The Rights of Religious Minorities in Muslim-Majority States: A Comparative Study of Egyptian Copts and Iraqi Christians

Abstract

This paper takes up the constitutional recognition of individual and collective rights for religious minorities in Muslim-majority states, discussing how constitutions in such states approach the question of legal protection for minorities in order to foster a climate conducive to coexistence between its constituent religious groups. It also examines the claims that Arab and Islamic states deny religious diversity, offering a comparative analytical study of the rights of Copts under the 2014 Egyptian constitution and the rights of Iraqi Christian minorities under the 2005 constitution. The study concludes that the constitutional provisions for the protection of the rights of religious minorities in these two states are relatively progressive compared to the constitutions of other Islamic states. This is particularly true of the Iraqi constitution, which generally has a better approach to the protections offered religious minorities than its Egyptian counterpart, especially when it comes to combatting discrimination and providing for political participation. Nevertheless, the study asserts that the real problem lies in the application of constitutional provisions on the ground due to the failure of the two states, particularly Egypt, to institute explicit procedural measures to guarantee genuine protection for minority religious rights.