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Women in the Judiciary in the Arab States Removing Barriers, Increasing Numbers VISION ESCWA, an Innovative Catalyst for a Stable, Just and Flourishing Arab Region

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Women in the Judiciary in the Arab States Removing Barriers, Increasing Numbers VISION ESCWA, an Innovative Catalyst for a Stable, Just and Flourishing Arab Region Removing Barriers, Increasing Numbers Women in the Judiciary in the Arab States Women Economic and Social Commission for Western Asia Women in the Judiciary in the Arab States Removing Barriers, Increasing Numbers VISION ESCWA, an innovative catalyst for a stable, just and flourishing Arab region. MISSION Committed to the 2030 Agenda, ESCWA’s passionate team produces innovative knowledge, fosters regional consensus and delivers transformational policy advice. Together, we work for a sustainable future for all. E/ESCWA/ECW/2019/2 Economic and Social Committee for Western Asia Women in the Judiciary in the Arab States Removing Barriers, Increasing Numbers United Nations Beirut © 2019 United Nations All rights reserved worldwide Photocopies and reproductions of excerpts are allowed with proper credits. All queries on rights and licenses, including subsidiary rights, should be addressed to the United Nations Economic and Social Commission for Western Asia (ESCWA), e-mail: [email protected]. The findings, interpretations and conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the United Nations or its officials or Member States. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Links contained in this publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. References have, wherever possible, been verified. Mention of commercial names and products does not imply the endorsement of the United Nations. References to dollars ($) are to United States dollars, unless otherwise stated. Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. United Nations publication issued by ESCWA, United Nations House, Riad El Solh Square, P.O. Box: 11-8575, Beirut, Lebanon. Website: www.unescwa.org. Photo credit: © Palestine News Agency (WAFA) Image of Judge Eman Kathim Nasereddin, Supreme Court in Palestine iii Acknowledgments The study was developed by the Economic and administrative support for the development and Social Commission for Western Asia of the study was provided by Iman Bakkar, Hala (ESCWA) in partnership with the International Attieh, Marwa Kouki, Abir El Danaf and Lara Commission of Jurists (ICJ) and the Office of the Keshishian. The ESCWA Conference Services High Commissioner for Human Rights (OHCHR) Section edited the study. – Regional Office for the Middle East and North Africa. The production of the study was led by The authors are grateful for the inputs staff of the ESCWA Centre for Women (ECW). provided by peer reviewers throughout the David Krivanek coordinated the project and study’s development. In particular, the authors prepared the final draft of the study. Stephanie wish to thank the participants of the Expert Chaban and Nada Darwazeh provided Group Meeting held in Beirut on 28-29 substantive inputs throughout its development, November 2019, who shared their experiences under the overall guidance of Mehrinaz and knowledge as judges and experts from El Awady, Director of ECW. The study is based the region and beyond. Sara Razai (University upon an initial draft prepared by Sahla Aroussi College London) and Judge Salim Rawdhan (Coventry University). The national case Al Makassees (Baghdad Appeals Court studies were prepared by Asem Kaek with and Personal Status Court) provided Ahmed Al Ashqar (State of Palestine), Faten extensive comments on the final draft of the Sebei (Tunisia), Ismail Zien (the Sudan), study. We would also like to thank Joaquin Raeda Bawadi (Jordan) and Rola Assi Salida Marcos (from ESCWA’s Emerging and (Lebanon). ICJ and OHCHR provided continuous Conflict-related Issues Division) for his inputs feedback and inputs throughout the research on women’s role in transitional justice, as well project; Said Benarbia was the focal point for as members of the ESCWA Publications ICJ and Ismail Zien and Ansam Abayechi were Committee for their thoughtful comments the focal points for OHCHR. Invaluable research on the final draft. v Executive Summary Women’s right to participate fully and equally in discussions with male and female actors in all aspects of public life, including the judiciary, is the legal system (judges, lawyers and court widely recognized as a fundamental human right. officials) on the perceived impact of women’s There is a large body of evidence that women’s presence. The case studies also identify relevant presence in the judiciary is a catalyst for the good practices that can be emulated in other development of strong, independent, accessible Arab countries. and gender-sensitive judicial institutions and, more broadly, the achievement of gender justice The case studies reveal that, in line with global within society. Increasing women’s participation evidence, women’s increasing presence in in the judiciary has therefore become an judicial institutions is viewed overwhelmingly important development objective globally. positively by actors of the legal system in the In recent years, at the national level Arab Arab region, who cite a variety of effects such as countries have taken steps to appoint an more gender-sensitive handling of cases, increasing number of female judges and public increased understanding of the judiciary’s role prosecutors – in some countries, for the first in protecting women from violence and even a time. Despite these efforts, however, women more cordial atmosphere inside the courtroom. remain starkly underrepresented in judicial The presence of female judges encourages institutions in the Arab region, with strong women to come forward and make use of disparities between and within Arab countries. judicial mechanisms when their rights have been breached. In addition, female judges were This study, produced by the United Nations viewed as less susceptible to corruption and Economic and Social Commission for Western political pressure, thereby contributing to Asia (ESCWA) in partnership with the increasing the independence of the judiciary International Commission of Jurists (ICJ) and the and the quality of judgements. United Nations Office of the High Commissioner for Human Rights (OHCHR) Regional Office for Despite these potential gains, there are still large the Middle East and North Africa, examines disparities between Arab countries regarding the women’s presence in judicial institutions in the presence of women in judicial institutions. The Arab countries. The study’s regional analysis is number of female judges has significantly completed by case studies conducted in five increased in countries such as Jordan, Lebanon, countries that have achieved a comparatively the State of Palestine, Morocco and Tunisia. high presence of women in the judiciary (Jordan, However, in other States, particularly in the Gulf Lebanon, the State of Palestine, the Sudan and region, progress has been more limited, with Tunisia). The case studies include interviews with Bahrain being a notable exception. Although female judges identifying obstacles they have Saudi Arabia appointed a female arbitrator to a faced in their career, as well as focus group commercial court in 2016, the country still does vi not have women as full members of its judiciary. Conservative gender norms, patriarchal In Kuwait, the first group of female judges is structures and gender-based discrimination expected to assume office in a couple of years, also remain significant barriers. The uneven once they finish their training at the office of the distribution of tasks within the household public prosecutor. A few countries, such as means that marriage, motherhood, and Somalia and Oman, do not yet have any female childcare affect women’s access to a judicial judges in their judiciaries. Women’s presence career and their progression within it. The remains marginal in most other Arab States. absence of suitable childcare facilities, adequate parental leave and flexible working conditions There are clear gender disparities within for both women and men all have a negative national judicial systems. In all Arab countries, impact on women’s career progression. including those with significant overall numbers Gender-based stereotypes also constitute a of female judges, there are far fewer women barrier for female judges’ progression, serving in intermediate and higher courts than as does the fragmented support from in courts of first instance and conciliation courts. national women’s machineries and civil Female judges are more likely to work in civil society organizations. rather than criminal or military courts and in urban rather than rural areas. With only few Based upon analysis of the normative exceptions, female judges remain excluded framework (including international binding from sitting on the religious courts that handle commitments) and extensive analysis of personal status matters in several Arab States. evidence and best practices at the global and Women are underrepresented in prosecution regional level, the study provides an extensive services. In addition, women do not generally list of
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