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323 06 Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt

Document

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Summary of the Complaint1
Articles Alleged to Have Been Violated2
Prayers2
Procedure3
The Law on Admissibility4
The Complainants' Submissions on Admissibility4
The Respondent State's Submissions on Admissibility4
The African Commission's Analysis on Admissibility5
The Merits6
The Complainants' Submissions on the Merits6
Alleged Violation of Article 16
Alleged Violation of Articles 2 and 36
Alleged Violation of Article 57
Alleged Violation of Articles 7(1)(a) and 267
Alleged Violation of Article 9(2)7
Alleged Violation of Article 16 and 18(3)7
The Respondent State's Submissions on the Merits8
The Complainants' Additional Submissions on the Merits10
The African Commission's Analysis on the Merits11
Alleged Violation of Article 2-Right Against non-discrimination, and Article 18(3)-Right of Non-discrimination Against Women11
Article 3- Right to Equality Before the Law and Equal Protection of the Law16
Alleged Violation of Article 5 (Prohibition of Torture and Cruel, Inhuman and Degrading Treatment)17
Alleged Violation of Article 7(1) (a) and 26 of the African Charter (Right to Fair Trial and Independence of the Courts)19
Alleged Violation of Article 9(2)- Right to Freedom of Expression and Opinion22
Alleged Violation of Article 16- The Right to Health23
Alleged Violation of Article 1-Obligations of Member States24
Decision of the African Commission25

323 06 Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt

Document

Preview

Type of Document

Decision

Keywords

Civil and Political Rights
Corruption
Damages and Compensation
Discrimination
Divorce
Equality
Exhaustion of Local Remedies
Freedom of Expression
Freedom of Opinion
Judicial Independence
Police Brutality and Offences
Protection of Family and Vulnerable Groups
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Right to Health
Right to Life
Right to Property
Right to Work
Sexual and Gender Based Violence
Sexual Offences
Torture and Ill Treatment
Transitional Justice
Women's Rights
إقامة العدل
المقبولية

Country

Egypt

Outcome: Decided on Merits

Year Decided: 16 ديسمبر 2011

Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 16 : Right to Health
ACHPR 18.3 : Protection of the Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law

Rights Violated

ACHPR 1 - General Obligations
ACHPR 16.1 : Right to Enjoy the Best Attainable State of Physical and Mental Health
ACHPR 18.3 : Protection of the Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law

Rights Not Violated

ACHPR 16.2: Protection of health
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Duration of Proceduretest

18 مايو 2006 ~ 16 ديسمبر 2011

Country Geolocation

خط العرض: 26.820553

خط الطول: 30.802498

Country Geolocation (مرتبط Document): Egypt

المستندات الأولية

323-06 Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt.pdf
English
تحميل عرض
323-06 Iniciativa Egípcia para os Direitos Pessoais & INTERIGHTS v Egito.pdf
Portuguese
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تحميل عرض

Banjul charter

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the la

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Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

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Banjul charter

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Banjul charter

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

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Banjul charter

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Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

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Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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rticle 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs

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Banjul charter

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

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147 95 149 96 Sir Dawda K. Jawara Gambia (The)

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Banjul charter

15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

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Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

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Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

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Achpr instr proto women eng

cle 1DefinitionsFor the purpose of the present Protocol:a)"African Charter" means the African Charter on Human and Peoples' Rights; b)"African Commission" means the African Commission on Human and Peoples' Rights;c)"Assembly" means the Assembly of Heads of State and Government of the African Union;d)“AU” means the African Union;e)‘‘Constitutive Act’’ means the Constitutive Act of the African Union;f)"Discrimination against women" means any distinction, exclusion or restriction or any differential treatment based on sex and whose objectives or effects compromise or destroy the recognition, enjoyment or the exercise by 4women, regardless of their marital status, of human rights and fundamental freedoms in all spheres of life;g)"Harmful Practices" means all behaviour, attitudes and/or practices which negatively affect the fundamental rights of women and girls, such as their right to life, health, dignity, education and physical integrity;h)‘‘NEPAD’’ means the New Partnership for Africa’s Development established by the Assembly; i)"States Parties" means the States Parties to this Protocol;j)"Violence against women" means all acts perpetrated against women which cause or could cause them physical, sexual, psychological, and economic harm, including the threat to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situations of armed conflicts or of war;k)“Women” means persons of female gender, including girls

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Achpr instr proto women eng

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CEDAW

Article 6 States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women. PART II Article 7 States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) To vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; (c) To participate in non-governmental organizations and associations concerned with the public and political life of the country

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Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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TFA decision ACERWC

Egyptian Initiative for Personal Rights & INTERIGHTS vEgypt, Communication No 323/06,ACHPR, para 163

ACERWC Decision on Communication

TFA decision ACERWC

„Failure to investigate effectively, with an outcome that will bring the perpetrators to justice, shows lack of commitment to take appropriate action bythe State, especially when this lack of commitment is buttressed by excuses such as lack of sufficient information to carry out a proper investigation. Furthermore, failure to investigate compromises an international responsibility on the part of the Respondent State, both in the case of crimes committed by agents of the State and those committed by private individuals.‟1

ACERWC Decision on Communication

Banjul charter

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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294 04 ZLHR and IHRDA on behalf of Andrew Meldrum v Zimbabwe

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3Article 31.Every individual shall be equal before the law

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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236 00 Curtis Francis Doebbler Sudan

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136. Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998)

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97 93 14AR John K. Modise Botswana

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97 93 14AR John K. Modise Botswana

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97 93 14AR John K. Modise Botswana

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CEDAW

Article 13 States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural lif

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Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

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245 02 Zimbabwe Human Rights NGO Forum Zimbabwe

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rticle 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

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54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

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147 95 149 96 Sir Dawda K. Jawara Gambia (The)

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Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health

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Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health

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rticle 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health

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Banjul charter

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rticle 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health

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Rules of Procedure of the African Commission

Rule 112 Follow-up on the recommendations of the CommissionAfter the consideration of the 1. Commission’s Activity Report by the Assembly, the Secretary shall notify the parties within thirty (30) days that they may disseminate the decision. In the event of a decision against a 2. State Party, the parties shall inform the Commission in writing, within one hundred and eighty (180) days of being informed of the decision in accordance with paragraph one, of all measures, if any, taken or being taken by the State Party to implement the decision of the Commission.

ACmHPR Soft Law

Rules of Procedure of the African Commission

ACmHPR Soft Law

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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لا تسمية4
- Document1
- ACERWC Decision on Communication3
Treaties and softlaw only124
- Treaty119
- UN Document2
- Document1
- ACmHPR Soft Law2
Cases Referenced9
- Document9
Geolocation1
- Countries geolocation1

Create Reference

اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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