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Hopes as courts backs women judges
Published in The Egyptian Gazette on 15 - 03 - 2010

The Supreme Constitutional Court's backing the right of women judges to sit on the bench in the State's Administrative Courts and the State Council has generated plaudits from women's rights activists, while conservatives appear bent on fighting back.
"Sitting on the bench of judges in the State Council is women's right. It should have been taken as granted. However, we trust the Egyptian judicial system," Nehad Abul Qomsan, a women's rights activist, said Monday.
She was jubilant over the decision, while stressing that "this is not the last battle, we will continue to fight for all women's rights".
"Women were waiting for a much more decisive ruling from the Supreme Constitutional Court to put an end to discrimination against women in all fields of life," Abul Qomsan, a lawyer, told the Mail.
The ruling announced late Sunday follows a dispute within the State Council, the top administrative court, over whether women should be appointed.
Nasser Amin, a legal expert, maintained, however, that the ruling was not "decisive" and debates within the administrative courts could still continue along the conservative-liberal fault line.
"This is a conflict between liberals and conservatives within all institutions of the State," he said. "The Constitutional Court could have put an end to it, by saying discriminating against women in public office is unconstitutional and must cease."
The State Council's general assembly voted overwhelmingly against female judges last month, reigniting a debate within the country over women holding senior government posts, particularly in the judiciary.
Women's groups protested outside the State Council in Cairo following the decision.
The Special Commission, the court's supervisory body, however, overruled the assembly's decision, saying women should be considered for the job.
The Minister of Justice was designated by the Prime Minister to refer the standoff to the Supreme Constitutional Court for an interpretation.
The top court's ruling on Sunday said all citizens were equal before the law, and backed the State Council's supervisory body's jurisdiction over the issue.
Next week, the State Council's Special Commission, which comprises the oldest six judges in the council and the chief of the State Council, is scheduled to determine the final decision on women judges.
A member of the State Council, meanwhile, said Monday that the general assembly might take escalatory moves against the decision of the Constitutional Court, pointing out that it is illegal to let one court comment on another.
"The decision or interpretation of the Supreme Constitutional Court means nothing to us at all. Even if the Special Commission approved women judges, the general assembly can overrule their decision," the senior judge said, speaking on condition of anonymity.
He added that the assembly had the authority even to abolish the members of the Special Commission. "We are independent in the full sense of the word."
Abdel Mo'ti Bayoumi, a professor at Al-Azhar University, backing the decision, said that "there is no categorical religious reference in Islam that alludes to women's incapacity to become judges".
He affirmed: "Yes, they can become judges."


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