Section 6. Discrimination and Societal Abuses
Rape and Domestic Violence: The law criminalizes rape, prescribing penalties of 15 to 25 years’ imprisonment, or life imprisonment for cases of rape involving armed abduction. Spousal rape is not illegal. The government improved its enforcement of the law. Civil society organizations reported instances of police pressuring survivors not to pursue charges.
On April 11, the Cairo Criminal Court convicted Ahmed Bassam Zaki and sentenced him to eight years’ total imprisonment – seven years for sexual assault on three minor girls and one year for drug use. The court acquitted Zaki of violating the privacy of survivors, threatening survivors, and abusing social media and telecommunications. The Cairo Economic Court convicted Zaki in a separate case in December 2020 for misuse of social media and sexual assault and sentenced him to three years in prison with labor. On March 15, an appeals court heard Zaki’s appeal in this separate case, but a decision had not been reported by year’s end. Zaki’s July 2020 arrest, after more than 50 women accused him online of rape, sexual assault, and harassment dating back to 2016, gave rise to what media referred to as the country’s #MeToo movement.
On May 11, the Public Prosecution announced that none of the men it ordered arrested in 2020 for allegedly gang raping a woman at the Fairmont Nile City hotel in 2014 would be tried, due to a “lack of evidence,” and that it had released the men it detained in the case. Prosecutors pointed to a six-year lag between the incident and its being reported, the difficulty in identifying individuals based on photographs made available, the inability of the prosecution to access a video clip of the rape, and inconsistent and recanted testimony as factors that impaired efforts to bring the case to trial. In a separate rape case, the North Cairo Criminal Court on November 9 sentenced two of the defendants released in the Fairmont Nile City case to life in prison and a third to 15 years in prison. On August 10, the Shubra El-Kheima Criminal Court sentenced a doctor to seven years in prison for drugging and sexually assaulting a schoolteacher receiving treatment at his clinic.
Domestic violence was a significant problem. The law does not prohibit domestic violence or spousal abuse, but authorities may apply provisions relating to assault with accompanying penalties. The law requires that an assault survivor produce multiple eyewitnesses, a difficult condition for domestic abuse survivor. Police often treated domestic violence as a family matter rather than as a criminal matter.
The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The NCW was responsible for coordinating government and civil society efforts to empower women. In September the prime minister issued a decree to establish the country’s first integrated governorate-level units to serve survivors of violence. These units are mandated to coordinate and improve integrated survivor-centered services to women. An NCW study found that approximately 1.5 million women reported domestic violence each year. According to NCW and UNICEF data, the COVID-19 pandemic increased the risks of violence and economic hardships for women.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, and the government strengthened legislation banning the practice, but it remained a serious problem. Although declining, FGM/C continued to be widely practiced. The prevalence, however, was reportedly much higher among older age groups. Type 3 FGM/C (infibulation) was more prevalent in the South (Aswan and Nubia), and in some cases was associated with difficulty in giving birth, obstructed labor, and higher rates of neonatal mortality. The government enlisted the support of religious leaders to combat cultural acceptance of FGM/C and encourage family planning. According to international and local observers, the government took steps to enforce the FGM/C law. In 2019 the government formed a national task force to end FGM/C, led by the National Council for Women and the National Council for Childhood and Motherhood.
On April 28, President Sisi ratified amendments to the penal code that increase FGM/C minimum sentences from one to 15 years to five to 20 years in prison, removed the “medical exception” in the law, introduced bans for medical providers and medical institutions from providing medical services for a period after involvement in the crime, and extended criminal liability to anyone supporting the crime, including family members of the survivor. On March 28, a local human rights organization said the extended criminal liability to anyone involved in the crime could inhibit some survivors and family members from reporting the crime due to fear their relatives might be arrested.
According to local media reports, authorities arrested a father and a retired nurse on February 2 after they allegedly conducted FGM/C on a 15-year-old girl at her home in a poor district in Qalyoubia Governorate. The father took his daughter, who suffered severe complications, to a nearby hospital, where the attending physician reported the incident to the Public Prosecution, resulting in the two arrests. National Council for Women head Maya Morsi praised the quick action of authorities and called on parliament to quickly pass draft legislation (formally introduced on January 24 and ratified April 28), to sharpen the FGM/C penalties.
