Introduction The Representation of Women in The Political Landscapes

In the modern era, the role of legal systems in shaping the representation of women in the political

landscapes of different countries has become increasingly pivotal. This thesis examines the

contrasting dynamics of women's representation in the parliaments of Egypt and Tunisia, providing

a comparative analysis of how legal frameworks influence political participation. Despite their

geographic proximity and shared cultural heritage, Egypt and Tunisia exhibit starkly different

levels of female parliamentary representation. This divergence prompts a critical examination of

the underlying legal, social, and political mechanisms at play.

The context of this research is rooted in the broader historical and legal developments observed

over the past few decades in the Middle East and North Africa (MENA) region. Both Egypt and

Tunisia have undergone significant political upheavals, which have, in turn, influenced their legal

reforms regarding gender equality. However, while Tunisia has made notable advances in

enhancing women's political representation through progressive legal reforms and quota systems,

Egypt's progress remains comparatively sluggish. This discrepancy raises essential questions about

the effectiveness of legal systems in promoting gender parity in political participation.

This study is significant as it not only illuminates the impact of different legal systems on women's

representation in parliament but also contributes to the broader discourse on gender equality and

legal reform. By understanding the factors that facilitate or hinder women's political

empowerment, policymakers and advocates can better design interventions that promote inclusive

governance.

The central thesis of this research posits that robust legal frameworks, supported by comprehensive

enforcement mechanisms, are essential for enhancing women's representation in politics. This

argument will be developed through a detailed examination of the electoral laws, constitutional

provisions, and international agreements that shape the political engagement of women in Egypt

and Tunisia.

The following sections will outline the structure of the analysis: First, a historical overview will

set the stage by detailing the evolution of women's rights in both countries. Subsequently, the study

will delve into the current legal frameworks governing political participation in Egypt and Tunisia,

analyzing their effectiveness and limitations. Finally, the paper will conclude with a synthesis of

findings and recommendations for policy reforms aimed at increasing female parliamentary

representation.

By adopting this structured approach, the thesis aims to provide a comprehensive understanding

of the interplay between legal systems and gender representation in parliament, offering insights

that could inform future legal and policy initiatives in the MENA region and beyond.

II. EXPLORING WOMEN’S RIGHTS AND POLITICAL PARTICIPATION IN EGYPT

AND TUNISIA

Lincoln once defined democracy as “Government of the people, by the people, for the people”.

is increasingly recognized that women are often marginalized and excluded from political and

public life, with their legal status frequently being considered inferior to that of men.

The colonial

powers introduced a patriarchal legal system that reinforced gender inequality and discrimination

against women. However, the colonial period also marked the beginning of women’s rights

movements in Egypt and Tunisia, which advocated for women’s rights and equality. The main

reason for its encouragement of women’s rights and the uprising for feminism in Egypt had no ties

with its generous intentions of supporting women but to create a new base for British Colonization

acceptance and deform the coherence of the Egyptian society.

It weakened the traditional

patriarchal system and created a more pro-British elite which explains why the British provided

funding and support for women’s schools and newspapers. They also appointed female

representatives to the Egyptian government. When Lord Cromer himself opposed women’s rights

in Great Britain, this is in addition to being the president of Anti-Suffrage in the early 1900s, with

its main aim being to oppose women’s primary right to voting and participation in parliamentary

life.4

Despite the British motives, their reforms positively impacted the development of women’s rights

in both countries. By the end of the colonial period, more girls were attending school than boys,

and several women were working in government and business positions.

During the era of nationalism and independence in Egypt and Tunisia, women’s rights were at the

forefront of political discourse. Women played a critical role in the struggle for independence, and

U.S. President Abraham Lincoln, The Gettysburg Address, November 19, 1863.

Grover HS. "…Of the people, by the people, for the people". J Indian Soc Periodontol. 2020 May-Jun;24(3):190. doi:

10.4103/jisp.jisp_149_20. PMID: 32773968; PMCID: PMC7307473.

Leila Ahmed, Women and Gender in Islam: Historical Roots of a Modern Debate (Yale University Press, 1992) at

153. 4 Haneen Rasool, “The Impact of Colonial Rule on Women’s Rights: A Case Study Specific to Egypt under the

Rule of British Consul-General Lord Evelyn Cromer,” Relics, Remnants, and Religion Journal 2, no. 2: 14-15,

available at https://soundideas.pugetsound.edu/cgi/viewcontent.cgi?article=1034&context=relics.

their contributions were acknowledged through legal reforms that granted them more significant

rights and protections. In Egypt, for example, the 1923 Constitution granted women the right to

vote and run for office, making it one of the first countries in the region to do so. Tunisia followed

suit in 1959, with the Personal Status Code granting women the right to divorce and inherit

property.

