Laws

EGYPT

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Fostering Children
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Gender Identity
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HIV/Aids
  Homosexuality
Immigration
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Asylum, Immigration, Migration, RefugeesLegislation/Cases/References
1.

Courts & Tribunals

On 14 April 2015, the Administrative Court ruled that the Interior Ministry may deport homosexual foreigners and deny them entry into the country [R1.1].

R2.7 EgyptianStreets: Egypt Court Rules Homosexual Foreigners Can Be Deported, Banned From Entry 14 APR 15
Censorship, Freedom of Association, Freedom of Expression, Free Speech, Right of AssemblyLegislation/Cases/References
1.

National

On 22 September 2017, Egyptian authorities reported arrested and charged seven people with ''inciting immorality'' for allegedly raising a rainbow flag at a concert by popular Lebanese indie rock band Mashrou' Leila held in Cairo. The band's lead singer is openly gay. The band was subsequently banned from performing in Egypt by the country's official musicians union [R1.1].

R1.1 abcNEWS: Egypt arrests seven people for waving a rainbow flag at Cairo rock concert 26 SEP 17
Gender Identity, Intersex,
Transgender, Transexual

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Legislation/Cases/References
1.

Courts & Tribunals

In November 1999, a woman who was expelled from medical school after having a sex change won the right to resume her studies at the Islamic University of Al Azhar. The University has appealed the decision [R1.1].

R1.1 The Australian: Transsexual Student Has Stomach to Bounce Back 26 NOV 99
HIV / Aids Legislation/Cases/References
1.

Cities & Towns

In February 2008, as part of an ongoing campaign, it was reported that police in Cairo arrested four men on suspicion of having HIV [R1.2].

2.

Courts & Tribunals

In April 2008, five men were sentenced to three years in prison in Egypt for consensual homosexual acts.Their convictions were the latest in what has been characterised by human rights groups as "a police crackdown" on people living with HIV/AIDS [R2.1].

R1.2 MCV: Cairo Cracks Down on HIV 21 FEB 08
R2.1 PinkNews: Five More Convicted in Egypt's HIV Crackdown 10 APR 08
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Homosexuality is not expressly prohibited under Egyptian Law however recent incidents have resulted in the authorities invoking other laws ["obscene behavior", "public lewdness", "debauchery" and expressing "contempt for religion"] to pursue homosexuals [R1.6]

and to censor the use of the Internet [R1.5], [R1.4].

The charge of "obscene behavior" is brought under the Article 9 of Law No. 10 of 1961 on the Combat of Prostitution and carries a custodial sentence of between three months and three years.

Law No. 10, 1961 on 'Combating of prostitution, incitement and its encouragement'

Article 9 (c) "Anyone who habitually engages in debauchery or prostitution is liable to a penalty of three months to three years imprisonment and/or a fine of LE 25-300" [R1.3].

Developments:

On 27 October 2017, it was reported that a bill was introduced that states ''any two individuals or more, whether male or female, who conduct perverted sexual relations between themselves in any public or private place will each be arrested and sentenced to a period of no less than one year and no more than three years''. Second offenders face a sentence of up to five years.

The Bill also provides that those who ''incite same sex relations, either by inciting, facilitating, hosting or calling for (them), even if they don’t perform the act itself, will be sentenced to prison for a period of no less than one year and no more than three years, as well as shutting down the venue''. Those who are found guilty of repeatedly violating this provision of the proposed law would face up to five years in prison.

The proposal also states ''audio and video publicity and advertising for LGBTQ parties or gatherings are strictly prohibited on visual, audio and social medias''.

''In case of such violation, the host and promoter will face up to three years in prison'', it reads. ''In case of holding a party or a gathering, the organizers and all participants will be sentenced to three years of prison, even if they were normal individuals. If the host was an entity, their legal representative will be put in prison, as well as shutting down both the entity and venue''.

The measure would also ''strictly'' prohibit anyone from carrying ''any symbol or sign of the LGBTQ community, as well as prohibiting the production, selling, marketing or promotion of such products''.Those who violate this provision would face between 1-3 years in prison.

It is unknown when the Bill will be debated or voted on [R1.2].


In February 2002, as the arrests and draconian convictions of alleged homosexuals intensified, the IGLHRC issued a call to the Bush Administration and the European Union to pressure Egypt's government to end the campaign of persecution and to release the men in prison [R1.1].

2.

Courts & Tribunals

On 27 November 2017, it was reported that Egypt had sentenced 14 more men for homosexuality to jail for three years for ''abnormal'' sexual relations. The men were released on bail of 5,000 Egyptian pounds ($283, €230) each until an appeals trial. Following a rainbow flag being held at a concert in Cairo, police announced a crackdown on the LGBTI community. More than 70 people have been arrested, with more than 20 receiving jail sentences ranging from six months to six years [R2.11].

On 14 October 2017, the Haram Misdemeanor Court reportedly sentenced four members of the gay community to three years in prison, each on charges of committing acts inside a residential apartment in Hadayeq al-Ahram that fall under Egypt's 'debauchery law', being ''inconsistent with public morality and homosexuality'' [R2.10].

