A/HRC/16/53/Add.1
84.
When Mr. Hegazy filed his case, two academics from Al-Azhar University
demanded his execution, and the minister for religious endowments publicly affirmed the
legality of executing Muslims who convert to Christianity. However, the Grand Mufti of
Egypt stated that conversion from Islam, while sinful, was a permissible act that should not
be subject to temporal punishment.
85.
At a hearing on 15 January 2008, lawyers filed a complaint against the government,
arguing on constitutional grounds against criminalizing apostasy. On 29 January 2008, the
Supreme Administrative Court declined the validity of the case, basing its decision on
article 2 of the Egyptian Constitution (“the principle source of legislation is Islamic
jurisprudence (Sharia)”) and arguing that “monotheistic religions were sent by God in
chronological order” and therefore one could not convert to “an older religion”. The court
also reasoned that, according to Sharia law, Islam was the final and most complete religion
and that Muslims already practiced full freedom of religion and could not convert to older
religions such as Christianity or Judaism.
86.
Mr. Hegazy was able to initiate another court case on 30 May 2009, which
reportedly was pending. This case was scheduled for a hearing on 16 February 2010.
87.
Mr. Hegazy’s wife, Ms. Katarina Hegazy-Kamel, was also born a Muslim and
converted to Christianity several years before she met her husband. Like Mr. Hegazy, her
status as a Christian convert is not legally acknowledged by the Egyptian authorities,
effectively denying her freedom to change, manifest and register her religion, and denying
her parental right to have her daughter receive a Christian education. Ms. Hegazy-Kamel
had also planned to apply to have her religious status amended on her identification card,
but the family was forced into hiding before she could apply.
88.
Ms. Hegazy-Kamel and Mr. Hegazy have a two-year old daughter. In Egypt, the ID
cards are required to enroll a child in school and children have to be educated in the Islamic
faith as long as their father is officially registered as a Muslim. Reportedly, the family of
Mr. Hegazy is currently in hiding and unable to leave the country, having been denied the
necessary passports.
89.
The Special Rapporteur appealed to the Government to ensure the right to freedom
of religion or belief of the family of Mr. Hegazy in accordance with articles 18 of the
International Covenant on Civil and Political Rights and of the Universal Declaration of
Human Rights. The latter provides that the right to freedom of thought, conscience and
religion “includes freedom to change his religion or belief”. In addition, the States Parties
to the International Covenant on Civil and Political Rights are required to respect “the
liberty of parents and, when applicable, legal guardians to ensure the religious and moral
education of their children in conformity with their own convictions”.
90.
The Special Rapporteur also referred to Human Rights Council resolution 6/37, in
which the Council urges States “to ensure that their constitutional and legislative systems
provide adequate and effective guarantees of freedom of thought, conscience, religion and
belief to all without distinction, inter alia, by the provision of effective remedies in cases
where the right to freedom of thought, conscience, religion or belief, or the right to practise
freely one’s religion, including the right to change one’s religion or belief, is violated”. The
Special Rapporteur also recalled that the General Assembly, in its resolution 63/181, urges
States “to step up their efforts to protect and promote freedom of thought, conscience and
religion or belief, and to this end: […] (c) To ensure that no one is discriminated against on
the basis of his or her religion or belief when accessing, inter alia, education, medical care,
employment, humanitarian assistance or social benefits; […] (e) To ensure that no official
documents are withheld from the individual on the grounds of religion or belief […]; (j) To
ensure that all public officials and civil servants, including members of law enforcement
bodies, the military and educators, in the course of fulfilling their official duties, respect all
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