In the same year, the Egyptian constitution was amended to guarantee women equal

rights under the law. It was reflected in article 31 which states that ”All Egyptians are equal under

the law in public rights and duties, without discrimination due to sex, origin, language, religion,

or belief.”

These early legal developments laid the foundation for further progress in women’s rights over the

decades. However, despite these legal advances, women continued to face discrimination and

marginalization in both countries. In the 1970s and 1980s, women’s rights movements gained

momentum, advocating for legal reforms to address gender inequality and discrimination. In

Tunisia, the Personal Status Code of 1956 was reformed in 1981, granting women better marriage,

divorce, and inheritance rights.

In Egypt, legal reforms were introduced in the 1970s and 1980s,

addressing family, labor, and nationality laws

. In 1981, the Egyptian government signed the

Convention on Eliminating Discrimination against Women (CEDAW).

It is worth noting here that the rise of Islamist movements in the 1980s and 1990s in both Egypt

and Tunisia led to a pushback against women’s rights, with some advocating for a return to

“Does Tunisia Deserve its Reputation as an Arab Leader in Women’s Rights?” I Know Politics,

https://www.iknowpolitics.org/en/news/world-news/does-tunisia-deserve-its-reputation-arab-leader-womens-rights

(last visited September 20, 2023).

Dustur al-Jumhuriyah al-Misriyah, Manshurat Qanuniah, (1956), available at: https://manshurat.org/node/1684

Valentine M. Moghadam, "Women’s Rights in the Middle East and North Africa – Tunisia," Freedom House, (October

14, 2005), available at https://www.refworld.org/docid/47387b702f.html (last visited September 20, 2023).

"The Egyptian Feminist Movement: A Brief History," OpenDemocracy, available at

https://www.opendemocracy.net/en/north-africa-west-asia/egyptian-feminist-movement-brief-history/ (last visited

September 20, 2023).

VIII. Egypt’s Obligations Under International Law," Human Rights Watch, available at

https://www.hrw.org/reports/2004/egypt1204/8.htm (last visited September 20, 2023).

traditional gender roles. This conservative backlash resulted in the erosion of some of the gains

made in women’s rights, such as the introduction of laws that restricted women’s access to divorce

and inheritance.

Nevertheless, women’s rights activists continued to fight for greater gender

equality, and progress has been made in recent years, such as the introduction of laws criminalizing

domestic violence and sexual harassment.

In the early 2000s, there was a renewed interest in women’s rights in Egypt and Tunisia. That was

partly due to the rise of civil society organizations, which began to advocate for women’s rights.

Additionally, the governments launched several new initiatives to promote women’s education and

employment.

However, despite these achievements, women’s representation in Egypt’s Parliament still did not

reach the number that adequately represented women in society. This is given the different spheres

on socio-political levels, the backgrounds that the women are coming from, where only less than

13% were able to be seated in 2010 at the Parliament,

that did not last long for few months as a

measure amid the uprising in January 2011.

Few Arab countries could exceed the 30% line of women representation, such as Tunisia, which

reached 31.6%.

Tunisia’s legal and political system is similar to the Egyptian system. It is also

worth highlighting that Tunisia was the spark of the Arab Spring that Egypt directly followed.

Women are an integral part of society and a central pillar that cannot be neglected. Inadequate

Houssem Ben Lazreg, "Post-Islamism in Tunisia and Egypt: Contradictory Trajectories," Religions 12, no. 6: 408,

https://www.mdpi.com/2077-1444/12/6/408 (last visited September 20, 2023).

Hania Sholkamy, "Why women are at the heart of Egypt’s political trials and tribulations," Open Democracy, (January

24, 2012), available at https://www.opendemocracy.net/en/5050/why-women-are-at-heart-of-egyptspolitical-trials-

and-tribulations/ (last visited September 20, 2023).

Women in national parliaments, 2019, available at: http://archive.ipu.org/wmn-e/classif.htm (last visited September

20, 2023).

representation for women in Parliament leads to many challenges that women face. Around the

globe, the average of women’s representation in Parliament is only 26.5%.

The unfair representation of women in Parliament hindered many issues from being resolved,

addressed, or known. When women are not adequately represented in the Parliament, their

perspectives and concerns are less likely to be considered when making decisions. Women’s issues,

such as healthcare, education, and gender-based violence, may be seen as less important or less

urgent. For example, Egypt has a high rate of violence against women, but the Parliament has not

adequately addressed this issue. Partly because there are few women in the Parliament to advocate

for policies to prevent and respond to violence against women. Additionally, Egypt has a low rate

of women’s economic participation. The Parliament has not addressed women’s barriers to the

workforce, such as lack of childcare and inadequate public transportation.