On September 25, using the new FGM/C law, a criminal court sentenced a nurse to 10 years in prison, the longest sentence ever given in the country for FGM/C. In the same case, the court also sentenced the father to three years in prison for subjecting his eight-year-old daughter to FGM/C.
On October 13, the Public Prosecution detained a doctor who reportedly performed FGM/C operations in Beni Suef pending investigation and released the mother of an FGM/C survivor on bail.
Other Harmful Traditional Practices: The law allows leniency towards men who kill their wives upon discovering them in an act of adultery. The law does not specifically address “honor” crimes, which authorities treated as any other crime. In January a local NGO said there were at least 14 “honor killings” in the country in 2020. In March local media reported that the Cairo Criminal Court sentenced a man to five years in prison for killing his sister because he believed she committed “inappropriate” and “suspicious” acts. On May 9, a court in Abbasiya sentenced three defendants to 10 years in prison for the death of a female doctor who was thrown to her death from the balcony in her Cairo apartment after she invited a man to her apartment. On November 17, an Assiut criminal court sentenced a man to three years in prison for killing his mother after a video reportedly showed her in an “immoral relationship” with another person.
Sexual Harassment: While the government took several steps to prevent sexual harassment, it remained a serious problem. On August 18, the president ratified amendments to the penal code that upgrade sexual harassment to a felony offense, increase minimum sentences to two to seven years in prison (up from six months to five years), increase minimum fines, and add a provision that repeat offenders may face double the prison time. On October 17, under the new amendments, a misdemeanor court sentenced a young man accused of harassing a girl at a Cairo Metro station to three years and six months in prison.
Media and NGOs reported that sexual harassment by police was also a problem and that the potential for further harassment, lengthy legal procedures, and lack of survivor protections further discouraged women from filing complaints. On November 9, the North Cairo Criminal Court sentenced physician Michael Fahmy to life imprisonment for forcibly molesting six girls inside his clinic. The court acquitted his wife. Charges against the two included the kidnapping of six girls by luring them to his residence and a private clinic and making them believe that they needed “special treatment and examination.” Some survivors spoke out regarding harassment on social media in September 2020.
On July 15, the Cairo Criminal Court sentenced dentist Bassem Samir to 16 years in prison for sexual harassment and misconduct against male patients and visitors to his clinic, including actor Abbas Aboul Hassan and singer Tameem Youness.
On October 31, the Mansoura Economic Misdemeanors Court convicted two lawyers for defamation of and threats against the survivor of mass harassment in Mit Ghamr in December 2020. One lawyer was sentenced to two years in prison and a fine, and the other lawyer to six months in prison and a fine. Media reported the two lawyers published videos and personal photographs of the survivor with the aim of threatening her to change her statements against their clients, who were accused of sexual assault but acquitted by the Mansoura Criminal Court on March 21 on a procedural error. On March 23, local media quoted the survivor saying during the trial that she was threatened with murder, maiming, and rape. The prosecution appealed the verdict on May 17 that acquitted the seven defendants.
Reproductive Rights: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities. There were no reports regarding the ability of vulnerable populations (individuals with disabilities, members of minorities, etc.) to provide informed consent to medical treatment affecting reproductive health, including for sterilization.
The Ministry of Health and Population distributed contraception and assigned personnel to attend births, offer postpartum care to mothers and children, and provide treatment for sexually transmitted diseases at minimal or no cost. The government also did not restrict family-planning decisions. Gender norms and social, cultural, economic, and religious barriers inhibited some women’s ability to make reproductive decisions and to access contraceptives. Some women lacked access to information on reproductive health, and the limited availability of female health-care providers reduced access to skilled health attendance during pregnancy and childbirth, in view of the preference many women had for female health-care providers for social and religious reasons.
There was limited information on government assistance to survivors of sexual assault, including whether emergency contraception was available as part of clinical management of rape.
