{"id":21874,"date":"2017-05-30T15:36:49","date_gmt":"2017-05-30T13:36:49","guid":{"rendered":"https:\/\/maatpeace.org\/?p=21874"},"modified":"2025-08-09T14:24:06","modified_gmt":"2025-08-09T11:24:06","slug":"%d8%b1%d8%a4%d9%8a%d8%a9-%d8%ac%d8%af%d9%8a%d8%af%d8%a9-%d9%84%d8%aa%d8%b7%d9%88%d9%8a%d8%b1-%d8%a7%d9%84%d8%aa%d8%b4%d8%b1%d9%8a%d8%b9%d8%a7%d8%aa-%d8%a7%d9%84%d9%85%d9%86%d8%b8%d9%85%d8%a9-%d9%84","status":"publish","type":"post","link":"https:\/\/maatpeace.org\/en\/%d8%b1%d8%a4%d9%8a%d8%a9-%d8%ac%d8%af%d9%8a%d8%af%d8%a9-%d9%84%d8%aa%d8%b7%d9%88%d9%8a%d8%b1-%d8%a7%d9%84%d8%aa%d8%b4%d8%b1%d9%8a%d8%b9%d8%a7%d8%aa-%d8%a7%d9%84%d9%85%d9%86%d8%b8%d9%85%d8%a9-%d9%84\/","title":{"rendered":"A new vision for the development of legislation regulating the work of special groups "women, children and people with disabilities""},"content":{"rendered":"
\u00a0<\/strong><\/p>\n \u00a0<\/strong><\/p>\n Policy Paper<\/strong><\/span><\/p>\n Issued it<\/strong><\/span><\/p>\n Public Policy Analysis and Human Rights Unit<\/strong><\/span><\/p>\n Affiliate Foundation<\/strong><\/span><\/p>\n , Maat for Peace, Development, and Human Rights<\/strong><\/span><\/p>\n Under a project<\/strong><\/span><\/p>\n The Universal Periodic Review as a Tool to Improve Public Policies during the Transition<\/strong><\/span><\/p>\n June 2017<\/strong><\/span><\/p>\n \u00a0<\/strong><\/span><\/p>\n \u00a0<\/strong><\/p>\n \u201cThis release was implemented with the help of the European Union. The content of this publication is the responsibility of the Maat Foundation for Peace, Development and Human Rights and can in no way be considered a reflection of the visions of the European Union.<\/strong><\/span><\/p>\n \u00a0<\/u><\/strong><\/p>\n Introduction:<\/strong><\/p>\n Suffer In the same context, child labor in Egypt is the most prominent problem. Rather, they perform hard work side by side with adult men, without regard for their childhood or the labor laws regulating child labor, which is a violation of their rights guaranteed by all international and local laws and charters.<\/p>\n In some workplaces, persons with disabilities suffer from negative discrimination towards them, which is not sufficiently taken into account by the law regulating workers' conditions in Egypt, especially in private companies.<\/p>\n And under interesting Public Policy Analysis and Human Rights Unit<\/strong> Foundation Maat for peace, development and human rights<\/strong> With the recommendations that were made to Egypt in light of the universal periodic review, the Egyptian government's position on the recommendations, and in light of the institution\u2019s implementation of a project The Universal Periodic Review as a Tool to Improve Public Policies during the Transition<\/strong>Funded by the European Union during 2016-2017, the Foundation has focused on shedding light on this issue through a paper that clarifies the most important problems and legislative solutions related to the employment of special groups, women, children and people with disabilities.<\/p>\n The paper dealt with the issue in several axes, as the first axis dealt with presenting an overview of the Egyptian labor law and the conditions of the special groups in the law, then in the second axis it moved to present the most important legislative problems for these groups, and in the third axis the paper talked about the constitutional and human rights status of these groups with highlighting The most important points that must be taken into account in the laws that regulate the work of these groups in accordance with international treaties and covenants ratified by Egypt with the presentation of the most important recommendations that Egypt committed to before the Human Rights Council during its submission to the universal periodic review mechanism, and in the last axis, the paper concluded with a set of recommendations that must be The legislator and the executive institutions take into account the work of these groups.<\/p>\n The first axis: the status of special groups in the Egyptian Labor Law<\/strong><\/p>\n Egypt is considered one of the countries in which there are many labor laws and it is not subject to one law that regulates the work relationship between the employer and the worker, because Egypt has a large number of different sectors, each of which is subject to a law that regulates the work relationship with it that differs from the other law and these laws<\/p>\n It should be noted that there are special provisions for some labor relations that are concerned with the employment of women, children and persons with disabilities. Other laws have been exempted from the exception to guarantee the rights of these groups, including Child Law No. 12 of 1996, amended by Law No. 126 of 2008, and Chapter V provisions related to the care of working children and mothers. The worker, which constitutes a unified and sophisticated organization of the rights of the child and the pain of the worker.