Despite sharing similar cultural and political systems, the representation of women in the

parliaments of Egypt and Tunisia has shown divergent trends. In Egypt, women's representation in

the House of Representatives, known as "Majlis Al-Nuwab," has seen a modest increase from

12.7% in 2010 to a slightly higher figure in recent elections. However, it remains notably low in

the House of Senate, "Majlis Al-Shiyoukh" at 13.33% as of 2020. In contrast, Tunisia's Assembly

of People's Representatives, "Majlis Nawwab Ash-Sha’ab," has demonstrated a higher level of

female participation, with 31.6% in 2014 and 26.27% in 2019. This analysis highlights the varying

degrees of progress toward gender equality in political representation within similar governance

frameworks. The discrepancies between these two countries underscore the complex interplay of

cultural, social, and political factors that influence women's empowerment in the region,

suggesting that shared cultural and political backgrounds do not necessarily lead to similar

outcomes in women’s parliamentary representation. This thesis aims to explore these dynamics

further, examining the underlying causes of these differences and their implications for the broader

quest for gender equality in political participation.

Women in national parliaments, 2019, available at: http://archive.ipu.org/wmn-e/classif.htm (last visited September

20, 2023).

The adoption of the quota system during the 2010 electoral cycle in Egypt was a significant but

short-lived initiative, disrupted by the political upheaval of the Egyptian revolution in 2011.

Subsequently, the absence of this quota system in the 2012 electoral cycle saw women's

representation plummet to a mere 2%. The reinstatement of the quota system in 2015 marked a

turning point, leading to a substantial increase in women's representation in parliament to 14.9%,

and further to 27.7% by 2021. This pattern clearly demonstrates the efficacy of the quota system

in enhancing female political representation in Egypt. The fluctuations in these percentages

underscore the critical role that structured policy interventions, like quotas, can play in advancing

gender representation in political spheres. Through this analysis, this thesis argues that sustained

implementation of quota systems can be a vital mechanism to ensure increased and stable female

representation in governance, reflecting a broader commitment to gender inclusivity within

political institutions. Therefore, this research employs the joint method of agreement and the

method of difference. This method will help identify the possible reasons behind the evident

variation in women’s representation in the two selected countries.

This research has uncovered the principal reasons for the unequal representation of women in the

parliaments of Egypt and Tunisia, offering a comprehensive analysis from a legal standpoint. The

study has delineated the specific laws in force in both countries, scrutinizing their electoral laws

and constitutions. It has probed the legal system to reveal the explanatory factors that either

facilitate or impede women's participation in Parliament .

Findings from this research suggest new strategies and pinpoint critical gaps that, if addressed,

could enable policymakers to make informed decisions that would bolster women's representation.

It provides scholars and legislators with a detailed examination of the variance in women’s

representation and the influencing factors. Moreover, it underscores the effectiveness of current

mechanisms and lays the groundwork for the development of robust solutions aimed at enhancing

women's representation in Parliament. The lessons drawn from Egypt and Tunisia offer invaluable

insights that can guide change towards a more inclusive society .

Beginning with an exploration of various theoretical and conceptual frameworks, the paper

transitions into a historical analysis of women's institutional representation in Egypt and Tunisia.

Dedicated chapters provide an in-depth study of each country, leading to a final section that

synthesizes the research and offers conclusions. The findings are poised to inform scholarly

discourse and legislative efforts, ultimately contributing to societal transformation that more

accurately reflects women’s roles and contributions.

Since the 1950s, Egyptian women have faced considerable challenges in securing their political

participation rights. With the constitutional amendments, they finally gained the right to vote and

run for office in 1956, leading to a symbolic representation in the 1957 parliament with just two

seats. Despite some progress, especially during periods when female quota systems and the

proportional list system were in place (1979, 1984, and 2010),

women's representation in

parliament rarely exceeded 2%. A decline was noted in 2012, but numbers improved again with

the reintroduction of the quota system.

Over six decades, discrimination against Egyptian women has persisted in various forms. Legal

discrimination is evident within Egyptian laws, particularly in family legislation that affects

divorce and child custody and has been the subject of intense debate. The patriarchal nature of

Egyptian society often results in discrimination against women in employment, domestic, and

public spheres. Egyptian women are discouraged from certain career paths and may face sexual

harassment and violence. Political participation is legally permitted, yet women remain

underrepresented in decision-making roles .

