MENA Protection Coordinator at the International Foundation for the Protection of Human Rights Defenders (Front Line Defenders), and is also a member of the executive committee of the Euro Mediterranean Human Rights Network. El Fegiery was previously the Executive Director of Cairo Institute for Human Rights Studies and is currently a member of its board of directors. He was also a Research Associate at the Foundation of International Relations and External Dialogue. El Fegiery obtained his PhD in Law and his MA in International and Comparative Legal Studies from the School of Oriental and African Studies, University of London.
>> In societies emerging from authoritarian rule and/or conflict, measures of transitional ... more >> In societies emerging from authoritarian rule and/or conflict, measures of transitional justice should pave the way for national reconciliation. They should also help build new institutional and legal structures to consolidate democracy and human rights. Post-revolutionary Tunisia, Egypt and Libya have yet to properly embark on inclusive transitional justice processes. They need to do this not just to address their heavy legacy of human rights abuses during decades of authoritarian rule, but also to heal the deep divides caused by turbulent political transitions over the past three years. Unlawful killing, mass arbitrary detention and torture continue to occur under transitional governments, reaching alarming levels in Libya and Egypt. The widespread involvement of non-state actors in these crimes, particularly in Libya, is evidence of societal division, polarisation and a severe security deficit in these transitional settings.
The European Neighborhood Policy (ENP) and the Euro-Mediterranean Association Agreements continue... more The European Neighborhood Policy (ENP) and the Euro-Mediterranean Association Agreements continue to function as the principal institutional framework through which Europe addresses issues of human rights and democracy in many Arab countries and Israel. European states and institutions employ the instruments available within this framework, primarily periodic bilateral talks between the EU and each partner state conducted in meetings of the partner councils, which include high-level political representation, and the special subsidiary committees focused on diverse topics such as human rights, which include experts from both the European and Mediterranean partner states. The EU also urges the implementation of ENP action plans, seeing these as a political declaration reached voluntarily with partner countries to guide the process of political, economic, and social reform and human development. Indeed, the level of relations between the EU and partner states is determined based on the...
This series of policy briefs provides a regular update of debates concerning key rights issues in... more This series of policy briefs provides a regular update of debates concerning key rights issues in three Arab states, Morocco, Egypt and Tunisia. In a first round of briefs on the three countries, we provide background on these debates since the beginning of the Arab spring
This report links Egypt’s shifting political phases to debates more specifically about citizenshi... more This report links Egypt’s shifting political phases to debates more specifically about citizenship rights. It offers a general overview of Egypt’s recent political trajectory, before unpacking the various dimensions of debates over citizenship rights. In each of the three political phases since Mubarak’s ousting, citizenship rights have been curtailed. Crucially, the reasons for their constriction have been different in each phase. Some limitations have derived from largely political power plays, others from more philosophical-theological factors. It is important to distinguish between these different forms of debate if we are better to understand prospects for the future of citizenship rights in Egypt.
FRIDE is an independent think-tank based in Madrid, focused on issues related to democracy and hu... more FRIDE is an independent think-tank based in Madrid, focused on issues related to democracy and human rights; peace and security; and humanitarian action and development. FRIDE attempts to influence policy-making and inform public opinion, through its research in these areas.
The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion ... more The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion from Islam to Christianity. It argues that the Egyptian judiciary has failed to develop a harmonious relationship between Islamic law and the principle of freedom of religion. It looks at how the majority of cases examined before the Egyptian judiciary reveal a continued tension between freedom of religion as defined in international human rights law and its judges' interpretation of Islamic law as a constitutive element of public order. Recently, the Supreme Administrative Court tried to break through traditional barriers regarding the right of converts of Christian origin to record their re-affiliation to Christianity in their documents of identification, and pragmatically justified this precedent in light of the requirements of modern states, whereby identity cards should reflect the correct information of each citizen. Yet it argues that the court was not conscious of freedom of religion as a fundamental individual right, and moreover, that this precedent has not been followed with respect to converts of Islamic origin. Finally, the paper argues that, for a sustainable solution to the legal tensions concerning apostasy in Egyptian courts, a new perspective is required on the relationship between Islamic law and religious freedom whereby the universal understanding of freedom of religion can be legitimized from within Islamic legal traditions. The article also proposes a set of constitutional and legal measures to enhance freedom of religion in Egypt.
