10 Years Since the Revolution: Why Ending Discrimination Against Women in Egyptian Judiciary Is Still Slowing?

The absence of rule of law, the powerful social practices, and the misconception of Islamic religious rules are the main reasons behind discrimination against women and violence against women.

It has been almost ten years since the Egyptian Revolution of January 25, 2011, has taken place. Two months after the revolution, Egyptian women took to the streets to celebrate International Women's Day with hopes of change. Feminists and women's organizations were optimistic about having gender equality and ending violence against women on the top of the reform agenda. In 2014, a new spark has arisen when a new constitution that commits the state to achieving gender equality was issued. The 2014 constitution requires the state to take the necessary measures to ensure the appropriate representation of women in parliament. What is also surprising is that the constitution for the first time explicitly provides for Egyptian women's right to appointment in judicial bodies and public entities without discrimination. This explicitdrafting contrasts with the previous constitutions that ignored women empowerment. It seems that the intention behind the new constitution is not only to reflect the revolutionary spirit of the January 25 uprisings, but also the desire to end the ongoing debate on women's right to work for the Judiciary.

The Egyptian Judiciary includes two bodies: the ordinary courts and administrative courts. To be a judge at the ordinary courts, a candidate must first join the public prosecution and continue until being promoted to a judge. The same applies to administrative courts. Unfortunately, women are not allowed to join neither the public prosecution nor administrative courts. Accordingly, along with the history of the Egyptian Judiciary, women could not be judges. The only exception was the appointment of thirty female judges in 2007, followed by additional twenty-five in ordinary courts by an exceptional presidential decree despite the resistance of the judiciary system's leadership. This exceptional legislative practice was politically motivated rather than reflecting years of work on women's rights.

Currently, females cannot apply, like their male peers, for judiciary posts unless nominated on an exceptional basis and subject to the discretionary power of the relevant authority with no clear criteria for appointment. Also, women are deprived from joining the administrative Judiciary, even on exceptional basis. That is despite the explicit language of the 2014 constitution committing the state to enable the appointment of women in judicial bodies without discrimination. Ironically, in 2017, the State Council of Egypt (representing administrative Judiciary) declined a case brought by a young woman law graduate claiming her right to be appointed as a judge.

This breach of the rule of law and the continuing discrimination against women explain why Egypt is one of the worst countries for women in the Middle East. The absence of rule of law, the powerful social practices, and the misconception of Islamic religious rules are the main reasons behind discrimination against women and violence against women. The court justified declining women’s right to work for the judiciary due to the difficulty of judicial work, the social obligations of women, the conservative nature of the Egyptian society, and an interpretation of Islamic Law that prohibits women from becoming judges. In conclusion, ending discrimination against women and violence against in Egypt cannot be achieved by merely amending laws. Transformation in cultural, societal, and religious attitudes towards women's rights is a must.

This blog series is part of the Wilson Center series exploring the many facets of gender-based violence around the world, in parallel with the 16 Days of Activism against Gender-Based Violence that runs from November 25 – December 10, 2020.