 of the penal code prohibit abortion, including for women who have been raped.
5. Articles 237, 273, 274–277 of the penal code consider sexual acts out of marriage an offence.
6. The penal code prohibits prostitution, but it does not ensure protection of prostituted women while penalizing the client.
7. The personal status law for Muslims does not ensure equal rights between women and men during marriage and divorce relating to:
   · Polygamy: Polygamy is allowed.
   · Guardianship: Fathers are the sole guardians of their children.
   · Inheritance: The inheritance, which is based on Sharia rules, provides that women’s share of inheritance is less than men’s.
8. · Divorce: Men have a right to divorce by repudiation without resorting to the court while women have access to limited types of divorce that can only be obtained from a court.
9. The labour law does not ensure the same rights for women and men in work and puts more restrictions on women employment.

There is no comprehensive law that criminalizes all forms of VAWG. Some forms are criminalized under different laws. Sexual harassment in the public space and in the workplace, rape and FGM are criminalized under the penal code.

Other forms of VAWG that are not comprehensively criminalized include: marital rape, early marriage, polygamy, inequality between men and women in inheritance, “honour” crimes. Sexual harassment in the workplace is not addressed in the labour law.

There is no specific law addressing VAWG comprehensively. Main laws relevant to combating the different forms of VAWG include: the penal code No. 58 of 1937 and its amendments, most recently the amendment by the law No. 5 of 2018, the law No. 154 of 2004 amending the nationality law No. 26 of 1975, the law No. 10 of 2004 on the establishment of family courts, the combating human trafficking law, No. 64 of 2010.

There is no specific definition of VAWG in the Egyptian legislation. Some forms of VAWG are defined under the penal code.

The parliament does not perform oversight role on public legal awareness on laws of VAWG.

The Constitution and the law include the right to legal assistance for those without means but not specifically for women victims of VAWG.

The right to sexual and reproductive health is guaranteed by laws. However, abortion is illegal.

The protection of women and girls from abusive partners during marriage and divorce remains incomplete in the existing laws.

1. The penal code does not criminalize marital rape and does not ensure punishment for all offences of domestic violence.
2. Article 237 of penal code provides that a man who surprises his wife committing sexual acts out of marriage and who kills her benefits from a reduced penalty.
3. Articles 260–264 of the penal code prohibit abortion, including for women who have been raped.
4. The personal status law for Muslims provides that men have a right to divorce by repudiation without resorting to the court while women have access to limited types of divorce that can only be obtained from a court.
5. The personal status law for Muslims permits polygamy.
6. Under the personal status law, fathers are the sole guardians of their children.
7. The inheritance, which is based on Sharia rules, does not guarantee the same rights for women and men.

There is no legal framework offering women legal protection from marital rape.

Law No. 50 of 2014 amended the penal code articles 306 (a) and 306 (b) to introduce penalties for sexual harassment in the public space, including imprisonment which provides that individuals who carry out sexual or “obscene gestures” in any manner, including by modern means of communication, will be punished with a term of imprisonment or a fine. The labour law does not prohibit sexual harassment in the work place.