Discrimination: The constitution provides for equal rights for male and female citizens. While the government took steps to improve their situation, women did not enjoy the same legal rights and opportunities as men, and discrimination was widespread. Aspects of the law and traditional societal practices disadvantaged women in family, social, and economic life.
Women faced widespread societal discrimination, threats to their physical security, and workplace bias in favor of men, thus hindering women’s social and economic advancement.
Laws affecting marriage and personal status generally corresponded to an individual’s religious group. A female Muslim citizen cannot legally marry a non-Muslim man. If she were to do so, authorities could charge her with adultery and consider her children illegitimate. Under the government’s interpretation of Islamic law, any children from such a marriage could be placed in the custody of a male Muslim guardian. Khula (divorce) allows a Muslim woman to obtain a divorce without her husband’s consent, provided she forgoes all her financial rights, including alimony, dowry, and other benefits. The Coptic Orthodox Church permits divorce only in rare circumstances, such as adultery or conversion of one spouse to another religion. Other Christian churches permitted divorce on a case-by-case basis.
On January 3, the Supreme Constitutional Court ruled that the penal code unconstitutionally discriminates against women by stipulating longer prison terms for adultery for women, in hearing the appeal of a women sentenced to two years in prison for adultery.
The law follows sharia in matters of inheritance; therefore, a Muslim female heir generally receives one-half the amount of a male heir’s inheritance, and Christian widows of Muslims have no inheritance rights. A sole Muslim female heir receives one-half her parents’ estate, and the balance goes to the siblings of the parents or the children of the siblings if the siblings are deceased. A sole male heir inherits his parents’ entire estate.
In marriage and divorce cases, a woman’s testimony must be judged credible to be admissible. Usually, the woman accomplishes credibility by conveying her testimony through an adult male relative or representative. The law assumes a man’s testimony is credible unless proven otherwise.
In a June 2 meeting with top judicial figures, President Sisi announced that for the first time in the country’s history women would be allowed to work at the State Council and the Public Prosecution, starting on October 1. He also announced that the State Lawsuits Authority would be required to state a reason for rejecting any judicial applicants, and that personnel of the same rank in the State Council, Administrative Prosecution, State Lawsuits Authority, and judiciary would receive the same financial entitlements, including equal wages. A local NGO said in a Facebook statement on August 22 that the Supreme Judicial Council approved the prosecutor general’s request to transfer 11 female judges, including one Copt, to work in the Public Prosecution for the judicial year from September until September 2022.
The constitution states all citizens “are equal in rights, freedoms, and general duties without discrimination based on religion, belief, gender, origin, race, color, language, disability, social class, political or geographic affiliation, or any other reason.” It does not specify age, citizenship, sexual orientation, gender identity, or HIV-positive or other communicable disease status. The main groups facing racial or ethnic violence and discrimination included Nubians and Bedouins.
Nubians are indigenous to northern Sudan and the south of the country. Population estimates for this ethnolinguistic group ranged from 100,000, according to a government census in the early 1960s, to approximately four million in other estimates.
Although positive steps regarding compensation reportedly were made for the damage Nubians suffered because of the building of the Aswan Low Dam in 1902 and later the construction of the Aswan High Dam, completed in 1971, no land return had occurred as of year’s end.
During the year the government provided compensation to a limited number of Nubians (11,500 according to government estimates). Nubian activists complained compensation was disbursed only to those who provided documents proving their properties had been destroyed.
Conflict and war in the Sinai Peninsula over decades contributed to the disruption of the lives of Bedouin there.
The country also hosted approximately 6.3 million migrants, according to 2020 estimates from the International Organization for Migration. More than half of the migrants were from Sudan and South Sudan, where conflicts continued to displace tens of thousands of persons annually. Migrants reported incidents of racial insults and sexual harassment due to their skin color.
In October 2020 the killing of a 12-year-old Sudanese boy, Mohamed Hassan, by a local man led to large protests, which security forces dispersed using tear gas and a water cannon and reportedly arrested 70 Sudanese refugees and migrants. The local man was later arrested and convicted of murdering the boy.