Reflecting these challenges, Egypt's rankings in the World Economic Forum Gender Gap Report

have been consistently low. In 2012, it stood at 126th out of 135 countries, in 2014 at 129th out of

Proportion of Seats Held by Women in National Parliaments (%), World Bank, 2014, available at

http://data.worldbank.org/indicator/SG.GEN.PARL.ZS/countries/1W?display=default (last visited October 22,

2022).

"Egypt’s Parliament: A significant female representation," Ahram Online, October 28, 2022, available at

https://english.ahram.org.eg/News/389421.aspx (last visited September 30, 2022).

142, and in 2015, it fell to 136th out of 145. A slight improvement was seen in 2016, with Egypt

ranking 132nd out of 144.

As for Tunisia, the situation presents a contrast, especially when compared to other Arab states.

Tunisian women have achieved significant parliamentary representation, reaching 31.6%. Efforts

to improve representation have been notable. In 1979, a quota of 30 seats was established for

women, boosting their presence to 9.7%. Following the 2011 revolution, the quota increased to 64

out of 217 seats, culminating in a representation of nearly 30%. In the 2014 elections, the “Nidaa

Tounes” movement emerged as a significant victor, securing 85 seats, of which 35 were held by

women, and the Ennahdha Party won 96 seats, including 28 female deputies,

this is despite the

advances at Tunisia's standing in the World Economic Forum Gender Gap Report indicating a room

for improvement: 123rd out of 143 in 2014, 127th out of 145 in 2015, and 126th out of 144 in

2016.

This context underscores the urgent need for innovative strategies to enhance women's

parliamentary representation. This is a critical step towards empowering women to influence

political policies actively .

This is while Tunisia's advancements in women’s political representation stand out in the Arab

world, even though the World Economic Forum Gender Gap Report ranks it closely to Egypt.

Tunisia’s significant parliamentary representation of women, which reached 31.6%, is a testament

to the effectiveness of its gender quota system. The quota, which was raised to 64 out of 217 seats

after the 2011 revolution, signifies a progressive approach to women's political empowerment.

This substantial representation surpasses many other nations and showcases Tunisia's commitment

to gender parity in political roles .

Gender Gap Report 2015, World Economic Forum, available at

https://www3.weforum.org/docs/GGGR2015/cover.pdf.

Gender Gap Report 2016, World Economic Forum, available at

https://www3.weforum.org/docs/GGGR16/WEF_Global_Gender_Gap_Report_2016.pdf.

Al-Manna'i, A. (2018, August 23). Al-Musharakah al-Siyasiyah lil-Mar'ah fi Tunis. Mubadarah al-Islah al-Arabi.

Retrieved from https://bit.ly/3EXCLkf.

Gender Gap Report 2014, World Economic Forum, available at

https://www3.weforum.org/docs/GGGR14/GGGR_CompleteReport_2014.pdf.

The close ranks of Tunisia and Egypt in the World Economic Forum Gender Gap Report may not

adequately reflect the extent of legal support for women’s political representation. Reports such as

the World Economic Forum Gender Gap Report aggregate data across various domains, including

economic participation, educational attainment, health and survival, and political empowerment.

Hence, they do not capture the full complexity of legislative frameworks and cultural nuances that

directly impact women’s parliamentary representation.

Academic discourse suggests that the presence of women in parliament is crucial not only

symbolically but also substantively. Dahlerup and Freidenvall, have argued that a critical mass of

women in parliament can lead to the creation and reinforcement of gender equality policies.

The

Tunisian example aligns with this argument, where the increased representation of women has

been correlated with a broader engagement in gender-related legislative reform .

Moreover, it is argued that while increasing the number of women in parliament does not

automatically lead to better policies for women, it is a necessary condition for change. Krook and

O’Brien,

contend that legal quotas, like those adopted in Tunisia, can effectively address

historical imbalances and pave the way for enhanced women's rights and representation .

Acknowledging the criticism that mere numbers in parliament do not equate to increased influence,

scholars like Franceschet, Krook, and Piscopo,

have highlighted the importance of qualitative

changes that come with increased representation. They argue that women in parliament bring

diverse perspectives and experiences that can influence policy debates and outcomes in ways that

benefit the entire society .

Dahlerup, D., & Freidenvall, L., Quotas as a 'fast track' to equal representation for women: Why Scandinavia is no

longer the model, International Feminist Journal of Politics 7(1):26-48 (2005).

Krook, M. L., & O'Brien, D. Z., All the President's Men? The Appointment of Female Cabinet Ministers

Worldwide, The Journal of Politics 74(3):840-855 (2012).

Franceschet, S., Krook, M. L., & Piscopo, J. M., The impact of gender quotas (Oxford University Press, 2012).

