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Women in the Judiciary
in Lebanon
RolaASSI, PhD.
November 2018
CONTEXT
Guarantees of Gender Equality in the Lebanese Legal Framework
The Lebanese Constitution
dutieswithoutanydistinctionamongthem. qualifications.
Women in the Judiciary in Lebanon, RolaASSI, PhD.
CONTEXT
Guarantees of Gender Equality in the Lebanese Legal Framework
International Conventions ratified by Lebanon
Women in the Judiciary in Lebanon, RolaASSI, PhD.
CONTEXT
Guarantees of Gender Equality in the Lebanese Legal Framework
Domestic Laws
Public Service Law (Decree-Law No. 112/59): every Lebanese has the right to public employment, without any distinction, holding the required merits and qualifications
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
A.From denied entry to gender parity
1973-1977:Dismissing27femalecandidates.
womenand11menpassedin1992). femalecandidates.
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Table 1: The gender distribution of candidates admitted to the Institute of Judicial Studies
Session / yearMaleFemaleTotalPercentage of women
1991-199414122646%
1992-19951181942%
1994-1997180180%
1996-199916102638.5%
1997-200011112250%
1998-2001691560%
1999-20029112055%
2000-20036152171%
2001-200426144035%
2002-20058182669%
2003-200615223759.5%
2004-200710182864%
2005-200826875%
2009-2012851338.5%
2010-201310172763%
2011-20143151883%
2012-2016022100%
2014-2017681457%
Total 18020038052.5%
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
A.From denied entry to gender parity
Since 2009:Gradual decrease in the number of male judges vs. an increase in Since October 2017:The number of female judges is 248 out of the total of 520 judges.
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Table 2: The increase in numbers of women in the judiciary
Gender/Year199320032004200920102017
Female45116127188198248
Male254283306299298272
% of female judges15%29%29.5%38.5%40%47.7%
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Table 3: The gender distribution of current trainee judges at the Institute of
Judicial Studies
Session / GenderMaleFemaleTotalPercentage of women
20169243372.5%
2-201616244060%
Total 25487365.5%
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
B.Procedures of Selection and Appointment of Judges under the Lebanese Legislation Law: Absence of discriminatory provisions between male and female candidates Absence of any guarantees against gender-based discrimination
Practice:
candidate without providing any explanations or justifications)
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
B.Procedures of Selection and Appointment of Judges under the Lebanese Legislation
1. Basic Recruitment Procedure: Admittance exam organized by SJC:
Selection of files by the SJC.
Preliminary linguistic & general knowledge written test.
First interview before the SJC.
Written legal test.
Final oral examination.
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
B.Procedures of Selection and Appointment of Judges under the Lebanese Legislation
2. Alternate Recruitment Mechanisms:
a. Holders of a doctorate degree in law: Appointment as trainee judges after receiving the approval of the SJC. b. Lawyers, employees of the judicial administration, as well as employees in public institutions holding a law degree and having exercised their functions for at least six years: Appointment as tenured judges after receiving the approval of the SJC.
Women in the Judiciary in Lebanon, RolaASSI, PhD.
Table 4: The gender distribution of judges based on their avenue of admission to the judiciary
Avenue/GenderMaleFemaleTotalPercentage of women
ISJ Examination17920138053%
Other avenues 852711224%
Total 36422849246%
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
Table 5: The gender distribution of Ph.D. holders admitted to the ISJ without the written examination
Session MaleFemaleTotalPercentage of women
1991-2008101119%
2010-20171081844.5%
Total 2092931%
Table 6: The gender distribution of lawyers admitted to the judiciary with or without examination
Session MaleFemaleTotalPercentage of women
19931341723.5%
1996651145.5%
2010971644%
Total 28164436%
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
C.Impact of Discretionary Policies of Selection and Appointment of Judges Appointment of women to judicial positions in Beirut compared to other Lebanese regions The prevailing patriarchal and conservative mindset in different regions across the country
Family considerations.
Appointment of women to positions in the criminal field vs. the civil field Improvement in the number of female judges in the criminal field:
2010: 24.5%
2014: 12.5%
2017: 37%
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
C.Impact of Discretionary Policies of Selection and
Appointment of Judges
Appointment of women in senior positions in the judiciary:
Stereotypes against women
Political influence and involvement
Improvement: all MoJdepartments are presided or headed by women: the Director General (Judge MaysamNueiri), the Head of the Committee of Legislation and Consultations (occupied by Judge
Mary-Denise Maoushiuntil her death in July 2018),
the Head of the Committee of Cases (Judge Helena Iskandar), and the President of the ISJ (Judge Nada Dakroub).
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
D.Distribution of women in the judiciary
1. Distribution of positions in judicial bodies and by judicial category
Supreme Judicial Council
2006: Appointment of the first female member of the SJC (Ferial Dalloul)
2012: Election of the first female member of the SJC (SuheirHarake) among the
presidents of the chambers of the Court of Cassation.
Judicial Inspection Authority
In 2010: Appointment of the first two female judges. In 2014: Appointment of a third female judge in 2014.
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
D.Distribution of women in the judiciary
1. Distribution of positions in judicial bodies and by judicial category
Disciplinary Board of Judges
In 2012: Appointment of the first woman (SuheirHarake) as Head of the Disciplinary Board of Judges.
Court circuits
A clear male supremacy in senior judicial positions.
Senior positions assigned to women include:
1/10 positions of President of the chambers of Court of Cassation (in 2010)
1/6 positions of First President of the Courts of Appeal (in 2010)
1/6 positions of First Investigating Judge (in 2017)
2/6 positions of Public Prosecutor to the Court of Appeal (in 2010)
Women in the Judiciary in Lebanon, RolaASSI, PhD.
