Justice demands women judges
The Arab world leads Egypt in the role women play in the judiciary. With the application of the constitution and an inclusive tone to the debate, Ehab El-Sonbaty* believes Egypt may soon catch up
The strident debate underway concerning the appointment of women judges might lead one to believe that Egyptian society is polarised between supporting and opposing parties whose main concern is arguing for its own sake. Unfortunately, this style of debate is now characteristic of any topic under discussion in Egypt, where groups simply take sides and leave no space for airing differences or reaching common ground. Calm, objective discussion which respects the other side might, on the other hand, result in a practical compromise without causing resentment.
Support for women judges goes too far in its disregard of the historical background and current circumstances; opposition to the idea denies women any role whatsoever in the judicial system. Extreme positions are of no benefit to either side and distort what matters, which is how women can assume their desired role in the judiciary bearing in mind the current hindrances.
First, we must remember that women make up half of Egyptian society, and development is inconceivable without their active participation. There might seem no need to repeat this at the beginning of the 21st century, nevertheless it is sometimes worthwhile to do so. Men and women live and work together, they share in disappointment and success: that is inescapable reality. Egypt has reaped the benefits of women's participation in science, entertainment, medicine and law, not to mention their major role, over the years, in the nationalist struggle against occupation and colonialism.
It is high time that a woman's role be determined on the basis of her suitability and qualifications, not her gender. I have no doubt that Egypt needs the serious and sincere efforts of all outstandingly qualified people in these trying times. There is no reason for a qualified woman to be denied a position she deserves solely because of her gender. It would be nonsensical to offer an unqualified man a position simply owing to his being a man. Selection criteria should be objective, not personal; meritocracy should rule. This leads us on to a particular post, more correctly vocation, where women are still excluded: the judiciary.
The Shari'a concerning the appointment of women judges is best left to distinguished experts in fiqh. I would say, however, that a properly sanctioned Islamic legal opinion asserting women's right to sit as judges would benefit Egypt and the Islamic peoples.
The law and constitution are quite sufficient to confirm and uphold the values of equality and equal opportunity for all citizens irrespective of race or gender. Furthermore, statutes pertaining to the judiciary itself and other relevant laws contain itself is the centre of debate, to be at the forefront of those calling for women to receive their full constitutional rights as individuals and citizens.
The question whether women are physiologically and psychologically up to the job is often raised in discussions concerning women judges. I find this line of argument unconvincing, as women have more than proved themselves capable in body and mind of performing duties more arduous than usually the case for a judge. Physically, women work late in banks and the stock exchange, profit-driven environments which only take on staff capable of operating under pressure. There is no scientific evidence to support the notion that women are at any mental disadvantage compared with men. All the objective evidence proves that women cope with problems and take difficult decisions at work and at home. An ideal example is the Administrative Prosecution where woman has reached the highest level: she investigates the most serious cases and takes critical decisions.
Another issue is the requirements to travel or relocate which are in the nature of prosecutors' and judges' work. First, let us not forget that the authority of a prosecutor and the respect he enjoys derive not from his being a man, but from the powers granted him by the constitution and the law, and from esteem towards his office. Thus a youthful deputy-prosecutor can expect the cooperation of his elders as a result of the prestige of the judiciary which he represents. To think otherwise would be to belittle the high standing of the bench. Women judges should expect to receive respect, like their male colleagues, in deference to the seat of justice, not its occupant.
When it comes to handling corpses, women doctors and surgeons are long attested, while living away from home is a requirement for many women teachers and doctors. Egypt's female diplomats have had no problems living abroad for extended periods. Having the stomach to examine corpses does not exclude women any more than it includes men.
Logistical objections can be excluded altogether provided the will and means exist, and cannot be used to justify the denial of women's constitutional rights. The judgements of the supreme court demonstrate a refusal to allow practical problems to stand between the citizens and their constitutional rights. Perhaps the best proof of this is the declaration of the constitutional court that the Law of Pursuit of Political Rights breached the constitutional provision for elections under judicial supervision. The court dismissed the government's excuse about practical difficulties and insisted that it rectify the situation. This was precisely what happened in a great victory for the constitution and democracy.
There are good examples to follow in the Arab states and Europe. Women have served as judges for many years in certain Arab countries; the Syrian attorney- general and the vice-president of the Tunisian appellate court are both women. In addition they serve in Sudan, Jordan, Lebanon and other countries which share our religious and cultural context. I have met personally with women jurists at the conferences of the National Legal Studies Centre who were excellent ambassadors for their countries, morally, intellectually and practically.
The US, France, Italy, Germany and Turkey, among others, have women judges. In Italy women have had outstanding success in the fight against the organised criminals of the Mafia. All these examples should be enough to convince that women can perform exceptionally as judges. Is it not time for Egypt to take its place among these nations?
When women get the opportunity to serve as judges, they do not deprive men of the post, but take their rightful place on the basis of their strengths and qualifications. The legal system itself has the most to gain from the presence of women judges who would inject new blood and add new qualities. As for any man who complains that women are taking his place, he would do best to work harder and compete on his merits. Studies and qualifications are what count, not gender. May the one who deserves to, win.
It is also a matter of getting used to things. Sixty years ago, a woman going to university was a matter of wonder, while today the lecture halls hold all without regard to their sex. How many of us require our spouses be highly qualified. Add to this women's entry into the workplace and their participation in sport a mere seventy years since being forbidden to leave the house alone. In all likelihood, someone reading this in the future will be equally astounded by what I have to say about women's education and work.
The remaining serious issue is how we can apply these ideas within society? I do not believe we need to impose them from the top down, but that the government and women's organisations need to create a consensus to enable efforts to develop naturally without imposition or dispute. In this regard, I suggest appointing women to Family Law courts as a first step. I also suggest choosing the most suitable women candidates from the Administrative Prosecutor's Office.
* The writer is a judge on the South Sinai circuit.
