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Right to freedom of opinion and expression
The right to freedom of opinion and expression is the post of a democratic system. It is people's nature to express themselves in the different fields of life politically, economically, socially … etc. this contributes in creating an enlightened public opinion that is able to rise with the society.
Freedom of opinion and expression in international covenants is a basic right guaranteed in article no. 19 of the international declaration for human rights, which was approved by the United Nation's General Association in 1948. Freedom of opinion and expression in the Egyptian constitution is guaranteed in its following articles "47, 48, 207, 208, 209, 210, and 211"
There are binds against the right to freedom of opinion and expression in the following articles of the penal law "161, 171, 172, 174, 175, 176, 177, 178, 179, 181, 182, 184, 186, 187, 189, 190, 191, 195, and 196". There are binds against the right to freedom of opinion and expression in the following articles of the criminal procedure's law "1, 3, 123, 215, and 216"
In this context, LCHR presents some recommendations to guarantee this right, so that all citizens enjoy their rights to safety and freedom of opinion expression and belief:
Amend all law texts that form an obstacle against practicing this right to be in agreement with the Egyptian constitution and the international covenant for civil and political rights ratified by Egypt in 1982.
Cancel all penalties that bind freedoms concerning the crimes of opinion and publishing, as journalists and writers shouldn't be put in provisional detention or protective custody, instead they should be fined.
Ban prior supervision on newspapers, and ban confiscating or stopping or canceling them.
Add a new article to the criminal procedure's law that prevent filing lawsuits by individuals in the crimes of opinions and publishing, while make this matter specialized to the general prosecution after receiving complaints from the aggrieved.
Add a new article to the criminal procedure's law that states transferring all opinion and publishing crimes to the misdemeanor court, while its rulings can be appealed before the criminal court.
Cancel article no. 195 of the penal law, as it puts the criminal responsibility of a published article on the newspaper's editor-in-chief.
CSOs should form committees that defend the right to freedom of opinion and expression and stop all violations against this right.
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