On the significance of the study, a comparative legal analysis will be addressed to dissect and

assess the multifaceted factors that sculpt women’s participation and representation in

parliamentary spheres. Aiming to craft a nuanced understanding of the interplay between legal

frameworks, cultural dynamics, and gender parity in political arenas, this research will embark on

a methodical exploration across several dimensions.

A. Legal Constructs and Women’s Representation: Electoral Systems as a Case Study

This segment meticulously examines the influence of varied electoral systems on women's

ascension to parliamentary roles within the countries under study. By comparing the structural

intricacies of different electoral mechanisms, the analysis intends to uncover the degree to which

these systems either facilitate or impede women's representation in legislative bodies.

B. Constitutional Imperatives and Statutory Mandates: The Foundation of Gender Parity

in Governance

Delving into the constitutional tenets and legislative enactments, this part of the research will

evaluate how legal texts and enactments either advance or hinder the cause of gender parity within

the parliamentary context. The examination will extend to how these legal provisions manifest in

practice, influencing the presence and influence of women in legislative processes.

C. Political Party Bylaws: The Unseen Hand in Women’s Political Advancement

Political party bylaws serve as critical yet often overlooked levers in shaping candidate selection

and electoral success. This component of the study will analyze party regulations, identifying how

they may systematically impact the representation of women within the political machinery of the

selected countries.

D. Cultural Acceptance and its Legislative Implications

Cultural perceptions and societal acceptance play a pivotal role in the realm of women's political

participation. This section aims to scrutinize the cultural milieu of the selected countries,

discerning how prevailing attitudes and social norms undergird or undermine women’s efforts to

gain equitable representation in parliament. Through this comprehensive comparative legal

analysis, the research endeavors to articulate strategic recommendations and identify best practices

that could be pivotal in elevating the status of women in political life. The ultimate goal is to craft

a legal and sociopolitical blueprint that can guide future efforts to enhance women's parliamentary

representation and participation globally.

II. Theoretical Foundations and Contextual Analysis of Women's Political Representation

This chapter unfolds against the backdrop of the significant socio-political transformations that

took place during the Arab Spring, with an acute focus on the legal system's role in shaping

women's representation in the national parliaments of Egypt and Tunisia. The span from 2010 to

2016 stands out as a crucible of change, pivotal for understanding how revolutions and their

aftermath can redefine the norms and laws governing women’s roles in the political landscape.

A. Theoretical Constructs and Frameworks

In this initial section, the theoretical foundations that guide the study are introduced, outlining the

diverse perspectives and scholarly discourses that have informed the understanding of women's

political representation. Drawing from political science, gender studies, and legal theory, the study

navigates through various lenses—ranging from feminist legal theory to theories of democratic

representation and participatory governance. These theoretical lenses help to dissect the complex

layers of legal and political processes, shedding light on how the statutes have either facilitated or

impeded women's paths to political power.

B. Comparative Analysis of Electoral Laws During the Arab Spring (2010-2016)

An in-depth comparative analysis of the electoral laws of Egypt and Tunisia during the turbulent

times of the Arab Spring is presented here. It explores the dynamics between evolving legal

frameworks and women’s political agency, highlighting the power of legal instruments as both

enablers and barriers to political participation. This section pays close attention to the legal texts,

parliamentary debates, and the policy changes that unfolded, drawing a detailed picture of the

legislative reforms and their significance in the broader struggle for gender parity in politics.

C. The Legal Landscape and Its Impact on Women’s Parliamentary Inclusion

The transformation of the legal landscape and its direct impact on women's opportunities for

political participation is scrutinized in this extensive section. It explores the ways in which legal

reforms have translated into real-world outcomes for women in parliament.

1- Electoral Reforms and the Emancipation of Women in the Wake of the Arab Spring

The Arab Spring was a period of intense political activism and legal reform, with electoral

laws taking center stage in the quest for democratic renewal. This sub-section examines the

sweeping changes that took place in election regulations and the specific mechanisms that

were introduced or amended with the intention of facilitating a more representative and

inclusive political process for women.

2- Rationale for the Study Period and Scope

The choice of the study period, from 2010 to 2016, is crucial and merits an explicit

rationale. The Arab Spring revolutions and their cascading effects provide a concentrated

period of analysis where legal and political systems were in flux, presenting an ideal

scenario for studying the shifts in women's representation.

A. Post-Revolution Constitutional Reforms and the Pursuit of Gender Parity.

The post-Arab Spring era brought about a wave of constitutional reforms, with new constitutions

and amendments emerging in both Egypt and Tunisia. These legal documents were landmark in

their commitment to gender equality and provided a renewed legal basis for women’s rights. The

section will delve into the specifics of these legal changes, the debates surrounding their adoption,

and the implications for women’s political representation.