<\/p>\n The provisions regulating the work relationship between the working woman and the workplace in Law 12 in three basic points:<\/p>\n First: The provisions related to protection from discrimination in wages and the protection of working women from night work or dangerous or harmful work in terms of health or morals. These provisions related to protection and non-discrimination in articles come.<\/p>\n Second: Provisions for maternity protection, including maternity leave, rest for breastfeeding young children, and childcare permits:<\/p>\n Third: Childcare custody:<\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0 Article (96) stipulates that an employer who employs 100 workers or more in one place is required to establish a nursery or entrust a foster home to take care of the workers' children, according to the conditions and conditions that are determined by a decision of the competent minister. Firms that employ less than one hundred female workers in one region are also bound to participate in the implementation of the commitment stipulated in the previous paragraph with the terms and conditions determined by a decision of the competent minister.<\/p>\n The Egyptian Labor Law has designated some articles that regulate child labor, namely<\/p>\n As stipulated in the Child Law (<\/sup>[2]<\/sup><\/a>)<\/sup> No. 12 of 1996, as amended by Law No. 126 of 2008, to guarantee all rights of the Egyptian child, and to make the law the fifth chapter for the care of the working child and the working mother, and the law prohibits the employment of children in any work that may endanger his health, safety, or morals at risk (<\/sup>[3]<\/sup><\/a>)<\/sup>.<\/p>\n The Egyptian legislator has taken care of people with disabilities, as it has been keen since 1959 to address the problem of the handicapped, so Law No. 14 of 1959 regarding the vocational rehabilitation of the incapable of work and determining them was issued, then the articles of this law were incorporated into the labor law, then the legislator returned to regulate the issue according to Law No. 39 For the year 1975 with the amendment No. 49 of 1982 and it was called the Rehabilitation of the Handicapped Law.<\/p>\n The Rehabilitation of the Disabled Law No. 39 of 1975 stipulated in Article 9 that employers who employ fifty or more workers, whether they work in one place or country, or places or separate countries, must employ the disabled who are nominated by the Manpower Offices from the reality of the disability registry. Within the limits of 5% of the total number of workers in the entity in which they are nominated. Nevertheless, the employers referred to in the previous paragraph may occupy this percentage by employing the disabled other than by the method of nomination from the manpower offices, provided that the stipulated entry known as the \u201csocial qualification certificate\u201d is obtained.<\/p>\n No provision related to the employment of persons with disabilities was mentioned in the Egyptian Labor Law No. 12 of 2003, which is currently in force, and the law does not contain any text that includes any positive discrimination for persons with disabilities in line with the charters and treaties that Egypt has ratified regarding the employment of that special group.<\/p>\n The second axis: the constitutional and human rights situation for these groups <\/strong><\/p>\n The Egyptian government was subjected to the universal periodic review mechanism in 2014, and received a number of recommendations related to the protection of special groups, especially women, children, and persons with disabilities, including: -<\/p>\n The third axis: legislative problems for special groups in the labor law <\/strong><\/p>\n Women suffer from three basic legislative problems in the unified labor law, namely: -<\/p>\n Despite the fact that international covenants that establish the right of women to work on the basis of complete equality with men, especially Article 23 of the Universal Declaration of Human Rights ([17]<\/a>)<\/sup>However, the Egyptian law does not meet women's aspirations for full and real equality in the field of work, as many owners of private sector companies specifically prefer men over women in jobs, due to the ease of movement of men, and thus the absence of their suffering under the special conditions of women, such as pregnancy, birth, breastfeeding and care, which They see it as a kind of loss, despite the provision of Article 35 that it is not permissible to discriminate in remuneration between women for any reason, including sex, and despite the existence of this text and the prohibition contained therein, the penalty for violating the provisions of that Article contained in Article 246, which states that The employer or his representative for the establishment that violates the provisions of Article (35) of this law and the ministerial decisions implementing it shall be punished. The fine is multiplied by the multiplicity of workers against whom the crime has occurred, and the fine is doubled in the event of recurrence, with a fine of not less than one hundred pounds and not exceeding five hundred pounds, which is a very small penalty that does not constitute a deterrent to the owner of the facility, and it is the main reason for the employers not abiding by the provisions of that article, and there is still clear discrimination in Wages among women and other workers.