The Administrative Court decides to schedule the lawsuits of exceptional pensions to the heirs of doctors who died in the COVID-19 pandemic (Covid Martyrs’) for adjudication on October 28
Cairo, Egypt, September 3, 2023 – The First Circuit of the Administrative Court, has decided to schedule 49 lawsuits filed by families of martyrs of the medical staff who died as a result of their national role in combating (COVID-19) for adjudication on October 28, 2023.
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 Corona virus from doctors, specialists, nursing technicians, ambulance workers, and workers in the public and private health sector as “martyrs”, with its 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 Corona virus 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 ended 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 had submitted its 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 Corona virus) who died as a result of performing their national duty in combating (COVID 19). The report recommended that these families have the right to receive exceptional pension, in accordance with the Exceptional Pensions and Remunerations Committee affiliated to the Presidency of the Republic.
The report relied on the decision issued by the Prime Minister’s Office No.1035 of 2020, considering the outbreak of the Corona virus pandemic as a public disaster, and granting medical staff martyrs and other labor categories in hospitals and medical institutions an exceptional pension, including all increases and allowances, with the combination of this pension with any other pension or income. In addition, it explained that since the legislator has granted the administrative authority a discretionary power to grant pensions and rewards, it is, first of all, within its power to determine the amount of the pension without any objection, as long as its determination is free of abuse of power, as the matter is subject 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. And in accordance with the provisions of Article No.1 of Law No.71 of 1964 on the granting of exceptional pensions and rewards to those who provide great services to the country or to the families of those who die from 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 a simple compensation for them, especially in light of the economic conditions that the country is going through.