Table 7: The increase in numbers of female judges in different judicial positions according to their categories
Year200420102017Percentage
(2017)CategoryPositionFemale/ TotalFemale/ Total
Female/
Total Major responsibilitiesMajor responsibilities0/323/335/3315%
Attorneys General &
Investigating Judges
Attorneys General (excluding Public
Prosecutors)
6/407/4718/5632%
Investigating Judges (excluding First
Investigating Judges)
0/293/3214/4332.5%
Presidents of
Chambers
Courts of Appeal (without the first
President)
5/3313/4120/4941%
Labor Arbitration Councils7/127/137/1354%
First Instance6/1711/2215/2462.5%
SectionsSingle Judges54/10451/11985/14758%
Real Estate/Subsidiary3/113/137/1847%
Advisors & Members of
Chambers
Advisors at the Chambers of the Court of
Cassation
10/4218/3420/4149%
Advisors at the Chambers of the Courts of
Appeals
28/8450/10259/11452%
Members of the First Instance Courts 9/3430/4534/4871%
Judges attached to the
Ministry of Justice
Ministry &General Directorate4/151/149/4733.5%
Committee of Cases0/54/95/862.5%
Committee of Legislation and
Consultations
3/55/75/771.5%
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
Table 8: The gender distribution within the Judicial Public Prosecution Office Specialisation\Year200420102017% of women occupying these positions (2017)Female/ Total
Female/
Total
Female/
Total
Public Prosecution Office of
the Court of Cassation
3/92/115/1145.5%
Public Prosecution Office of
the Court of Appeal
3/326/359/4022.5%
Financial Public Prosecution 0/40/44/757%
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
Table 9: The gender distribution of judicial functions according to specialisation(jurisdiction)
Year200420102017
Criminal Public Prosecution 6/498/5620/65
Investigating Judges0/363/3915/50
Cassation0/155/158/22
Appeal9/6631/9233/97
Single Judges12/4817/6041/83
Total27/21464/262117/317
Percentage12.5%24.5%37%
CivilCassation 10/3714/3013/30
Appeal (including Labor
Arbitration Councils)
30/6939/7054/85
First Instance15/5141/6749/72
Single Judges42/5634/5944/64
Real Estate/Subsidiary 3/113/138/17
Total100/224131/239168/268
Percentage44.5%55%62%
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
3. Distribution of positions based on function or specialization
Table 10: The gender distribution according to specialisation(jurisdiction) (judicial vs. military)
Specialisation\Year200420102017% of women
occupying these positions
Female/Tota
l
Female/Tota
l
Female/Tota
l
Military Investigating
Judges
0/501/62/728.5%
Judicial Investigating
Judges
0/312/3313/4330.5%
Members of the Military
Public Prosecution Office
0/40/62/728.5%
Members of the Judicial
Public Prosecution Offices
6/458/5018/5831%
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
STATUS OF WOMEN IN
THE LEBANESE JUDICIARY
Women in the Judiciary in Lebanon, RolaASSI, PhD.
4. Distribution of positions based on geographical location
Table 11: The gender distribution of positions based on their geographical location
Year19932004200920102017
Regions CourtsFemale/
Total
Female/
Total
Female/
Total
Female/
Total
Female/
Total
Beirut and
Mount Lebanon
Beirut29/16457/19686/209100/229137/268
% of judges in Beirut who are women 17.5%29%41%33.5%51%
Mount Lebanon 12/7542/11563/13564/14799/175
% of judges in Mount Lebanon who are women16%36.5%46.5%43.5%56.5% % of judges in the two who are women17%32%43%43.5%53%
Other regions
(excluding
Beirut and
Mount
Lebanon)
North5/3516/6220/6222/6331/77
% of judges in the North who are women14.5%26%32%35%40%
Bekaa0/338/4511/4213/4823/55
% of judges in the Bekaa who are women0%17.5%26%27%42%
South1/2610/328/319/3716/45
% of judges in the South who are women4%31%26%24.5%35.5%
Nabatieh0/212/232/253/285/30
% of judges in Nabatiehwho are women0%8.5%8%10.5%16.5% % judges in these regions who are women5%22.5%25.5%26.5%36% % of judges in center of the governorate who are women6.5%23%30%29%39% % of judges outside the center of the governorate who are women
0%17%4%9.5%22.5%
KEY TRENDS, OBSTACLES AND POSITIVE
FACTORS
A.Entry to the Judiciary and Motivation
Social values and challenging social stereotypes
Career stability
Financial aspirations
Social standing
Aspiring to achieve justice
Secular environment
Women in the Judiciary in Lebanon, RolaASSI, PhD.
KEY TRENDS, OBSTACLES AND POSITIVE
FACTORS
B.Obstacles in daily work (including interactions with colleagues and users of the judiciary system)
1-Relationships with their male colleagues:
Difficulties in some fields (gender-considerations)
Mutual Respect
2-Relationships with lawyers:
Serious
Professional
Distant
Women in the Judiciary in Lebanon, RolaASSI, PhD.
KEY TRENDS, OBSTACLES AND POSITIVE
FACTORS
B.Obstacles in daily work (including interactions with colleagues and users of the judiciary system)
3-Relationships withlitigants or users of the judiciary system:
Difficulties: Patriarchal mentality in some regions Preference of female judges by some litigants (female survivors ofquotesdbs_dbs7.pdfusesText_13
[PDF] Judges in Lebanon - International Commission of Jurists