<\/p>\n In addition, Article (88) which explicitly states that it is impermissible to discriminate between women and other workers when working conditions are available. However, the text of that article is tainted by anaphylaxis in terms of not specifying a penalty for violating its provisions, and it contradicts the text of Article 89, which contains a ban on some work. Which women are not allowed to work with.<\/p>\n Where Article (89) and Article (90) stipulated some provisions related to the protection of working women from night work or dangerous or harmful work for health or morals, but in reality they are considered a form of negative discrimination against women as they confiscate her right, will, and freedom to make her decision about choosing Work according to the different conditions and needs of the woman, and the competent minister has absolute power to assess the cases of licensing or prohibition in order to achieve the interest of the labor market and it was better to make protection a license with the working woman that she appreciates according to her ability to work.<\/p>\n The Egyptian legislation came in contradiction to the recommendations of the International Labor Organization, which Egypt agreed to regarding giving birth permits for women, especially with regard to its duration. Article (91) stipulates the right of women to permit a full-paid birth, but the article stipulates that ten months have passed to serve the worker to benefit from this comfort, which is It is also a restriction on working women that undermines the logic of leave or its philosophy that is directed towards protecting motherhood and childhood, as it contradicts the essence of international conventions and most of the legislation in the world and what the Egyptian jurisprudence and judiciary has concluded that require women to enjoy this leave even in cases where pregnancy is not complete or the woman has not given birth In which the newborn is alive, taking into account the dangerous effects on the woman's health if she does not have adequate rest for at least six weeks after the birth process, as the birth permit is not only the right of the working mother, but it is the right of childhood and a duty and societal role in which the woman contributes, and the law is to guarantee and protect her ([18]<\/a>).<\/sup> This article also violates Labor Organization Convention No. 183 on Maternity Protection of 2000 ([19]<\/a>)<\/sup> Which does not require the elapse of a period of time for the worker in the workplace, which stipulated that the worker obtain a fourteen-week leave of absence, according to Article 4 of this agreement, and in Recommendation No. (191) related to this agreement, the necessity for states to seek to increase This period extends to eighteen weeks. The agreement also obligates the employer to provide the necessary health and social care for the mother during pregnancy and childbirth and for her child.<\/p>\n In the same context, women suffer from employers \u2019abuse in many cases as a result of employers terminating their work due to childbirth despite the provision of Article (92) prohibiting the dismissal of the worker due to maternity leave and the employer is satisfied with compensating the worker for terminating or terminating her work contract because the text of the article A penalty for violating its provisions was not received.<\/p>\n There are also many women's problems in the labor law, especially with regard to nursery homes in accordance with Article (96) of the Labor Law, which is marred by its failure to meet the needs of motherhood in contradiction with the consideration of motherhood as a social function and the responsibility to protect it reverts to the state and society according to the Child Law and it is unacceptable for women to bear their effects and burdens. This burden is represented in restricting the right to the number of times of childbearing under the pretext of confronting the problem of overpopulation, as if permitting maternity protection is the responsibility of the woman alone.