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Volume :45 Issue : 175 2019      Add To Cart                                                                    Download

The Right of Women to Occupy Judicial Positions between Kuwaiti and International Laws.

Auther : Dr. Deymah N. Alweqyan

     All global constitutions and laws have adopted the principle of equality of rights and duties between men and women. They also allow both genders to assume public and leadership positions in their States. International covenants and treaties have explicitly affirmed the right to equality and non-discrimination based on gender. The importance of the judiciary indicates that the basis of society depends on the justice it represents and the people's tendency to recall their rights. Thus, the selection of judges of high competence and good morality is important towards giving them the power to adjudicate properly people's issues and rights. Accordingly, many countries around the world, as well as several Arab countries, have tended to appoint women as judges in the judiciary in light of international laws. Some countries, however, have refrained from appointing women to this position because of the jurisprudential debate on women's rights based on some aspects of Islamic law. Kuwait is one of the countries that have prevented women from taking up the judiciary by restricting this domain to men in violation of the Constitution's right to equality and the right of women to work in public office. The ban also violates Kuwaiti domestic law and judicial provisions that explicitly state equality in employment and non-discrimination in public office based on gender. The provisions of the ban in Kuwait also contravene all international conventions and treaties ratified by Kuwait and the obligations thereof before the international community.

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