B. Women’s Representation in National Discourse and Political Activism

A vigorous examination of the national conversations about gender roles in politics and the

activism that spurred and responded to these discussions is presented. This analysis will explore

how advocacy and public discourse have shaped the political climate for women’s rights, with a

particular focus on their influence on legislative reforms.

C. Comparative Political Trajectories of Egypt and Tunisia

The contrasting political experiences of Egypt and Tunisia in the aftermath of the Arab Spring offer

a fertile ground for comparative analysis. This section will assess the trajectories of both countries,

examining how different political, cultural, and legal environments have shaped women's political

representation.

D. Delimiting the Study to a Defining Epoch

The decision to confine the study to a six-year period is discussed in detail. This discussion will

address the methodological considerations that justify this timeframe, highlighting how a concise

and focused period allows for a more manageable and in-depth analysis, free from the potential

confounders that a broader scope might introduce.

E. Empirical Studies and International Perspectives on Women’s Participation in Public

Life

Women's participation in public life is a multifaceted issue that intertwines with the broader

discourse on democratic representation and gender equality. The relevance of this discourse is

underscored by the reality that women constitute about half of the global population, bringing forth

diverse perspectives and interests that are vital for the holistic development of societies. This

section examines empirical studies and scrutinizes international frameworks that advocate for and

track women’s participation in public life, especially in parliamentary roles .

The international commitment to gender equality is articulated in foundational documents such as

the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms

of Discrimination Against Women (CEDAW). These agreements lay the groundwork for the

principles of equality and non-discrimination, which are crucial to upholding the integrity of

democratic institutions. They form a critical reference point for assessing women’s representation

and provide a universal standard against which national practices can be measured .

Empirical studies that are pivotal in this discussion include works like Pippa Norris’s “Women,

Media, and Politics,” which provides a comprehensive look at the role of media in shaping the

political discourse surrounding women, and Drude Dahlerup’s “The Story of the Theory of Critical

Mass,” which outlines the importance of having a significant number of women in decisionmaking

positions to effect substantial policy changes. Additional studies of note are those conducted by

the Inter-Parliamentary Union (IPU) and UN Women, which offer extensive data and analysis on

the trends and impacts of women's parliamentary representation globally .

To illustrate the complexity of translating women’s parliamentary representation into actual policy

influence, the case of Tunisia provides a poignant example. Pre-2011 Tunisia, despite fair

representation of women in Parliament, did not witness a corresponding uplift in women's rights

and freedoms. The situation evolved post-revolution; with improved representation, women

parliamentarians played a crucial role in the passage of progressive legislation like the Gender

Equality in Inheritance Law. This change was also supported by new electoral mandates such as

the age requirement for gender parity on party lists .

This section will delve into several case studies that elucidate the nuanced relationship between

women’s parliamentary presence and the realization of gender-sensitive policies. It will examine

how, even with increasing numbers in legislative bodies, the actual empowerment of women

lawmakers and the substantive impact of their roles often depend on a myriad of factors, including

political culture, societal attitudes, and the strength of women's movements .

In conclusion, this section will argue that while the presence of women in Parliament is a crucial

step towards gender equality, it is the substantive nature of their participation and the institutional

backing they receive that ultimately determines their efficacy in promoting women’s rights. The

section will provide a comprehensive overview of the interplay between international norms,

empirical research, and the case-specific trajectories of women's political empowerment,

contributing to a deeper understanding of the multifaceted challenges and triumphs experienced

by women in public life.

This chapter concludes with a comprehensive overview that connects the theoretical insights with

the empirical findings, aiming to provide a nuanced understanding of the factors that have

influenced women's political representation in Egypt and Tunisia. The insights gained offer a

reflection on the transformative potential of legal systems and their capacity to either uphold or

challenge long-standing gender disparities in political engagement. Through this elaborative

discourse, the study positions itself within the broader academic conversation on legal reform,

gender equality, and political representation, offering critical reflections and informed conclusions

that contribute to the understanding of women's evolving political status in the MENA region.

In Tunisia's evolving political landscape, perceptions of women's competency in governance have

markedly shifted. According to a study by Arab Barometer, Tunisian society has shown a

significant change in attitudes towards women in politics. Over a span of five years leading up to

the current date, the belief that men are better political leaders than women have seen a notable

decline. The study titled "Women in Tunisia: Has a female prime minister changed Tunisia?" found

that adherence to traditional gender roles in political leadership has dropped by 16 percentage

points, decreasing from a majority view of 56% to a minority of 40%. This

transformation in public opinion reflects the growing acknowledgment of women's capabilities in

political roles.

