ezzat and another represented by egyptian initiative for personal rights interights v arab republic of egypt communication 35507 2016 achpr 12 25 february 2016

ezzat and another represented by egyptian initiative for personal rights interights v arab republic of egypt communication 35507 2016 achpr 12 25 february 2016

Egypt’s refusal to issue official documents to Baha’is or to recognise their marriages, based solely on their religion, constituted discrimination and violated the absolute freedom of religion in the forum internum under Article 8, as well as Articles 2 and 3 of the Charter. The subsequent legal amendment allowing Baha’is to obtain documents with the religion column left blank remedied the violation prospectively, but did not address past prejudice. Egypt’s reservation to Article 8, limiting recognition of religions to those accepted under Islamic law, is not incompatible with the Charter’s object and purpose and validly excludes the obligation to recognise Baha’i as a religion for the...

Citation
ezzat and another represented by egyptian initiative for personal rights interights v arab republic of egypt communication 35507 2016 achpr 12 25 february 2016
Parties
Complainants/victims: Hossam Ezzat & Rania Enayet; Respondent State: Arab Republic of Egypt
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
25 February 2016
Procedural Posture
Communication (complaint) Before the African Commission on Human and Peoples’ Rights / Merits Decision
Outcome
Partial finding of violation; orders issued for remedial measures and compensation.
Legal Topics
Freedom of Religion, Non Discrimination, Equality Before the Law, Personal Status Law, Reservations to Treaties
Source Language
English
Human Rights Law Administrative Law Freedom of Religion Non Discrimination Equality Before the Law Personal Status Law Reservations to Treaties

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Parties

Hossam Ezzat & Rania Enayet

Complainants/victims

Arab Republic of Egypt

Respondent State

Procedural Posture

Communication (complaint) Before the African Commission on Human and Peoples’ Rights / Merits Decision

Legal Issues

  1. 1 Whether Egypt’s refusal to recognise the Baha’i faith on official documents violates Articles 2, 3, and 8 of the African Charter on Human and Peoples’ Rights.
  2. 2 Whether the reservation entered by Egypt to Article 8 of the Charter is compatible with the Charter’s object and purpose.
  3. 3 Whether subsequent changes in Egyptian law remedy the violations alleged.

Ratio Decidendi

Egypt’s refusal to issue official documents to Baha’is or to recognise their marriages, based solely on their religion, constituted discrimination and violated the absolute freedom of religion in the forum internum under Article 8, as well as Articles 2 and 3 of the Charter. The subsequent legal amendment allowing Baha’is to obtain documents with the religion column left blank remedied the violation prospectively, but did not address past prejudice. Egypt’s reservation to Article 8, limiting recognition of religions to those accepted under Islamic law, is not incompatible with the Charter’s object and purpose and validly excludes the obligation to recognise Baha’i as a religion for the...

Court Disposition

Partial finding of violation; orders issued for remedial measures and compensation.

Orders

  • Egypt to adopt necessary measures for the neutral recognition and documentation of marriages of Baha’is and others not identifying with the three recognised religions.
  • Egypt to pay a lump sum of US$10,000.00 as compensation to the victims for prejudice suffered up to the amendment of the civil status law.