Birth Registration: Children derive citizenship through their parents. The mother or the father transmits citizenship and nationality. The government attempted to register all births soon after delivery, but some citizens in remote and tribal areas such as the Sinai Peninsula registered births late or could not document their citizenship. In some cases failure to register resulted in denial of public services, particularly in urban areas where most services required presentation of a national identification card.
On March 29, local media reported that a mother was pursuing a paternity lawsuit she filed in July 2020 to receive a birth certificate for her daughter conceived through rape. The report added that the woman needed to file a lawsuit, since the law requires the names of both biological parents and the biological father had refused to acknowledge his paternity.
On June 19, the Supreme Administrative Court in Alexandria issued a final verdict ruling that a wife has the right to obtain a birth certificate for her child without the husband’s presence if she submits an official marriage contract and her husband’s data. The ruling came in response to a lawsuit filed by a woman whose husband claimed that evidence for the birth certificate could only come from him.
Education: Education is compulsory, free, and universal until the ninth grade. The law provides this benefit to stateless persons and refugees. Public schools enrolled Syrian, Yemeni, Sudanese, and South Sudanese refugees. Refugees of other nationalities often chose not to attend public schools because of administrative barriers, discrimination and bullying, and preferences for English-language instruction or for other curricula.
Child Abuse: The constitution stipulates the government shall protect children from all forms of violence, abuse, mistreatment, and commercial and sexual exploitation. According to a local rights group, authorities recorded hundreds of cases of alleged child abuse each month. The National Council for Childhood and Motherhood, which operated a telephone hotline, worked on child abuse matters, and several civil society organizations assisted runaway and abandoned children.
Rights organizations reported children faced mistreatment in detention, including torture, sharing cells with adults, denial of their right to counsel, and authorities’ failure to notify their families. Media reported that six detained children died and 19 were seriously injured in a fire that broke out on June 3 during a fight between detained minors inside a juvenile detention center in Cairo Governorate. Local media reported that on June 7, the Public Prosecution ordered the detention pending investigation of four members of the center’s management, who were later sentenced by a lower court and then acquitted by an appellate court on December 27.
Child, Early, and Forced Marriage: The legal age of marriage is 18. A government study published in March 2020 reported that 2.5 percent of the population in Upper Egypt governorates were married between the ages of 15 and 17, and the percentage of girls in that age group who had previously been married exceeded that of boys. Informal marriages could lead to contested paternity and leave female minors without alimony and other claims available to women with registered marriages. Families reportedly sometimes forced adolescent girls to marry wealthy foreign men in what were known locally as “tourism” or “summer” marriages for the purpose of sexual exploitation, prostitution, or forced labor. According to the law, a foreign man who wants to marry a local woman more than 25 years younger than he must pay her 50,000 EGP ($3,030). Women’s rights organizations argued that allowing foreign men to pay a fine to marry much younger women represented a form of trafficking and encouragement of child marriage. They called on the government to eliminate the system.
The National Council for Childhood and Motherhood and governorate child protection units identified several attempted child marriages. In an April 4 statement, the council said it had identified an attempt by parents to marry their daughter, age 15, in Minya Governorate based on an April 3 citizen notification to the council’s hotline. The statement added that the girl’s parents had subsequently signed an affidavit with the girl’s fiance promising to not complete the marriage until the girl was 18 and agreeing to periodic government-led counseling sessions regarding the negative effects of child marriage and verification that the marriage would not be completed before the promised date.
On May 8 and August 10, local media reported that the Dar al-Salam child protection unit in Sohag Governorate identified a total of 11 attempts by several parents to marry their minor children, several reported through the National Council for Childhood and Motherhood hotline. The reports added that the parents of the minors subsequently signed affidavits agreeing to not complete the marriages until the minors reached the age of 18.
On March 10, the child protection unit at the Akhmeem Center in Sohag announced it had stopped a marriage of a minor in the village of al-Sawamah Sharq after receiving a report that a person was preparing to marry off his 16-year-old sister.
Sexual Exploitation of Children: The law provides for sentences of not less than five years’ imprisonment and fines for conviction of commercial sexual exploitation of children and child pornography. The government did not adequately enforce the law. The minimum age for consensual sex is age 18.
