نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق عمومی، دانشکدگان فارابی، دانشگاه تهران، قم. ایران.
2 استادیار گروه حقوق عمومی، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Extended Abstract:
Introduction: Striving for freedom, equality-seeking, and breaking the tyranny can be considered the three main components of the recent decade's developments in the Middle East. Since 2010, the countries in this region have faced widespread public protests and have sought to implement extensive changes in their governance to achieve the people's demands. One of the countries where these uprisings occurred on a large scale was Egypt. Following the revolution of January 25, 2011, the previous regime was overthrown and a new regime was established in the light of democratic demands based on the rule of law. One of the active groups in the aforementioned revolution were religious minorities, who actively sought to participate in the revolution and play a significant role in the subsequent state-building efforts. This group's efforts stemmed from the fact that, as minorities in a country with Islam as the official religion, they were inherently deprived of many social benefits and rights. Additionally, the prevailing policies indicated that the Egyptian governments over the years had imposed clear discrimination against these minorities. Therefore, examining the legal norms influenced by the Arab Spring on the legal status of religious minorities in Egypt, which took a more concrete form with the drafting of the 2012 and 2014 constitutions, is an issue worthy of attention.
Methods: This paper, adopting a descriptive-analytical approach and utilizing the method of studying library resources, articles, etc., is written to analyze the research topic. Using this method, the present study is looking for an answer to this question: How have the post-revolution constitutions performed in ensuring and guaranteeing the rights of religious minorities?
Findings: According to the approach of the present article, it was found that: Firstly, the lack of official recognition of certain religious minorities in Egypt's legal system has not only led to the denial of their identity but also resulted in their natural rights and freedoms being overlooked, effectively removing them from the political and legal spheres. Secondly, the centralization of religious affairs within the state, weakness in executive and functional procedures, lack of easy and effective access to justice, justification of discrimination and violence, establishing an interpretation based on identity of the Egyptian and the Islamic identities, among others, have been influential in the failure to achieve the constitutional goals and the demands of religious minorities for equality in rights and autonomy in the religious domain.
Conclusion: This article, by a pathological analyzing the obstacles to the realization and exercise of the rights and freedoms of religious minorities, makes the following suggestions: Firstly, the Egyptian government must be committed to upholding the philosophy and implications of the constitution not only in theory but also in practice; Secondly, in order to observe the elements of citizenship rights, the necessary and appropriate infrastructures should be designed and implemented, and efforts should be made to assess and enhance them in cooperation with non-governmental organizations; Thirdly, the content of the educational system’s curriculum should be revised and reformed to promote tolerance and altruism; And finally, the right to self-determination, along with all its necessary conditions, should be recognized and respected for religious minorities
کلیدواژهها [English]
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