CAIRO: The Egyptian Initiative for Personal Rights (EIPR) filed a lawsuit before the African Commission on Human and Peoples’ Rights (ACHPR) against the Egyptian government, challenging its policy in religion-based custody battles, EIPR said in a statement.
Throughout the recent history of legal cases, the state has altered the religious affiliation of Christian children when one of their parents converts to Islam, awarding custody to the Muslim parent.
At the heart of the lawsuit is the case of Kamilia Lotfy who lost custody of her 14 year-old twin sons Mario and Andrew to the father who had converted from Christianity to Islam. On Sept. 24, 2008, the Alexandria Appellate Court issued its final ruling in the case in favor of the father. In 2006, he changed the religious affiliation of his children in public records to Islam.
According to EIPR, the court’s decision was based on the court s interpretation of Sharia. However, Article 20 of Egypt s Personal Status Law stipulates that the mother is the custodial parent of children below the age of 15. The article doesn’t have any clauses regarding religion.
The African Union s primary human rights body started its biannual regular session Monday in Abuja, Nigeria. The ACHPR is expected to consider the case before referring it to the Egyptian government for response, the statement read.
The organization is accusing Egypt of violating the African Charter on Human and Peoples Rights, which it ratified in 1984. According to EIPR, the government s treatment of Lotfy’s case constituted discrimination based on her religion and violated her right to equal protection before the law.
The organization also charges the government of violating the twins’ right to freedom of religion and of contravening its legal obligation to protect child rights.
The EIPR submitted the new case in partnership with the London-based INTERIGHTS- International Center for the Legal Protection of Human Rights.
