Article 237 of the penal code provides that a husband who kills his wife benefits from mitigating circumstances if his wife was caught in sexual act out of marriage. The penal code criminalizes FGM and considers it as an aggravating factor in the crime of causing deliberate physical injury. The child law of 2008 sets the minimum age of marriage in Egypt at 18 years for females and males. However, in “exceptional circumstances”, the judge may approve the marriage of a minor under the age of 18.
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The rapist is penalized regardless of the acceptance to marry the victim. Article 267 of the penal code law No. 58 of 1937 criminalizes rape. Articles 268 and 269 criminalize indecent assaults. Article 291 of the penal code that allowed the rapists to avoid prosecution by marrying their victims, was repealed in 1999.
There is the National Strategy for Combating Violence against Women (2015-2020). The strategy, which was developed by the National Council for Women (NCW), has four areas: prevention, protection, interventions, prosecution, and litigation. The president of Egypt adopted in March 2017 the National Strategy for the Empowerment of Egyptian Women 2030, which includes topics related to combating VAWG. The strategy was developed by the NCW in line with Egypt’s Vision 2030 and its Sustainable Development Strategy.
The strategy has not been budgeted due to the lack of assessment of the cost of some activities and programs to be implemented by different actors. The funding of a detailed operational action plan depends on three sources: the State as a major funder, community contributions, and the private sector and donors, especially since there is a national and international interest in this issue. CSOs advocate for the implementation of the strategy and for the development of the M&E plan.
There is no national health policy that addresses VAWG. However, NCCM has developed a National Strategy for Childhood and Motherhood (2017– 2030) and an Action Plan (2017– 2021). It is also developing a plan to combat violence against children, particularly addressing early marriage and FGM.
Formal channels of reporting systems include police, courts, and departments of Ministry of Interior, NCW, and Women Complaint Office.
The Family Protection Department is mandated to receive every complaint, notification, and request for assistance or protection related to domestic violence. Also, members of law enforcement must accept reports and complaints regarding crimes and promptly send them to the public prosecution pursuant to article 24 of the code of criminal procedure. All actions taken by police officers must be documented in signed reports, showing the time and place of the crime. The same article mandates that police reports must be signed by the witnesses and experts heard by the police and be sent to the public prosecution.
There are also the Family courts which were established by the law No. 10 of 2004 on the establishment of family courts. Family courts have the jurisdiction to hear family cases including divorce, alimony, and custody.
There is no information on how many cases that are acted upon compared to the reported cases. All procedures can be cancelled in case women dropped the complaint and therefore women are under pressure to cancel the complaint and avoid stigma.
No available information.
There are procedures for service providers assisting victims of VAWG. In March 2020, the Ministry of the Interior launched a guide titled “An Effective Police Response to Violence against Women” in cooperation with the United Nations Office on Drugs and Crime.
There are no specific guidelines to identify trafficked women but there is the law No. 64 of 2010 regarding combating human trafficking. Article 22 of the law on the protection of victims says that “the State shall guarantee the protection of the victim and shall work to create the appropriate conditions for their assistance, health, psychological, educational, and social care.”
The law also includes procedures that guarantee the protection of the victims and their rights including the right to physical and mental safety and the right to protect their inviolability. It also says that “the competent court shall take measures to ensure the protection of the victims”. The government also established the National Coordination Committee on Preventing and Combating Illegal Migration (NCCPIM & TIP), which manages inter-ministerial anti-trafficking efforts, initiates more trafficking investigations and prosecutions, and conducts awareness campaigns.
There are no standard governmental procedures and guidelines to identify and prosecute traffickers. The law No. 64 of 2010 regarding combating human trafficking includes punishment for the person who commits human trafficking that reaches life imprisonment (article 6), but it does not include or stipulate on following specific guidelines to identify traffickers.
There are regulations that oblige service providers including those in the health sector to care for and/or refer VAWG victims.
There is a gender focal person in the Ministry of Health for coordination of health sector response for VAWG victims.