Egyptian President Abdel Fattah Sisi Resolution No. 446 of 2021 appointing 98 female judges in the ranks of deputy and assistant counselor, category (B) at the State Council, was issued, according to a statement issued by the State Litigation Authority and the Administrative Prosecution.
Counselor Taha Karso, Secretary-General of the State Council and the official spokesman, said: They completed their documents and released them from 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 educationlicenses, 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 their place of residence.
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 guaranteed equality Between women and men in all rights and guarantees the right of women to assume public and senior management positions in the state and to be appointed to judicial authorities and bodies. 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 but 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 stipulating equality in public rights It is not presumed by necessity and necessity that women are able to carry out the tasks of some of these rights, including holding some public jobs. Environmental factors, the provisions of traditions, the nature of the job and its responsibilities have a great role in guiding the legislature or the administrative authority in the direction it sees as fulfilling the public interest. There is no violation of the constitutionally established principle of equality, nor is it ignoring The sufficiency of a woman to assume some jobs for one sex without the other is a matter of discretion.”