Reproductive Justice as a Human Right .. Lawsuit by the Egyptian Center to Facilitate IVF Treatment for a Prisoner’s Wife

The Egyptian Center for Economic and Social Rights has initiated legal proceedings before the Administrative Court in Cairo against the Minister of Interior, the Assistant Minister for Human Rights, and the Director of the Community Protection Sector in Minya Governorate, in their official capacities. Acting on behalf of a petitioner, the lawsuit seeks to annul an administrative decision refusing her request for biological samples and medical tests from her incarcerated husband to undergo in vitro fertilization (IVF) at her own expense.
The claim outlines that the petitioner married her husband in 2014. Their marriage, though stable, faced fertility issues. After multiple attempts, she successfully conceived triplets through IVF. However, her husband’s arrest in January 2015, subsequent pretrial detention, and eventual 15-year sentence in 2022 resulted in psychological trauma that led to her miscarriage, crushing their shared aspiration of parenthood.
The filing asserts that the petitioner’s advancing age, now 36, significantly reduces her chances of conception. Her health condition further precludes natural pregnancy, making IVF her sole option for achieving maternity.
A formal application was submitted to the Ministry of Interior and relevant officials, requesting permission for the IVF procedure while committing to cover all related expenses and affirming its legal permissibility. The absence of a response from the authorities compelled her to seek legal remedy through the Egyptian Center.
The lawsuit contends that the procedure is a medically necessary action consistent with legal provisions guaranteeing prisoners access to healthcare services and that it poses no legal infringement.
In Egypt, the absence of explicit statutory provisions authorizing conjugal visits deprives prisoners of fundamental marital rights, including natural reproduction. While religious authorities have issued rulings affirming that denying this right is impermissible, the implementation of conjugal visits remains subject to administrative discretion.
In 2017, Al-Azhar’s Global Center for Electronic Fatwas deemed IVF permissible under Islamic law, underscoring that the preservation of lineage is a fundamental objective of Sharia.
Based on these principles, the Egyptian Center for Economic and Social Rights calls on the authorities to reevaluate their policies regarding prisoners’ rights and to uphold their basic human entitlements, including reproductive rights, in compliance with international human rights norms.