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Five hundred Mob-Sexual Assaults and one FGM case: Whose laws rule Women’s rights in Egypt?
Abstract
Historically, Civil society organizations in Egypt have exerted a lot of efforts into influencing legal reform. However its results are often ambivalent. As public and street forms of activism are now punishable, legal reform and policy making are back to be the battleground (NAZRA, EIPR, NWF). June14th, Egypt’s National Anti-FGM Day, honors 12-year-old Bodour Shaker, who died on the same date in 2007 during the procedure. Bodour’s death prompted the MoH’s ministerial decree (271), which closed a loophole in the previous 1996 decree by banning everyone from performing FGM in governmental or non-governmental premises. In 2008, the Egyptian Parliament agreed to criminalize FGM in the Penal Code, also seconded by Al -Azhar and Grand Mufti’s statements. Five years later, in June 2013, Sohair al-Bata'a’s death reached the news. For the first time the Doctor and the family are prosecuted under FGM charges . However, despite the prison sentence, the doctor still operates in the area and National and International organizations have renovated their calls for justice with no tangible result so far . In June 2014, just before handing power to president elect Abdelfatah Al-Sisi, former interim president Adly Mansour, issued Decree No.50 amending Article 306 (a) bis and Article 306 (b) bis to combat crimes of sexual harassment. This was the first definition of sexual harassment ever included in the Egyptian Penal Code. During Al-Sisi’s celebrations as president, several mob sexual attacks were documented. Rapidly, under the new law and also charged for attempted rape, murder and torture, seven assailants were sentenced to life prison. Independent organizations stated: First Verdict in Cases of Mob-Sexual Assault and Gang Rape in Tahrir Square Is No End to the Story . The remaining 500 cases documented since 2012 are still pending for justice. Using approaches developed by Anthropology of Law, this paper examines the first FGM trial and the genesis of the sexual harassment law to understand the complexities and contradictions implied in articulating a dialogue with different patriarchal authorities to foster legal reform. It also explores the possibility of social justice and gender equality through legal reform in the current environment of blatant human rights violations to answer the questions: how are women’s rights articulated in the practice of justice? And which is their particular role in the current authoritarian system?
Discipline
Anthropology
Geographic Area
Egypt
Sub Area
Human Rights