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EGYPT: A court rules in favor of 12-year-old Azza |
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Moe |
04/01/01 at 23:24:39 |
A court rules in favor of 12-year-old Azza by Hossam Bahgat http://www.cairotimes.com/news/azza2.html The administration of the private French Champollion School in Alexandria probably never expected that the choice of a 12-year-old to cover her hair could cause them so many problems. And its certain that those same school officials now feel at least a little regret over their decision to expel Azza Mohammed Zaki and her three brothers last October after an Alexandria court awarded the family LE600,000 on 20 March and ordered the school to open the doors to the children. The school, which is subsidiary to a non-governmental organization, prevented Azza from attending classes at the beginning of the school year last September because she had taken to wearing a headscarf. The school said that the French secular education system prohibited showing any religious or political symbols inside school, although Frances council of state has said that wearing a headscarf does not count unless it disrupts the schools functioning. After Azza refused to take off her veil or to alternatively take private lessons after school, the affair leaked to the press, leading the schools parents association to expel Azza and her three brothers Mohammed (10), Youssef (8), and Yassin (4). The suit raised by Azza and her parents named as defendants the head of the school association (Association des Parents dElves de lEcole FranaiseAPEEF), Jean Cador; school director Alain Barnaud; Minister of Education Hussein Kamal Bahaeddin; and Alexandria governor Abdel Salam Mahgoub. The court found the last two parties innocent and split the damages between the first two parties. The French Consulate in Alexandria surprised everyone when it submitted a plea to intervene with the court on behalf of the school and APEEF, after it had denied throughout the crisis that it had any relation with the schools administration or anything to do with its curriculum. Although the court allowed the consulate to intervene, it did not accept any of its requests. The consulate had asked the court to consider Barnaud and Cador as diplomats who could not be tried under Egyptian law. Head Judge Hussein Al Gabri said that international law does not grant diplomatic immunity to bureaucrats. The court also refused to drop the case against Cador on the grounds that he had left Egypt for good. In its ruling, the court referred to articles 18, 46 and 57 of the Egyptian constitution which guarantee the right of education, freedom of religion and prohibit assaults on personal freedom. It also made use of the UN International Child Rights convention of 1989 and the 1960 UNESCO convention against discrimination in education. During the trial, the family came forth with medical testimony from psychologists showing that the children had been afflicted with psychological damage after having been expelled from the school. Both Azza and Mohammed failed their mid-term exams at their new school due to the difference in curriculum and education. Despite the damages awarded to the court, it looks like the family is not going to stop there. "The courts verdict proves that the school is Egyptian and is subject to Egyptian law," said Nadida Al Daqaq, the familys lawyer. "But despite that, it doesnt teach Arabic and it has no files at the Ministry of Education." Al Daqaq has filed another case with the Administrative Court calling into question the legal basis of the school, which was formed following a cultural agreement between Egypt and France in 1968. Although the school and the French Embassy refused to comment on the remark, they have already submitted an injunction to stop the implementation of the ruling while they file an appeal. Al Daqaq responded by raising a countersuit demanding more damagesthe original sum was LE10 million for the four childrenand she is further considering filing a personal suit against Bernaud for impinging on Azzas personal freedom as allowed by the constitution. She stated that she was concerned that the French Embassy would try to get him out of Egypt before the case came to court. While the case was still in court, both Azza and her family said that they had no desire to go back to the school, no matter what the final verdict might be; now, however, new considerations have changed their mind. "Although theyre happy at their new schools, theyve found difficulty adjusting to the different curriculum," said Nagla, Azzas mother. "Its really affected their level, so theyll be forced to return to Champollion, even if they have to repeat the school year." The four children went to the school with their parents and lawyer after the verdict was handed down and attended the morning classes as an expression of their victory, but they have returned to their new schools until the appeals process is completed. In the meantime, the French cultural attach contacted the family and asked to meet them. A meeting was set for 28 March, and the family expects the embassy to ask for an amicable settlement to the matter. "We have no objections to an amicable settlement," said Nagla. "But without giving up our basic rights: the return of the children to their classes and Azza being able to wear the veil that she chose of her own free will." |
Re: EGYPT: A court rules in favor of 12-year-old Azza |
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ki |
04/02/01 at 16:15:02 |
Alhamdulillah!!!!! |
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