CAIRO: The Special Council deferred its decision regarding the appointment of female judges at the State Council pending the formation of a committee of judges who are to prepare a report on the issue and give its opinion on it.
“There is no legal or constitutional barrier against the appointment of females at the State Council so what is there to be studied and examined? said head of the Cairo Economic Court Judge Rasha Mahfouz, one of the first female judges in Egypt.
As a law student in the 1970s, Mahfouz was disqualified from applying for a position at the State Council because she is a woman.
“I remember the scene perfectly, I went to submit my application but they wouldn’t take it and the reason they gave me was ‘You are a girl.’ But that didn’t stop me. I demanded further clarification so they made me go into the hall and talk to the members of the State Council, she recalled.
“There I asked one of the judges who politely answered, saying, ‘You have all the judicial fields open for you except for this body,’ said Mahfouz, “At the time I was also told that I will never be given the title ‘judge’; but we did it so I’m sure we will also get into the State Council.
Last week, the Supreme Constitutional Court ruled on a clarification concerning the constitutionality of denying female judges seats in the State Council. It said that the law grants both men and women equal rights to assume judicial positions in administrative courts.
Furthermore, the court said that the State Council’s general assembly is not authorized to rule on the issue of whether or not female judges can be appointed, but that the decision is in the hands of the Special Council for Administrative Affairs, which oversees the State Council.
Female judges waiting for the Special Council’s decision cited the story of Aisha Rateb who in 1949 applied for a position as judge at the State Council and after being rejected, she sued the government.
At the time, one of the members filed a complaint saying that according to Egyptian law and Islamic Sharia, a woman can serve as judge. He added that it was society that prevented her. Rateb’s struggle was supported by the media, public opinion and by feminist leader Hoda Shaarawi.
Another female activist, who preferred to remain anonymous said, “It is obvious that they are beating around the bush with all these procedures, they want to find any loophole to disqualify females from joining administrative courts, but the thing is until now they can’t find any and they won’t.
“After 42 female judges and role models such as Aisha Rateb to look up to, we will continue the quest to get our constitutional and legal rights, said Judge Amal Ammar.
