Although the Egyptian State Council has for many years rejected the work of female judges and issued many rulings against their entry… Today, for the first time in its history, 98 female judges witnessed the swearing in of the legal oath to work in the Council.
Egyptian President Abdel Fattah El-Sisi had issued Decree No. 446 of 2021 appointing 98 female judges in the ranks of deputy and assistant counselor, category (B) at the State Council, according to a quote from the State Litigation and Administrative Prosecution bodies.
Counselor Taha Karso, Secretary-General of the State Council and the official spokesman, said: They completed their documents and cleared them of the judicial authority in which they were working, and took the legal oath today, Tuesday, before the President of the State Council, and took over their work in it, and the President of the Republic directed all state ministries and agencies to fully support the State Council. To create the appropriate environment for the work of judges.
Counselor Mohamed Hossam El-Din, Chairman of the State Council, welcomed the women judges joining the council, and expressed his happiness that they joined their colleagues from the council’s young judges, to carry out the responsibilities entrusted to them together.
The head of the council confirmed that the female judges are in addition to the judicial work, saying, “Enlighten the council, and the council has changed you, and we welcome you all after 75 years, after 98 judges were appointed, and here the ululations of the people who attended the swearing-in ceremony began.”
The President of the State Council stressed that female judges will be distributed to the various departments of the State Commissioners Authority, such as education, licenses, employees, public freedoms, investment, administrative contracts, state property, and others, and their circumstances will be taken into account by working in the nearest branch of the place of residence. Obtaining all of their constitutional and legal rights for women and the family.
This decision, which was implemented, is considered a precedent in the history of the State Council, which has for many years refused to allow women judges to enter it and issued many rulings in support of this to many judges in the State Council, and one of the provisions that refused women entry to the State Council was previously mentioned “although the constitution guarantees equality between women and men in All rights are guaranteed and women have the right to assume public and senior management positions in the state and to be appointed to judicial bodies and authorities. However, the principle of equality before the law does not mean that groups of citizens, men or women, are treated equally in terms of differentiation in legal positions.
He also said this ruling: “Restricting some jobs, such as State Council jobs, to men, to the exclusion of women, is nothing more than a weight for the occasions of appointment to these jobs, in which the administration, under its discretionary authority, takes into account the various considerations of the job’s conditions and circumstances, environmental conditions, custom and traditions, without detracting from that. The value of a woman is not compromised and her dignity is not compromised, her moral and cultural level is not diminished, and her brilliance, superiority, or unfairness is not degraded. Rather, it is merely the management’s choice in what it permits to suit the appointment to a specific job according to the circumstances of the situation and its circumstances as it is capable of, and this does not violate the principle of equality legally. “.
This ruling was in an appeal lodged by one of the graduates of the College of Sharia and Law against the decision to refuse her appointment to the State Council. She received the file, given that the declaration was limited to males, not females, and since the abstract constitutional provision that stipulates equality in public rights does not presuppose, by necessity and necessity, the ability of women to carry out the tasks of some of these rights, including the assumption of some public jobs. The legislature or the administrative authority directs the direction it deems to be in the public interest, and it does not violate the constitutionally established principle of equality, nor does it disregard the sufficiency of women to occupy some jobs for one sex without the other, as a matter of discretion.