Constitutional Law

Online
Comment
CJIL Online 4.1
Minority Rights Protections in the Post-Arab Spring Egyptian and Tunisian Constitutions
Sahar M. Omer
J.D. Candidate 2025, The University of Chicago Law School

I would like to extend my gratitude to the editorial board and staff of the Chicago Journal of International Law and to Professor Tom Ginsburg for advising me. I would also like to thank my friends and family for their constant support.

The 2011 Arab Spring was an inflection point for the Middle East and North Africa region, representing an opportunity for democracies in countries that have only experienced authoritarianism as sovereign nations. Both Tunisia and Egypt drafted and ratified new constitutions in the wake of their revolutions. Among the chief worries that citizens and onlookers had in their drafting processes was the role that Islamists would have, particularly in human rights and minority protections. As more citizens wanted fundamental rights protected in their constitutions, the drafters had the task of incorporating them with the Islamic identity of the state. Compromises by the Tunisian Islamists and secular groups led to a more well-received constitution by minority groups, while the opposite happened in Egypt. This Comment argues, based on the comparative success of the 2014 Tunisian Constitution, that religious-based democratic states will need to include more protections for minority and historically marginalized groups to increase their acceptance and longevity.