On 29 May 2016, a Giza court reduced the April prison sentences imposed on 11 men accused of homosexuality from 12 years to one year while one defendant was acquitted. The men were charged with ''inciting debauchery'' after they were arrested at a rented apartment in Giza for allegedly committing homosexual acts [R2.9].

On 26 April 2016, it was reported that a court in Egypt had sentenced a group of 11 men convicted of homosexuality to prison for periods ranging from three to 12 years. The men were officially charged with ''debauchery and incitement to debauchery'', the legal terms used by Egyptian jurisprudence to describe homosexual behavior [R2.8].

On 14 April 2015, the Administrative Court ruled that the Interior Ministry may deport homosexual foreigners and deny them entry into the country [R2.7].

On 19 January 2015, the Cairo Appeals Court upheld the acquittal ruling issued on January 12 by a lower court verdict clearing 26 local men of practising homosexuality in a public bathhouse. The court said that the case lacked hard evidence and the testimony made by the police officer, who led the raid, “defied logic” [R2.6].

On 12 January 2015, an Egyptian court acquitted 26 men arrested in a televised raid 07 December by police looking for gays at a Cairo public bathhouse. The men were charged variously with debauchery and performing indecent public acts. There are no laws in Egypt criminalising homosexuality but a decades' old law criminalising prostitution is often used in penalising the gay community [R2.5].

On 27 December 2014, a Cairo appeal court reduced the sentence of eight defendants charged with “perversion and offending public morals”, from an initial sentence of three years. The defendants appeared in a video of an unofficial same-sex wedding showing two defendants allegedly celebrating their marriage on a boat. Forensic department medical tests found the nine defendants were “not homosexuals” [R2.4].

On 01 November 2014, eight men who appeared in a viral video purporting to show a gay wedding on a Nile riverboat, were reportedly charged with “inciting debauchery and offending public morality” and sentenced (in the Qasr Al-Nil Court) to three years imprisonment followed by three years probation. A justice ministry forensic unit spokesman said that an anal exam of the defendants confirmed that the they had not practiced anal sex [R2.3].

On 07 April 2014, an Egyptian court reportedly used a law banning “debauchery” to sentence four gay men to prison - three for eight years, one for three - for throwing “deviant parties” and wearing women's clothing. The “habitual practice of debauchery” is a term the Egyptian legal system uses to denote consensual homosexual acts [R2.2].

In April 2002, an Egyptian appeals court in Damanhour found the "Damanhour Five" not-guilty of all charges. The five men had been convicted March 11 of consensual homosexual conduct, and had been sentenced to three years' imprisonment and three years' probation [R2.1].

1. National
R1.6 Reuters: Egyptians in Nightclub Case Charged with Sodomy 28 JUN 01
R1.5 Sydney Xpress News: Egypt Continues Net Crackdown 15 APR 01
R1.4 Africa OnLine: Imprisonment for Gay Web Site in Egypt 22 FEB 01
R1.3 ILGA: State-Sponsored Homophobia PDF 382.87kb, 14 MAY 08
R1.2 TheWashingtonBlade: Egyptian lawmakers introduce LGBT criminalization bill 27 OCT 17
R1.1 IGLHRC: Europe and the US Bankroll Persecution of Homosexuals in Egypt 12 FEB 02
2. Courts & Tribunals
R2.11 GayStarNews: Egypt jails 14 men for homosexuality 27 NOV 17
R2.10 EgyptIndependent: Egyptian court sentences 4 gay men to 3 years in prison each 14 OCT 17
R2.9 AhramOnline: Egyptian court slashes prison sentence in homosexuality case 29 MAY 16
R2.8 TheJerusalemPost: Egyptian court sentences 11 men to prison for homosexual behavior 26 APR 16
R2.7 EgyptianStreets: Egypt Court Rules Homosexual Foreigners Can Be Deported, Banned From Entry 14 APR 15
R2.6 GulfNews: Egypt 'homosexuality case' acquittals upheld 23 JAN 14
R2.5 Aljazeera: Egypt court acquits 26 men in gay trial 12 JAN 15
R2.4 DailyNews Egypt: Court reduces sentences in ‘same-sex marriage video’ defendants to 1 year 27 DEC 14
R2.3 TheJerusalemPost: Egypt jails eight men for appearing in video of gay wedding
R2.2 EdgeOnTheNet: Egyptian Court Sentences 4 Gay Men to Prison for 'Debauchery' 07 APR 14
R2.1 IGLHRC: "Damanhour Five" Not Guilty! 13 APR 02
Marriage Legislation/Cases/References
1.

Cities & Towns

In April 2000, when the Egyptian press reported that two men in Zaqaziq had "married" by drawing up what was a private "urfi" contract, the state was forced to act. Both men were taken into custody [R1.1].

2.

Courts & Tribunals

On 01 November 2014, eight men who appeared in a viral video purporting to show a gay wedding on a Nile riverboat, were reportedly charged with “inciting debauchery and offending public morality” and sentenced (in the Qasr Al-Nil Court) to three years imprisonment followed by three years probation. A justice ministry forensic unit spokesman said that an anal exam of the defendants confirmed that the they had not practiced anal sex [R2.1].

R1.1 Cairo Times: Gay Marriage Results in Prosecution 20-26 APR 00
R2.1 TheJerusalemPost: Egypt jails eight men for appearing in video of gay wedding

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