<\/p>\n The woman also suffers from the continued cessation of the obligation to establish a nursery or for the employer to entrust another nursery with the care of the children of the workers, provided that there is a hundred workers, as this condition constitutes the abolition of this privilege as most of the establishment takes into account that the number of workers in it does not reach the number stipulated in the law for non-commitment to establish Custody and repudiation of this article.<\/p>\n In Egypt, the number of domestic workers has increased due to the economic conditions that the Egyptian state is going through, and because women are the most exposed group to this profession. And because the details and characteristics of that group differed from before, some of them are educated, university, and others are also looking for an honest living. Domestic workers are free from any legal protection on the grounds of the difference in the nature of their work and the existence of a direct connection with their employers in a way that enables them to see their secrets and private affairs despite the fact that Article 28 of the same law provisions relating to the organization of work of foreigners impose legal protection for foreign maids who work in Egypt, which is something that Negative discrimination against Egyptian women<\/p>\n The law also excludes women working in pure agriculture in a way that is inconsistent with the provisions of the Child Law, in addition to being a blatant violation and clear discrimination and a continuation of the historical injustice of women working in agriculture, and contradicts the direct provisions in international agreements related to women working in agriculture.<\/p>\n In general, the provisions of this law do not apply to all female workers in the informal sector, which is the sector that includes large numbers of poor female workers and the breadwinners of families who are subjected to harsher working conditions and conditions, including migrant workers, agricultural workers, construction workers, street vendors, cleaning workers and domestic workers<\/p>\n Although Egypt has ratified many international conventions regulating child labor, in a way that guarantees them a decent life, and despite the existence of Egyptian legislation that is largely consistent with international agreements, whether through the constitution or the law, there is no absence of legal mechanisms to implement these legal texts that are in conflict with Some of them sometimes, according to Chapter Five of the Egyptian Child Law related to employment. Article 64 prohibits child labor under 15 years of age, which is inconsistent with Article 98 of the Labor Law, which stipulates that he is considered a working child as long as he is 14 years old. This is in addition to the failure of employers to abide by the age stipulated in any of the law and they employ children under the age of ten in some cases, especially in unlicensed workshops and industrial places.<\/p>\n Also, although Article 65 prohibited the employment of children in occupations that might endanger their safety or health, and also Article 66, which prohibited children from working for more than 6 hours a day and emphasized that they should not be employed between 7 pm and 7 am, but by live witnessing, we find business owners exploiting children In some dangerous occupations that harm their physical and psychological safety and health, in addition to using them for more times than what is stipulated in the law, due to the weakness of the penalty imposed on the employer in Article No. 74, which describes the penalties for violating the articles of Chapter Five with \u201ca fine of not less than one hundred pounds and not exceeding five hundred fairy. The fine shall multiply according to the number of workers for whom the violation has occurred, and in the event of repetition, the penalty shall be increased by an equal amount, and its execution may not be suspended. Which requires modification of the article.<\/p>\n The law also did not take into account those who work in pure farming, and their final exclusion from the law according to Article 102 ([20]<\/a>Of the Egyptian Labor Law, which must be remedied in law amendments<\/p>\n The status of the right of persons with disabilities to work in Egyptian law is completely far from all international agreements and is considered more backward than all Arab laws in this context. The Basic Law for Persons with Disabilities, Law 139 of 1975 clearly adopts the vision of disability and deficiencies in Articles 1 and 2 and then goes into Article 5 of it to determine the percentage of employment opportunities allocated to people with disabilities at a percentage of 5% only from the number of workers in establishments in which the number of workers exceeds 100 persons, which opens the door to circumventing this percentage by not registering the owner of the establishment the number of official workers and making it always under the number obligatory to employ people with disabilities<\/p>\n The penalty set by the law for violating this percentage is one month imprisonment, a fine of 100 to 5,000 pounds, or one of the two penalties in Article 16, which allows him to pay the fine in exchange for non-compliance with the employment of persons with disabilities.