Research Title: “حق التظاهر هل هو حق فى التعبير أم حق فى التغيير” رؤية تحليلية نقدية لقانون التظاهر المصرى
Author: دكتورأسامة شوقى محمد عبد القادر الحوفى
Abstract: The right to demonstrate is one of the basic rights and fundamental to the human being, which provoked controversy and confusion around it, especially after the revolutions of the Arab Spring, including the Egyptian revolutions of January 25, 2011 and June 30, 2013, followed by the enforcement of Law 107 of 2013 pertaining to the right to public meetings and processions and peaceful demonstrations, which aroused the anger of many who requested its annulation as it is a law that restricts freedoms and suppressive of self-expression, not putting in mind that every right corresponds to an obligation. Likewise having the right for self-expression through demonstration, there is an obligation to preserve the rights of others and not infringe upon them, but they are after a law that fits their needs, and hence it was not so appealing for them.
My choice of discussing the law of protests comes as an attempt to illustrate its points of criticism, which will be of benefit to the Arab legislator helping him to avoid those gaps when legislating the law of demonstration, and achieving the balance between the basic right of demonstrating, and preserving the right of other citizens their lives, possessions, and honour avoiding any misinterpretation of the legal text.
This study attempts to analyze the Egyptian law of demonstration providing a critical analysis of its stipulations to indicate the unnecessary contradictions, and act as a tool to guide the Arab legislator to avoid these pitfalls in the future.
The research contains two sections: the first of which is the legitimate and legal framework for the demonstrations, which consists of two demands, the first of which is the legitimate legality of the demonstrations, and the second is the legal controls of the demonstrations.
Secondly, presenting a critical analysis of Law 107 for the year 2013 on the organization of the right to public meetings, processions, and peaceful demonstrations including all its twenty-five articles.
My choice of discussing the law of protests comes as an attempt to illustrate its points of criticism, which will be of benefit to the Arab legislator helping him to avoid those gaps when legislating the law of demonstration, and achieving the balance between the basic right of demonstrating, and preserving the right of other citizens their lives, possessions, and honour avoiding any misinterpretation of the legal text.
This study attempts to analyze the Egyptian law of demonstration providing a critical analysis of its stipulations to indicate the unnecessary contradictions, and act as a tool to guide the Arab legislator to avoid these pitfalls in the future.
The research contains two sections: the first of which is the legitimate and legal framework for the demonstrations, which consists of two demands, the first of which is the legitimate legality of the demonstrations, and the second is the legal controls of the demonstrations.
Secondly, presenting a critical analysis of Law 107 for the year 2013 on the organization of the right to public meetings, processions, and peaceful demonstrations including all its twenty-five articles.
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doi:10.23918/ilic2019.42
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PROCEEDINGS OF 4th iNTERNATIONAL LEGAL ISSUES CONFERENCE 2019
Faculty of Law/ Tishk International University
Date: 30th April 2019
Venue: Kurdistan Region_Erbil
ISBN:9789922903620