Tunisia: Parliament Should Back Gender Equality in Inheritance, Human Rights Watch (December 4, 2018), retrieved

from https://www.hrw.org/news/2018/12/04/tunisia-parliament-should-back-gender-equality-inheritance.

Jessie Williams, Women in Tunisia: Has a female prime minister changed Tunisia?, Arab Barometer (July 2022),

retrieved from https://www.arabbarometer.org/media-news/women-in-tunisia-has-a-female-prime-minister-

changedtunisia/.

Furthermore, research led by Lena Wangnerud, published as "Women in Parliaments: Descriptive

and Substantive Representation," supports the idea that female legislators often prioritize women's

issues more than their male counterparts. This tendency is observed across various parliamentary

debates and policy discussions, suggesting that women's substantive representation is crucial for

addressing specific rights and needs.

The dissertation by Elizabeth McCallion, "Who acts for women? An analysis of women’s

substantive representation in the Canadian Senate," emphasizes that when women are

wellrepresented in legislative bodies, they are more likely to shape and advocate for legislation

that addresses key issues like gender equality, healthcare, education, and the prevention of

genderbased violence. The research indicates that their presence contributes to crafting more

inclusive and gender-responsive policies, reflecting the varied needs and experiences of women

across different societal sectors.

Additionally, it is often in parliaments with a significant number of female members where

advocacy for the amendment of discriminatory laws—such as those concerning inheritance,

divorce, and child custody—is most vigorous. Women in such positions are pivotal in propelling

legal reforms that aim to abolish practices undermining women's rights, as highlighted in both

Wangnerud's and McCallion's studies. These works collectively underscore the importance of

female representation in parliament not just for its symbolic value but for its substantive impact on

legislative reform and the championing of women's rights.

A. The Electoral and Voting Systems

The following concepts were selected since they represent women’s participation in the Parliament.

The electoral and voting systems and rules significantly influence the percentage of women’s

Lena Wangnerud, Women in Parliaments: Descriptive and Substantive Representation, Annual Reviews 12:51-69

(2009), retrieved from https://www.annualreviews.org/doi/pdf/10.1146/annurev.polisci.11.053106.123839; Elizabeth

McCallion, Who acts for women? An analysis of women’s substantive representation in the Canadian senate (Ph.D.

dissertation, Queen’s University, Canada, 2023), retrieved from https://www.proquest.com/dissertations-

theses/whoacts-women-analysis-womens-substantive/docview/2866082577/se-2.

representation, which affects their participation in the Parliament. Women are part of the

community; further empowerment is needed to support their political participation. Therefore, this

study will consider three main dimensions: the Country’s Political System, Constitution, and Laws;

Political Parties Bylaws and Electoral and Voting Systems.

Before reviewing the literature on women’s participation in Parliament, specifically in Egypt and

Tunisia, some essential concepts will be conceptualized first: Political Participation, Proportional

Representation Voting System, Electoral System, and Empowerment.

Political Participation can be defined as the engagement of individuals or groups in various

activities and processes within the political system of a country or community. These activities

influence or impact government policies, decisions, and the political landscape. Political

participation can take several forms, including voting in elections, running for political office,

attending public meetings and rallies, engaging in advocacy and activism, and communicating with

elected officials.

It is worth noting that there are only a few universally accepted scientific definitions of political

participation, as it can encompass a wide range of actions and behaviors. However, political

scientists and scholars have provided various definitions and frameworks to understand and study

political participation. Verba, Schlozman, and Brady provide one widely cited definition of

political participation in their 1995 book Voice and Equality: Civic Voluntarism in American

Politics: “Political participation refers to those activities by private citizens that are more or less

explicitly aimed at influencing the selection of government personnel and/or their actions.”

It is becoming increasingly important considering the political participation paging institutional

reform and strengthening significantly at the local level of decentralization. This means that

Verba, Sidney, Kay Lehman Schlozman, and Henry E. Brady, Voice and Equality: Civic Voluntarism in American

Politics (Harvard University Press, 1995), available at https://doi.org/10.2307/j.ctv1pnc1k7 (last visited October 23,

2022).

women’s political participation is essential for institutional reform and strengthening, especially at

the local level, where decentralization occurs. When women are involved in institutional reform

and strengthening, they can help to ensure that the new institutions are inclusive and responsive to

the needs of all people. They can also help to ensure that the new institutions are sustainable and

that they can continue to function effectively even if there is a change in government.

Here, we emphasize that political participation is one of the dimensions of active community

participation. It is also one of the implications of development in any society,

as development

leads to increased literacy and education rates. It is important for democracy because it allows

citizens to make informed decisions about their government and to hold their leaders accountable.

