And Call for applying Child Law and to deposit her in Child Care Halls
The under signatories organizations and individuals express their full solidarity and support with the female child “A.A”, the accused in case no. 2995 of 2019 Al Ayaat prosecution. The girl was accused of killing the bus driver as the girl said that she killed him when defending herself as he tried to rape her. The girl reported herself in the very beginning and turned herself in police station.
It is worth mentioning that the girl is 15 years old and still being an underage.
Child Rights in Egyptian Constitution & Child Law
Firstly: The Egyptian Constitution
The article no. 80 of the Egyptian constitution of 2014 states “A child is considered to be anyone who has not reached 18 years of age. Children have the right to be named and possess identification papers, have access to free compulsory vaccinations, health and family care or an alternative, basic nutrition, safe shelter, religious education, and emotional and cognitive development. The state guarantees the rights of children who have disabilities, and ensures their rehabilitation and incorporation into society. The state shall care for children and protect them from all forms of violence, abuse, mistreatment and commercial and sexual exploitation. Every child is entitled to early education in a childhood center until the age of six. It is prohibited to employ children before they reach the age of having completed their primary education, and it is prohibited to employ them in jobs that expose them to risk. The state shall establish a judicial system for child victims and witnesses. No child may be held criminally responsible or detained except in accordance with the law and the time frame specified therein. Legal aid shall be provided to children, and they shall be detained in appropriate locations separate from adult detention centers. The state shall work to achieve children’s best interest in all measures taken with regards to them”.
Secondly: The Egyptian Child Law
1- The article no. 112 of the Egyptian Child Law no. 12 of 1996, amended by law no. 126 of 2008, states that “Children may not be detained, placed in custody, or imprisoned with adults in one place . In detention, it should be observed that children are to be classified according to their age, sex, and nature of their crime. Shall be sentenced to jail for a period not less than three (3) months, and not exceeding two (2) years, and a fine not less than one thousand (1,000) Egyptian pounds, and not more than five thousand (5,000) Egyptian pounds, or by one of the two penalties, any public official or in charge of a public service who detains, places in custody, or imprisons a child with one or more adults in one place”.
2- Also the article no. 122 states that “The Child Court shall exclusively deal with issues concerning the child when accused of a crime or in case of his delinquency. The Court shall also be entitled to pass judgments regarding criminal cases set forth in Articles 113 to 116 and in Article 119 of this Law. As an exception to the provision of the previous paragraph, the Criminal Court or the Supreme State Security Court, according to each case, shall have jurisdiction over criminal cases where the accused – at the time of committing the crime – is a child above fifteen (15) years of age while the accomplice is not a child and the case necessitated bringing the criminal action against the accomplice jointly with the child. In this case, the Court – prior to passing its judgment – shall examine the circumstances of the child from all aspects and may seek the assistance of experts if it so wishes”.
Hence, the under signatories organization and individuals call for applying the more suitable text in such case considering the best interest of the girl and to deposit her in child care hall.
1- Cairo Foundation for Development and Law.
2- Women Center for Guidance and Legal Awareness.
3- New Woman Foundation.
5- The Digital Museum of Women "Zatek"
6- The Center for Communication for Development
7- Arab House Center for Research and Studies
1 - Dr. Amal Abdel Hadi - feminist and human rights activist
2 - Nevin Obaid - member of the new woman
3 - Shirin Samuel - member of the new woman
4 - Nola Darwish - feminist and human rights activist
5- Khalid Al-Balshi - Journalist
6 - Ranim Afifi - journalist and feminist writer
Samira El-Gazzar, Assistant Secretary General of the Egyptian Social Democratic Party
8 - Marian Sidhom - lawyer
9 - Intisar Al-Saeed - a human rights and feminist lawyer
10 - Omaima Emad Eddin
11- Iman Ouf - journalist
12- Enas El-Masrawy
13- Ahmed Abdel-Wadoud
14 - Hadia Abdel Fattah - the founder of the Mesh Henskett initiative on harassment
15- Nourhan Tharwat Hassan
16- Wafa Ashri - Accounting
17 - Abdullah Al-Saeed - photographer
18- Hussein Abdel Ghaffar - engineer
Marwa Hakim - lawyer
20- Asma Zaki
21- Omnia Hosny - employee
22- Susan Nada - Attorney at law
23- Mahmoud Abd ELRaheem
24- Ola Shahba
25- Elham Aidarous -Party of Bread and Liberty