<\/p>\n Also, the first article of the Unified Labor Law 12 of 2003 is considered an exclusionary article that excludes persons with disabilities from being subject to the law, as it defined in its first article the worker as (every natural person who works for a wage for an employer and under his management or supervision). Nevertheless, the law maintained the 5% rate. Specified by Law 139 of 1975, which allocated special records to register those wishing to have a disability, which is considered a conflict between the articles and some of them.<\/p>\n Fourth Axis: Recommendations and proposals.<\/strong><\/p>\n First: the woman <\/strong><\/p>\n Second: Children <\/strong><\/p>\n Third: Persons with disabilities<\/strong><\/p>\n The Egyptian Labor Law did not concern itself with regulating the employment of persons with disabilities that it was satisfied with what was stated in Law No. 39 of 1975 relating to the rehabilitation of persons with disabilities. Therefore, we suggest adding some articles to the Labor Law to regulate the work of this category, namely: -<\/p>\nA new vision for the development of legislation regulating the work of special groups<\/strong><\/span><\/h3>\n
\u00a0\u201cWomen, children and people with disabilities<\/strong> Disability \u201d<\/strong><\/span><\/h3>\n
Some social groups suffer from the lack of suitability of work environment conditions to their needs and socio-economic conditions, especially in light of the political and economic changes that Egypt has witnessed in recent years. For example, we find that working women still suffer from legislative problems in various areas of Labor Law No. 12 of 2003, especially And that there is a prevalence of negative discrimination against women at the level of wages and the type of work required in most companies. This is in addition to the law\u2019s failure to observe some of the implications of the woman\u2019s physiological makeup, such as childbirth and breastfeeding.<\/p>\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
\n
[1]<\/strong><\/a> Egyptian Labor Law, Chapter on Labor Inspection and Judicial Seizure, Article 248. <\/strong><\/span>\r\n\r\n[2]<\/strong><\/a> Egyptian Child Law No. 12 of 1996, as amended by Law No. 126 of 2008<\/strong><\/span>\r\n\r\n[3]<\/strong><\/a> \u00a0Articles 64, 65, 66, 67, 68, and 69 of the Egyptian Child Law No. 12 of 1996, as amended by Law No. 126 of 2008.<\/strong><\/span>\r\n\r\n[4]<\/strong><\/a> The Egyptian Constitution of 2014, Chapter of Rights and Freedoms, Article 80.<\/strong><\/span>\r\n\r\n[5]<\/strong><\/a> \u00a0Research entitled Women's Rights in International Conventions with Application to the Egyptian Case <\/strong>http:\/\/democraticac.de\/?p=2470<\/a><\/strong><\/span>\r\n\r\n[6]<\/strong><\/a> Labor Organization Convention No. 183 Protection of Maternity in 2000<\/strong>\u00a0 <\/strong>- <\/strong>http:\/\/www.labor-watch.net\/ar\/paper\/144<\/a><\/strong><\/span>\r\n\r\n[7]<\/strong><\/a> Recommendation No. (165) regarding the Convention on Equal Opportunities and Equal Treatment for Male and Female Workers<\/strong>\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0\u00a0<\/strong>http:\/\/hrlibrary.umn.edu\/arabic\/R165.pdf<\/a><\/strong><\/span>\r\n\r\n[8]<\/strong><\/a> The first article, the initial part of <\/strong>The United Nations Convention on the Rights of the Child of 1989.<\/strong><\/span>\r\n\r\n[9]<\/strong><\/a> Convention on the Rights of the Child, Article 32, paragraph 1.<\/strong><\/span>\r\n\r\n[10]<\/strong><\/a> 1959 Universal Declaration of the Rights of the Child, Principle 9.<\/strong><\/span>\r\n\r\n[11]<\/strong><\/a> Minimum age agreement for admission to employment, signed in Geneva on 6\/6\/1972, entry into force 6\/19\/1976.<\/strong><\/span>\r\n\r\n[12]<\/strong><\/a> Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, 1999<\/strong><\/span>\r\n\r\n[13]<\/strong><\/a> This agreement prohibits the use of a child under the age of thirteen years of age, and that child labor is monitored in all cases and examinations are conducted annually to ensure their ability and health fitness to work.<\/strong><\/span>\r\n\r\n[14]<\/strong><\/a> Article No. 58 of Arab Convention No. 1 of 1666 on work standards: \u201cIt is not permissible to employ children under the age of seventeen in industries that are dangerous or harmful to health, as determined by legislation, decisions and regulations within each country.\u201d<\/strong><\/span>\r\n\r\n[15]<\/strong><\/a>