a. Arab Perspective: Islamic Sharia and the universality of human rights: Muslim scholars' school... more a. Arab Perspective: Islamic Sharia and the universality of human rights: Muslim scholars' schools and approaches, Moataz El Fegeiry 11 b. European Perspective: Religious voices and state reactions, Eva Maria Lassen 29 5. Culture, Politics and Human Rights in the Arab World 35 a. Women's right in Egypt in the context of the political, religious and cultural discourse, Mozn Hassan 35 b. A Tale of a Torrential Totalitarianism: The crises of freedom of belief and minorities' rights in Egyptian society, Adel Gendy 47 c. The alliance of political and religious despotisms, Helmy Salem 70 6. Culture, Politics and Human Rights in Europe 97 a. The representation of minorities in the media, Anders Jerichow 97 b. Religious minorities in Denmark and Europe, Bashy Quraishy 103 c. Women's rights in Denmark -challanges and opportunities, Ingrid Stage 110
Islam and Human Rights: Key Issues for Our Times is a collection of essays edited by Geneive Abd... more Islam and Human Rights: Key Issues for Our Times is a collection of essays edited by Geneive Abdo and authored by Elie Abouaoun, Harith Hasan Al-Qarawee, Moataz El Fegiery, Mohammad Fadel, Omar Iharchane, Driss Maghraoui, Imad Salamey, and Asma T. Uddin. This publication is part of the Hariri Center’s Islamic Law and Human Rights in the Middle East initiative. By presenting the reader with a range of contemporary thinking on the most pressing issues facing Muslims today, including questions of democracy, free expression, human rights, gender and minority rights, and the notions of legitimate governance, this volume reflects new thinking on these issues.
Though the focus of this book is on Egypt and on the experience of the Muslim Brotherhood, it is ... more Though the focus of this book is on Egypt and on the experience of the Muslim Brotherhood, it is a highly topical and interesting study of interest for all those engaged in the study of democracy and human rights under the conditions of the popular call for the implementation of Shari'a by Islamist movements. The study of El Fegiery matters to all who try to understand the nature of Islamist movements worldwide. --Professor Bassam Tibi, University of Goettingen, Germany
>> In societies emerging from authoritarian rule and/or conflict, measures of transitional ... more >> In societies emerging from authoritarian rule and/or conflict, measures of transitional justice should pave the way for national reconciliation. They should also help build new institutional and legal structures to consolidate democracy and human rights. Post-revolutionary Tunisia, Egypt and Libya have yet to properly embark on inclusive transitional justice processes. They need to do this not just to address their heavy legacy of human rights abuses during decades of authoritarian rule, but also to heal the deep divides caused by turbulent political transitions over the past three years. Unlawful killing, mass arbitrary detention and torture continue to occur under transitional governments, reaching alarming levels in Libya and Egypt. The widespread involvement of non-state actors in these crimes, particularly in Libya, is evidence of societal division, polarisation and a severe security deficit in these transitional settings.
The European Neighborhood Policy (ENP) and the Euro-Mediterranean Association Agreements continue... more The European Neighborhood Policy (ENP) and the Euro-Mediterranean Association Agreements continue to function as the principal institutional framework through which Europe addresses issues of human rights and democracy in many Arab countries and Israel. European states and institutions employ the instruments available within this framework, primarily periodic bilateral talks between the EU and each partner state conducted in meetings of the partner councils, which include high-level political representation, and the special subsidiary committees focused on diverse topics such as human rights, which include experts from both the European and Mediterranean partner states. The EU also urges the implementation of ENP action plans, seeing these as a political declaration reached voluntarily with partner countries to guide the process of political, economic, and social reform and human development. Indeed, the level of relations between the EU and partner states is determined based on the...