On May 24, the Giza Criminal Court sentenced four defendants to prison for the May 2020 sexual assault against Tik Tok influencer Menna Abdel Aziz, a minor. The first defendant was sentenced to 11 years in prison for rape under threat, kidnapping with fraud and coercion, drug use, and breaking the COVID-19 curfew. The second defendant was sentenced to nine years in prison for indecent assault by force and threat, possession of a weapon, beating the survivor, theft, drug possession, and violating the COVID-19 curfew. The third defendant was sentenced to eight years in prison for indecent assault, violating the survivor’s privacy by publishing a video without her consent, beating the survivor, theft, and drug possession. The fourth defendant was sentenced to four years in prison for theft and drug possession. On May 24, a local human rights organization said that the Public Prosecution should have protected Abdel Aziz from the beginning instead of arresting and detaining her for 114 days after the May 2020 incident, when Abdel Aziz claimed in a social media video that an acquaintance and others had sexually assaulted her.
On April 27, a Cairo criminal court sentenced a man to 10 years in prison for sexually assaulting a minor girl in Maadi. According to local media, the man lured the girl, who was selling tissues in the street in Maadi, into a residential building where he committed the crime.
Displaced Children: The Central Agency for Public Mobilization and Statistics estimated in 2014 there were 16,000 homeless children in the country living in the streets. More recent data was not available, but experts estimated that up to two million children were on the streets. The ministry offered shelters to street children, but many chose not to use them because staff reportedly treated the children as if they were criminals, according to local rights groups. According to rights groups, the incidence of violence, prostitution, and drug dealing in these shelters was high. Religious institutions and NGOs provided services for street children, including meals, clothing, and literacy classes. The Ministry of Health and Population provided mobile health clinics staffed by nurses and social workers. The Ministry of Social Solidarity also provided 17 mobile units in 10 governorates that offered emergency services, including food and health care, to street children. The National Council for Childhood and Motherhood in cooperation with UN Office on Drugs and Crime implemented targeted interventions to reduce drug abuse by displaced children by training social workers and police officers on problem identification and treatment options. The program also worked to shift the perception of displaced children by authorities and service providers from criminals to survivors.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.
The country’s Jewish community reportedly numbered as few as 10 individuals.
On March 9, the Jerusalem Post reported that the Ministry of Education approved a school subject that allows children to study verses from Jewish scripture.
On June 22, the Anti-Defamation League (ADL) said that school textbooks contained both positive and negative information regarding Jews. There were also isolated reports of anti-Semitic comments and examination questions in classrooms. The ADL also reported that a broad array of anti-Semitic books was displayed by exhibitors at the annual, state-run Cairo International Book Fair.
See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.
The government’s interagency National Coordinating Committee for Preventing and Combating Illegal Migration and Trafficking in Persons reported that between April 2020 and March 31 the Interior Ministry processed eight criminal cases for organ trafficking with 29 defendants and 39 victims.
The constitution states persons with disabilities are equal without discrimination before the law. The law prohibits discrimination in education, employment, health, political activity, rehabilitation, training, and legal protection. On December 23, President Sisi ratified new amendments to the law that stipulate a prison sentence of no less than two years, a fine, or both for bullying persons with disabilities, with prison terms and fines doubled for repeat offenders. Persons with disabilities do not have access on an equal basis with others to education, health services, public buildings and transportation. The new National Human Rights Strategy included a section on the rights for persons with disabilities. The strategy calls for helping persons with disabilities enjoy all rights under the law and calls for increased medical and educational services for persons with disabilities.
The law provides for persons with disabilities to gain access to vocational training and employment. Government policy sets a quota for employing 5 percent of workers with disabilities for companies with more than 50 employees. Authorities did not enforce the quota requirement, and companies often had persons with disabilities on their payroll to meet the quota without employing them. Government-operated treatment centers for persons with disabilities, especially children, were of poor quality.
The National Council for People with Disabilities, an independent body, aimed to promote, develop, and protect the rights of persons with disabilities and their constitutional dignity. The council signed a cooperation protocol with the Justice Ministry to address the rights of persons with disabilities and to train employees in the government on how to help persons with hearing disabilities.
