CAIRO: The proposals and complaints committee at the People’s Assembly approved Wednesday the proposal to amend Article 104 of the State Council law, changing the term “men of the State Council to “members of the State Council.
The proposal was brought forth by MP Ibtisam Habib and will open the door for the appointment of female judges without falling victim to loopholes in the law.
“The amendment of the law is an enforcement of the right of females in the constitution which stipulates the principles of equality, justice and non-discrimination, said Habib.
“It also ensures consistency between the texts of all the articles of the [State Council] law where people involved with judicial work are referred to as members of the State Council by the State Council except in Article 104 where they are referred to as ‘men’ of the State Council, she explained.
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.
The court also said that the decision is in the hands of the Special Council for Administrative Affairs, which oversees the State Council. However, the Special Council has deferred its decision pending the formation of a committee of judges who are to prepare a report on the issue and give an opinion on it.
The State Council, established in 1946, hears cases brought by individuals against the state.
When 380 judges took part in a general assembly vote, with 334 rejecting the appointment of females in judicial posts in the State Council, 42 accepting the motion and four abstaining, public opinion was stirred against the matter, with those strongly supporting the decision and others that are fiercely rejecting it.
I was surprised and confused – why are we going back to square one to discuss something that is our constitutional right? Tahany El-Gebali, who in 2003 became Egypt s first female judge when she was appointed to the Constitutional Court, the country s highest judicial body, told the Associated Press.
“There is no legal or constitutional barrier against the appointment of women at the State Council, however, before this amendment can be passed it has to be approved by the State Council as it is an independent judicial body and, according to the constitution, it must be consulted on all issues concerning it, 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.
One of the main reasons given in support of the decision to bar women from the State Council is that women are emotional.
“I am emotional and people have been trying to play on that in court, said Sally El-Seidy, a judge in the Criminal Court, adding that for example, a defendant’s mother can come sit close to her and starts crying in order to get her to sympathize with her son.
“However, I use these emotions in favor of creating justice, when there is a criminal found guilty I work to deliver a harsh penalty for what he did to society, she explained.
