Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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 victims not to pursue charges.
On July 4, authorities arrested Ahmed Bassam Zaki after more than 50 women accused him online of rape, sexual assault, and harassment dating back to 2016. On July 8, the prosecution ordered his pretrial detention for 15 days pending investigations on charges that included attempted rape and sexual assault. Zaki faced charges of statutory rape, sexual harassment, and blackmail in an October 10 trial session; the court was scheduled to reconvene in January 2021. On December 29, the Cairo Economic Court convicted Zaki of misuse of social media and using social media for sexual assault and sentenced him to three years’ imprisonment with labor. These allegations gave rise to what media referred to as Egypt’s #MeToo movement.
On July 21, a Qena criminal court sentenced three defendants to death after convicting them of kidnapping and raping a young woman from Farshout in Qena Governorate in 2018. A local NGO said on July 22 that the victim received threats from the families of the defendants hours after the verdict was issued and after she discussed the rape on television two weeks prior to the ruling.
On July 31, media reported that the administrator of the Instagram and Twitter accounts “Assault Police,” which had almost 200,000 followers, deactivated the accounts after it received death threats following postings about various alleged gang rapes. Local media reported the account also referred allegations against Ahmed Bassam Zaki to authorities and the National Council for Women.
On August 4, the National Council for Women forwarded a complaint to the public prosecutor from a woman who alleged she was sexually assaulted by multiple men at the Fairmont Nile City hotel in 2014. The complaint included testimony about the incident in which a group of men allegedly drugged, raped, and filmed the victim after a social event. According to social media, the men signed their initials on her body and used the film as a “trophy” and blackmail. On August 24, the public prosecutor ordered the arrests of nine men allegedly involved in the case, most of them sons of prominent businesspeople. According to media, as of September 2, authorities arrested five suspects in Egypt and three in Lebanon, who were extradited to Egypt. Media reported that in late August state security arrested a man and three women who were witnesses to the alleged rape and two of the witnesses’ acquaintances. The prosecutor general charged all six in a separate case with violating laws on drug use, “morality,” and “debauchery;” the prosecutor general ordered the release on bail of three of the six on August 31 and was pressing charges.
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 victim produce multiple eyewitnesses, a difficult condition for domestic abuse victims. Police often treated domestic violence as a family issue rather than a criminal matter.
The Interior Ministry includes a unit responsible for combating sexual and gender-based violence. The National Council for Women (NCW) was responsible for coordinating government and civil society efforts to empower women. In 2015 the NCW launched a five-year National Strategy to Combat Violence against Women with four strategic objectives: prevention, protection, intervention, and prosecution. An NCW study found that approximately 1.5 million women reported domestic violence each year. A 2015 Egypt Economic Cost of Gender-based Violence Survey reported that 5.6 million women experience violence at the hands of their husbands or fiances each year. After the start of the country’s #MeToo movement, the NCW coordinated with women’s rights organizations and the Prosecutor General’s Office to help women who disclosed they were victims of sexual harassment.
Female Genital Mutilation/Cutting (FGM/C): FGM/C is illegal, but it remained a serious problem. According to international and local observers, the government did not effectively enforce the FGM/C law. In May 2019 the government formed a national task force to end FGM/C, led by the NCW and the National Council for Childhood and Motherhood (NCCM). On June 13, the NCCM stated that 82 percent of FGM crimes were carried out by doctors.
On January 20, a Sohag criminal court sentenced a doctor who conducted FGM/C surgery on a girl in Sohag Governorate in 2018 and the father of the girl to one year in prison; it ruled to suspend implementation of the sentence unless the doctor committed the crime again within the next three years. On August 6, the Administrative Prosecution referred the doctor, who directed a government clinic in Sohag Governorate, to administrative trial for committing FGM/C. One local human rights organization welcomed this disciplinary proceeding and criticized the legal discretion given to the judiciary in sentencing FGM/C cases. The circumcision resulted in severe bleeding and caused the girl permanent disability that forced her to stay in a Sohag hospital for more than a year.
In late January Nada Hassan, a 12-year-old girl, died from FGM/C in Assiut. Authorities arrested the doctor who performed the FGM/C, the parents, and an aunt. On February 6, a court in Assiut released the parents and aunt on guarantee of their residence pending trial and released the doctor on bail pending trial. The public prosecutor summoned the doctor and redetained him on February 20 and referred the case to trial on February 22. The Assuit Criminal Court scheduled a review of the case on October 28, but further developments were not made public. On June 3, the Public Prosecution stated that after a forensic analysis confirmed FGM/C occurred on three minor girls in Sohag Province, it charged a doctor with performing the procedure and the father of the girls for assisting in the crime. The statement also said the father had told the girls that the doctor was going to vaccinate them for COVID-19. According to media reports, the children’s mother reported the crime on May 31 to police. On July 12, a Sohag court sentenced the doctor to three years in prison and the father to one year in prison.
A 2016 amendment to the law designated FGM/C a felony, as opposed to a misdemeanor as it was previously, and assigned penalties for conviction of five to seven years’ imprisonment for practitioners who perform the procedure, or 15 years if the practice led to death or “permanent deformity.” The law granted exceptions in cases of “medical necessity,” which rights groups and subject matter experts identified as a problematic loophole that allowed the practice to continue. After Hassan’s death and the case of the three Sohag girls, the Ministry of Health and Population, National Council for Population, NCCM, National Council for Women, Prosecutor General’s Office, and local NGOs worked together successfully to eliminate the loophole and raise awareness of the crime.