Persons with disabilities rode government-owned mass transit buses without charge, but the buses were not wheelchair accessible. Persons with disabilities received subsidies to purchase household products, wheelchairs, and prosthetic devices. Some children with disabilities attended schools with their nondisabled peers while others attended segregated schools. Some of the segregated institutions were informal schools run by NGOs. Some parents of children with disabilities complained on social media of the lack of experience of teacher assistants assigned to help their children.
On May 5, local media reported that EgyptAir announced a 20 percent discount for passengers with disabilities on international flights and a 10 percent discount to their flight companions.
On May 11, local media reported that the National Telecom Regulatory Authority announced a 50 percent discount for customers with disabilities on their monthly voice and internet packages.
On August 29, local media reported that the minister of social solidarity announced the addition of sign language to the state-run digital platform to raise awareness for youth regarding marriage.
On September 3 and November 16, the UN special rapporteur on human rights defenders issued official statements of concern regarding the continued pretrial detention of university student Oqaba Alaa Labib Hashad, who she said was unable to walk without his prosthetic limb. The November 16 statement reported Hashad was arrested in 2019 and was allegedly subjected to physical and psychological torture, including being suspended from a ceiling and subjected to electric shocks. The statement said that a prison investigator reportedly took Hashad’s prosthetic leg in January in retaliation for a human rights report his exiled brother had published. The statement added that Hashad was held in solitary confinement without family visits for three months after he complained on March 5 of the lack of his prosthetic leg.
HIV and AIDS Social Stigma
HIV-positive individuals faced significant social stigma and discrimination in society and the workplace. The health-care system provided anonymous counseling and testing for HIV, free adult and pediatric antiretroviral therapy, and support groups.
Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity
While the law does not explicitly criminalize consensual same-sex sexual activity, lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) persons were arrested and prosecuted on charges such as “debauchery,” “prostitution,” and “violating family values,” for which the law provides for prison sentences of up to 10 years. According to a local rights group, there were more than 250 reports of such arrests since 2013. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTQI+ individuals or to avoid arrest. There were reports that authorities used social media, dating websites, and mobile phone apps to entrap persons they suspected of being gay or transgender, a method LGBTQI+ advocates described as especially effective since LGBTQI+-friendly public spaces had largely closed in recent years. Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations, which rights groups indicated primarily targeted LGBTQI+ individuals. The law allows for conducting forced anal exams in cases of “debauchery.”
Authorities did not use antidiscrimination laws to protect LGBTQI+ individuals. Legal discrimination and social stigma impeded LGBTQI+ persons from organizing or advocating publicly in defense of their rights. Information was not available on discrimination in employment, occupation, housing, statelessness, or access to education or health care based on sexual orientation and gender identity. There were no government efforts to address potential discrimination. There were reports of arrests and harassment of LGBTQI+ individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. The government has the authority to deport or bar entry to the country of LGBTQI+ foreigners.
The Egyptian Medical Syndicate allows for gender-affirming treatment with approval by a special committee composed of medical doctors and al-Azhar clergy, according to international media citing a local LGBTQI+ activist on February 6. The committee relies on a fatwa that stipulates gender affirming treatment must be “medically necessary” and justified by a “biological,” not a “mental” matter. According to Human Rights Watch, the surgery was allowed only for intersex persons, which left transgender individuals to seek treatment from unregulated and often unsafe clinics. On August 26, according to Human Rights Watch, Ezz Eldin, a 26-year-old transgender man, bled to death following surgery in an underground clinic.
On May 6, border guards prevented two transgender Israelis from entering Sinai for tourism because they did not appear to belong to the sex listed in their passports.
According to a LGBTQI+ rights organization 2020 annual report issued in January, authorities arrested 25 LGBTQI+ individuals in 2020 and conducted forced anal exams on six persons.
The law prohibits discrimination on any grounds. Nevertheless, dark-skinned citizens, Sudanese refugees, and other sub-Saharan Africans faced discrimination and harassment, as did Nubians from Upper Egypt.