The Administrative Court considers lawsuits the doctors (Coronavirus martyrs) on May 21
On May 21, 2023, the Administrative Court, 9th Circuit decided a hearing to consider 21 lawsuits filed by the Egyptian Center for Economic and Social Rights as a power of attorney for a number of families of the martyrs of the medical services who died while doing their national duty in combating Coronavirus.
The Egyptian Center for Economic and Social Rights (ECESR) had filed dozens of lawsuits before the Administrative Court as a power of attorney for the families of the doctors who died while combating Coronavirus (martyrs), demanding a halt to the negative decision to refrain the deceased as a result of infection with Coronavirus from doctors, specialists, nursing technicians, ambulance workers, and workers in the public and private health sector as “martyrs”, with it’s consequences, most notably granting their families exceptional pensions and remunerations in return for the great services they did for the country, considering that they were the first defense line in combating coronavirus and became martyrs as a result of that. In addition, the Center demands equating them with the martyrs, victims, the missing and injured persons in war, anti-terrorist and security operations, with the benefits their families receive.
The plaintiffs mentioned that while doctors and the assisting medical teams were the first defense line in combating the pandemic, the virus took the lives of some of them, leaving their children, wives and families behind them. Despite their role in combating the pandemic, this only resulted in that their families were only honored from a number of the State bodies with certificates of appreciation together with material, moral and nominal gifts, in an obvious violation to the rules of equality between them and the rest of the Nation’s Martyrs.
The State Commissioners Authority submitted it’s report regarding lawsuits filed by the Egyptian Center for Economic and Social Rights (ECESR) as a power of attorney for dozens of the families of medical personnel (Martyrs of Coronavirus) who died as a result of performing their national duty in combating coronavirus (COVID 19). The report recommended that these families have the right to receive exceptional pension, according to the Exceptional Pensions and Remunerations Committee affiliated to the Presidency of the Republic.
The report depended on the issued decision from the Prime Ministry No. 1035 of 2020, considering the outbreak of Coronavirus as one of public disasters, and granting the deceased medical personnel and other categories of workers in hospitals and medical bodies due to Coronavirus an exceptional pension, inclusive of all increases and subventions, together with combining this pension with other any other pension or income. In addition, the report explained that since the legislator granted the administrative authority a discretionary power in granting pensions and remunerations, thus it would with a fortiori the right to determine the amount of pension without a cassation since it’s determination is free from abuse of power, as the whole matter is subjected to its absolute discretion.
The report recommended the plaintiffs be entitled to an exceptional pension pursuant to the Prime Minister decision No. 1035 of 2020 issued the approval for the suggestion of the Exceptional Pension and Remuneration Committee, and pursuant to the provisions of Article No. 16 of the Egyptian Constitution which stipulates that the State shall honor the martyrs of the nation; shall care for revolution-wounded persons, veterans and wounded warriors, families of those missing in war and its equivalents, and persons wounded in security operations, as well as their wives, children and parents; and shall strive to provide all of them with job opportunities, all as regulated by Law. In addition to the First Article of Law No.71 of 1964 regarding the granting of exceptional pensions and Numeratio to those who perform great services to the Country or to the families of those who die among them.
The Egyptian Center hopes that the Administrative Court issues a decision in light of this recommendation which is considered justice for those families that suffered from losing their breadwinners. This pension would be a well-deserved honor and compensation for them, especially under the current economic conditions.