This series of policy briefs provides a regular update of debates concerning key rights issues in... more This series of policy briefs provides a regular update of debates concerning key rights issues in three Arab states, Morocco, Egypt and Tunisia. In a first round of briefs on the three countries, we provide background on these debates since the beginning of the Arab spring
This report links Egypt’s shifting political phases to debates more specifically about citizenshi... more This report links Egypt’s shifting political phases to debates more specifically about citizenship rights. It offers a general overview of Egypt’s recent political trajectory, before unpacking the various dimensions of debates over citizenship rights. In each of the three political phases since Mubarak’s ousting, citizenship rights have been curtailed. Crucially, the reasons for their constriction have been different in each phase. Some limitations have derived from largely political power plays, others from more philosophical-theological factors. It is important to distinguish between these different forms of debate if we are better to understand prospects for the future of citizenship rights in Egypt.
FRIDE is an independent think-tank based in Madrid, focused on issues related to democracy and hu... more FRIDE is an independent think-tank based in Madrid, focused on issues related to democracy and human rights; peace and security; and humanitarian action and development. FRIDE attempts to influence policy-making and inform public opinion, through its research in these areas.
The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion ... more The article analyses Egyptian jurisprudence on the issue of apostasy, with a focus on conversion from Islam to Christianity. It argues that the Egyptian judiciary has failed to develop a harmonious relationship between Islamic law and the principle of freedom of religion. It looks at how the majority of cases examined before the Egyptian judiciary reveal a continued tension between freedom of religion as defined in international human rights law and its judges' interpretation of Islamic law as a constitutive element of public order. Recently, the Supreme Administrative Court tried to break through traditional barriers regarding the right of converts of Christian origin to record their re-affiliation to Christianity in their documents of identification, and pragmatically justified this precedent in light of the requirements of modern states, whereby identity cards should reflect the correct information of each citizen. Yet it argues that the court was not conscious of freedom of religion as a fundamental individual right, and moreover, that this precedent has not been followed with respect to converts of Islamic origin. Finally, the paper argues that, for a sustainable solution to the legal tensions concerning apostasy in Egyptian courts, a new perspective is required on the relationship between Islamic law and religious freedom whereby the universal understanding of freedom of religion can be legitimized from within Islamic legal traditions. The article also proposes a set of constitutional and legal measures to enhance freedom of religion in Egypt.
a. Arab Perspective: Islamic Sharia and the universality of human rights: Muslim scholars' school... more a. Arab Perspective: Islamic Sharia and the universality of human rights: Muslim scholars' schools and approaches, Moataz El Fegeiry 11 b. European Perspective: Religious voices and state reactions, Eva Maria Lassen 29 5. Culture, Politics and Human Rights in the Arab World 35 a. Women's right in Egypt in the context of the political, religious and cultural discourse, Mozn Hassan 35 b. A Tale of a Torrential Totalitarianism: The crises of freedom of belief and minorities' rights in Egyptian society, Adel Gendy 47 c. The alliance of political and religious despotisms, Helmy Salem 70 6. Culture, Politics and Human Rights in Europe 97 a. The representation of minorities in the media, Anders Jerichow 97 b. Religious minorities in Denmark and Europe, Bashy Quraishy 103 c. Women's rights in Denmark -challanges and opportunities, Ingrid Stage 110
Islam and Human Rights: Key Issues for Our Times is a collection of essays edited by Geneive Abd... more Islam and Human Rights: Key Issues for Our Times is a collection of essays edited by Geneive Abdo and authored by Elie Abouaoun, Harith Hasan Al-Qarawee, Moataz El Fegiery, Mohammad Fadel, Omar Iharchane, Driss Maghraoui, Imad Salamey, and Asma T. Uddin. This publication is part of the Hariri Center’s Islamic Law and Human Rights in the Middle East initiative. By presenting the reader with a range of contemporary thinking on the most pressing issues facing Muslims today, including questions of democracy, free expression, human rights, gender and minority rights, and the notions of legitimate governance, this volume reflects new thinking on these issues.
Though the focus of this book is on Egypt and on the experience of the Muslim Brotherhood, it is ... more Though the focus of this book is on Egypt and on the experience of the Muslim Brotherhood, it is a highly topical and interesting study of interest for all those engaged in the study of democracy and human rights under the conditions of the popular call for the implementation of Shari'a by Islamist movements. The study of El Fegiery matters to all who try to understand the nature of Islamist movements worldwide. --Professor Bassam Tibi, University of Goettingen, Germany
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