Egypt is embroiled in a heated debate over appointing female judges. The Council of State, Egypt's highest administrative court, voted overwhelmingly to reject applications from female law graduates. Supporters argue society and rural areas are not ready to accept female authority figures, while critics say this violates women's constitutional rights and moves backwards after other gains. The Prime Minister requested the Constitutional Court weigh in on relevant laws, but the Council of State reaffirmed its rejection of female judges until further studies are completed. Activists accuse the government, rights groups, and female applicants themselves of not doing enough to defend women's rights in this battle.

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Egypt in Heated Debate Over Female Judges
April 29 , 2010-Olfa G. Tantawi wrote:
Egyptian women judges are going through a tough battle in order to join the benches of Egypt’s top
administrative court, the Council of State. A near victory might be awaiting them round the corner,
however the controversy is still heated.
So far, women have been accepted mainly as assisting judges in the constitutional court, civil courts, and criminal
courts. Now the turn has come to the administrative court – Egypt’s highest judicial authority along with the
constitutional court, and the last Egyptian court to be openly refusing to accept women in office.
An Overwhelming No
The row over Egyptian female judges goes back to the beginning of this year when Egypt’s Council of the State
announced that it will accept applications of young law graduates – regardless of their gender – to join the ranks of
the prestigious judicial organization. On February 15 the general assembly of the council overwhelmingly voted in
favor of a resolution forbidding the appointment of any of the women candidates. The decision was reaffirmed by a 4
to 3 vote of the assembly’s Special Council, which oversees the Council of State.
State council judge Nader Gaby tells Hiwar magazine that the stance of the council is not about women’s
competence to be judges.
“Of course they are competent as any of their male colleagues”, as he puts it. According to Gaby the reason for the
refusal is about a social setting which is not ready to accept women as judges.
The Council of State is highly politically influential, as its Chamber of Political Parties handles complaints against
the government’s Committee of Political Parties when refusing the creation of a party or when settling a dispute
concerning a political party.
Women’s Safety First
According to Nader Gaby the Egyptian society is generally not ready to accept women as judges. In his and his
colleagues’ opinion appointing women as judges in any court is a mistake.
He explains that the procedure for training judges involves assigning the fresh young graduates to courts in different
governorates all over Egypt in a round that will get them to move from one town, or even village, to another. And this
poses an obstacle to the women among the candidates, he thinks.
“First of all, the young female graduates will not be seen as a source of authority in some of the poor rural areas
especially in upper Egypt.”
Secondly, he states, the journey of the young judges around the country will demand years of high mobility and
instability for them.
“This will certainly affect negatively the social life of a young woman about to be married. Even when she marries
she will be forced at one point of time to leave her husband and perhaps new borns to work in primitive and often
insecure regions,” the state council judge says.
The alternative would be to assign the women to Cairo-based courts only.
“But this means a privileged assignment which is highly unfair to their male colleagues,” Gaby adds.
“Back to Square One”
Human rights activists counter the stance of the Council of State, and believe it is only an excuse to keep women

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away from the influential positions as judges. One of them is the human rights lawyer, Amir Salem, who has been a
loud voice in the Egyptian debate about female judges.
“Egyptian women all-over rural Egypt are sometimes doing men’s work in ploughing the land and enduring many
other hardships,” he says, noting that worries of unsafe surroundings and women’s roles as wives show a patriarchal
mentality that is largely imported from a Wahaby ideology eager to keep women imprisoned and enslaved in their
homes.
From Salem’s point of view, women’s rights in Egypt have come a long way since the 1920′s when women first
removed their veils and made a point that they should contribute to all walks of life. At present Egyptian women
serve as government ministers and business executives, as doctors and in other traditionally male dominated
professions.
“The refusal to appoint women as judges means that we are back to square one,” says Salem.
Salem is not the only one to see the State Councils position as back ward.
“I was surprised and confused — why are we going back to square one to discuss something that is our
constitutional right?” female judge Tahany el-Gebali was quoted saying to the Associated Press. In 2003 El-Gebali
became Egypt’s first female judge when she was appointed to The Constitutional Court.
A Matter for the Government
The Council of State’s decision infuriated women activists and human rights organization as well as The Egyptian
Woman National Council which is headed by the first lady Suzanne Mubarak. The Egyptian Woman National
Council openly condemned the judges’s decision.
In an attempt to overturn the decision, the Egyptian Prime Minister Ahmed Nazeef requested a clarification from
Egypt’s Constitutional Court of two legal articles – one that constitutes the foundation for appointment of judges, the
other concerns the division of power in the Council of State.
The article on the appointment of judges uses male gender phrasing throughout, and Nazeef wanted to know if this
should be interpreted as excluding women as judges. The Constitutional Court ruled that the phrasing of the article
is neutral and refers to both men and women.
Concerning the second article that deals with the division of power in the Council of State, the Constitutional Court
was cautious. Nazeef had asked if the smaller Special Council has the power to overrule the big General Assembly
of the Council of State. The Special Council is more positive towards female judges, though four out of seven
members still oppose their appointment.
Observers believe, that Nazeef hope to move one vote in the Special Council and ensure a victory for the women and
for the government.
Criticism of Nazeef
The government’s approach was heavily critiqued by analysts and observers. Raouf Ebeid, a prominent Egyptian
lawyer, commented in an article published on Political Islam Online:
“Rather than asking the constitutional court to decide the matter in reference to the fundamental rights and
principles embodied in Egypt’s constitution, the government would have them decide the matter based on Arabic
language semantics.”
Similarly, Waheed Abd el Maguid the vice editor in chief of Egypt’s state owned Al Ahram newspaper, warned that
defending women’s freedom and rights by endangering the independence of Egypt’s judicial system is “a very risky
path to choose”.
The Council of State voted in the first week of April again with an overwhelming 318 to 1 to postpone the
appointment of any women or male judges until it has conducted further studies of the matter. The final decision will
be announced by mid July. The council issued a statement warning that any further attempts to interfere to change
their decision will be an undemocratic measure that threatens the judicial independence of the council.

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All to Blame
“The government intervention was not meant to serve the cause it was only a media show,” says human rights
lawyer Amir Salem. He also lashes out at human rights organizations:
“They went on making angry statements denouncing the decision and making street protests for the sake of the
show, for media to quote them, but they did not take the issue further to ask for constitutional rights.”
“The young female graduates are themselves guilty, they did not try to defend their rights, they kept silent and left it
to others to speak for them,” Salem adds.
Gaby’s Anecdote
Rodah Ahmed, a young female lawyer and a human rights activist, agrees with Salem.
”These young female law graduates all come from an upper middle class background, some of them were daughters
of judges themselves, they did not want to embarrass their fathers and families with engaging into a fight.”
She thinks however, that women in the judicial field are advancing rapidly, there are female judges now in the civil
courts and the criminal courts. “ It is difficult but we are getting there” she added.
Whether just a set back for women’s rights or the last fortress, the opposition in the Council of State towards female
judges is under pressure. This is illustrated in an anecdote told by judge Nader Gaby himself: As he went on to
defend his point of view and explain the hazards of appointing young female judges to an ex-governor who is also a
friend of his, the latter replied with a proud smile: “Well, you know my daughter has recently been appointed a judge
in a civil court.” Gaby expresses his amazement at his friend’s attitude and adds: “Of course, I just kept silent.”
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