Other Harmful Traditional Practices: The law does not specifically address “honor” crimes, which authorities treated as any other crime. There were no reliable statistics regarding the incidence of killings and assaults motivated by “honor,” but local observers stated such killings occurred, particularly in rural areas. Local media, especially in Upper Egypt, occasionally reported on incidents where fathers or brothers killed their daughters and sisters in alleged “honor killings” after they discovered they had premarital or extramarital relationships.
Sexual Harassment: Sexual harassment remained a serious problem. The government claimed it prioritized efforts to address sexual harassment. The penal code defines sexual harassment as a crime, with penalties including fines and sentences of six months’ to five years’ imprisonment if convicted. Media and NGOs reported sexual harassment by police was also a problem, and the potential for further harassment further discouraged women from filing complaints. In September the president ratified a penal code amendment to strengthen protection of the identities of victims of harassment, rape, and assault during court cases.
On January 29, a Giza court ordered a daily newspaper to pay financial compensation to journalist May al-Shamy for dismissing her wrongfully in 2018 after she complained of sexual harassment in the workplace.
On February 9, the Supreme Administrative Court issued a final ruling dismissing a teacher after he was convicted of sexual harassment of 120 elementary school students in Alexandria Governorate in 2013. The teacher had been dismissed in 2013 by the school where he was working.
According to local press, a Qena criminal court on July 11 sentenced a man to 15 years in prison for sexually assaulting a woman in February. The verdict remained subject to appeal.
On July 18, the Coptic Orthodox Church announced that Pope Tawadros II decided to defrock priest Rewiess Aziz Khalil of the Diocese of Minya and Abu Qurqas, following allegations of sexual abuse and pedophilia leveled by Coptic Christians in North America where the priest had lived on a foreign assignment.
Reproductive Rights: The law recognizes the basic right of married couples to decide the number, spacing, and timing of their children, and it enables individuals to have access to the information and means to do so free from coercion or violence. The Ministry of Health and Population distributed contraceptive materials 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, to access contraceptives, and to attain full reproductive health. Some women lacked access to information on reproductive health, and the limited availability of female healthcare providers impacted access to skilled health attendance during pregnancy and childbirth, given the preference many women had for female healthcare providers for social and religious reasons.
According to the World Health Organization’s 2020 World Health Statistics report, the country’s maternal mortality ratio is 37/100,000 births, the proportion of births attended by skilled health personnel is 90 percent, the adolescent birth rate is 51.8/1,000 aged 15-19, and the proportion of women of reproductive age who have their need for family planning met with modern methods is 80 percent. Although on the decline, female genital mutilation/cutting (FGM/C) continues to be widely practiced. In 2015, 87 percent of girls and women aged 15 to 49 had undergone FGM/C, according to the 2015 Egypt Health Issues Survey. The prevalence, however, is reportedly much higher among older age groups. FGM/C third grade (infibulation) is more prevalent in the South (Aswan and Nubia), and this, in some cases, has been 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.
There was no information on government assistance to survivors of sexual assault.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The constitution provides for equal rights for male and female citizens. 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 that hindered their 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 February 4, President Sisi approved harsher penalties in the penal code for divorced men who avoid paying spousal and child support.
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.
Labor laws provide for equal rates of pay for equal work for men and women in the public but not the private sector. Educated women had employment opportunities, but social pressure against women pursuing a career was strong. Large sectors of the economy controlled by the military excluded women from high-level positions.
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, it allows police to arrest LGBTI persons on charges such as “debauchery,” “prostitution,” and “violating the teachings of religion” and it 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. Authorities did not use antidiscrimination laws to protect LGBTI individuals. Legal discrimination and social stigma impeded LGBTI persons from organizing or advocating publicly in defense of their rights. Information was not available on official or private 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 LGBTI individuals. Intimidation and the risk of arrest greatly restricted open reporting and contributed to self-censorship. Rights groups and activists reported harassment by police, including physical assault and forced payment of bribes to provide information concerning other LGBTI individuals or to avoid arrest. The government has the authority to deport or bar entry to the country of LGBTI foreigners.
There were reports that authorities used social media, dating websites, and cell phone apps to entrap persons they suspected of being gay or transgender, a method LGBTI advocates described as especially effective as LGBTI-friendly public spaces had largely closed in recent years.
On June 1, the Administrative Court rejected a lawsuit filed by transgender Malak El-Kashef, whom authorities released from detention in July 2019, to compel the interior minister to establish separate facilities for transgender individuals inside prisons and police stations. A court ordered transgender male Hossam Ahmed, whom authorities subjected to invasive physical exams, released from pretrial detention in a women’s prison in September.
In a televised statement in early May, prominent actor Hisham Selim spoke openly about his son’s gender change and inability to change his identity card from female to male. On June 23, two lawyers filed lawsuits against Selim and his transgender son for an Instagram post that paid tribute to Egyptian LGBT activist Sara Hegazy, who died by suicide in 2020. Hegazy was reportedly subjected to electric shocks, verbally and sexually assaulted, and held in solitary confinement during her imprisonment for debauchery in 2017, reportedly because she flew a rainbow flag at a concert.
Rights groups reported that authorities, including the Forensic Medical Authority, conducted forced anal examinations. The law allows for conducting forced anal exams in cases of debauchery.
According to a LGBTI rights organization 2019 annual report issued in January, authorities arrested 92 LGBTI individuals in 2019 and conducted forced anal exams on seven persons.