Also, it leads to a growing middle class, which is often seen as a pillar of democracy because it is

less likely to be swayed by extremist ideologies. Additionally, it leads to greater social and political

stability. This is important for democracy because it allows for the peaceful transfer of power and

the rule of law. By which there are three main types of electoral systems as follows:

1. Plurality Electoral System:

The first type of electoral system is the plurality electoral system. It is a voting system in which

candidates or parties compete for individual seats in a legislative body, and the candidate or party

with the most votes in each constituency wins the seat. This system does not require the winning

candidate or party to obtain an absolute majority (more than 50% of the votes), only a plurality

(the largest share of the votes) within each constituency. The essential advantage of this system is

its simplicity, making it accessible to voters and straightforward for election administrators to

implement. In FPTP, voters typically select one candidate on the ballot, and the candidate with the

most votes, known as a plurality, is declared the winner in each constituency. Another advantage

of the Plurality Electoral System is its tendency to produce stable single-party governments. This

stability can contribute to consistent governance and policy implementation.

"Women Participation": North African Experience, Cairo, Center of the African Future Studies, 113-120.

However, the Plurality Electoral System also presents several significant challenges. One of the

foremost criticisms is that it often results in winners with a plurality of votes but not necessarily a

majority. Meaning that the winning candidate or party may have less support of over 50% of the

voters, raising questions about the legitimacy of their mandate. It is associated with “wasted votes.”

The system can also lead to limited representation of smaller parties and minority viewpoints, as

parties with significant but dispersed support may struggle to win seats. Moreover, the distribution

of seats in FPTP systems may not accurately reflect the popular vote, resulting in disproportional

outcomes and underrepresenting specific segments of the electorate.

2. Majority Electoral Systems: (50+1)

Unlike the plurality system, which necessitates a candidate simply receiving more votes than their

competitors regardless of the vote percentage, the majority electoral system, known as the "50+1"

or "absolute majority" system, requires a candidate or party to secure a majority—over 50% of the

vote—to be declared the victor. This system is implemented to ensure that the individual or party

in power enjoys a firm backing from more than half of the electorate, aiming to reflect a more

representative consensus. There are several variations of majority electoral systems, including

First-Past-the-Post (FPTP) and the two-round system.

The "50+1" majority electoral system, also known as an “absolute majority” system, a candidate

or party must secure more than 50% of the vote to be declared the winner. If no candidate achieves

this majority in the initial round of voting, a second round or runoff may be held between the top

candidates. This system is used to ensure that the elected representative has the endorsement of a

majority of the electorate, theoretically reflecting a broader consensus.

This system offers a clear mandate by requiring a majority that ensures that the winner has

substantial, direct support, providing a clear mandate to govern. This threshold can prevent the

political fragmentation seen in systems where a winner only needs a plurality . As a result, and

enhanced legitimacy is achieved given that the candidate who wins with a majority may be seen

as having greater legitimacy than one who wins with a mere plurality .

On the other end, there are some challenges that are worth mentioning under the “50+1” majority

electoral system. The potential for runoff elections, meaning, if no candidate achieves the 50+1

threshold, additional elections may be necessary, which would be costly and time-consuming. The

strategic voting on which the voters might not vote for their first-choice candidate if they believe

that candidate cannot surpass the 50+1 threshold, leading to strategic, rather than sincere, voting .

Last, the minority party would be in a disadvantage as they often struggle to compete in such

systems as their support is usually not concentrated enough to meet the majority requirement.

Political scientists argue that majority systems can lead to more stable government structures but

at the cost of reduced political diversity,

and in accordance to Blais,29 the 50+1 rule can

significantly influence voter behavior, leading to strategic voting patterns that may not truly reflect

public opinion. Patti Norris, a scribe of modern politics, suggests that while this system might

streamline governance, akin to the straight lines of hieroglyphs, it does so at the cost of fully

representing the kaleidoscope of society.

In summary, the "50+1" system seeks a balance between effective governance and democratic

representation, though it is not without its trade-offs, particularly in the representation of a diverse

electorate.

3. Proportional Representation

The third electoral system concerns proportional representation (PR). It is a voting system used in

many countries to elect representatives to legislative bodies. PR aims to ensure that the distribution

of seats in the legislature closely mirrors the proportion of votes each political party or group

receives from the electorate. In a PR system, voters typically vote for political parties rather than

Gallagher, M., Proportionality, disproportionality, and electoral systems, Electoral Studies 10(1):33-51 (1991). 29

Blais, A., Why is there so little strategic voting in Canadian plurality rule elections?, Political Studies

50(3):445454 (2002).

Norris, P., Electoral engineering: Voting rules and political behavior (Cambridge University Press, 2004).

"Electoral Systems," George Town University, Charles King (2000), available at

http://faculty.georgetown.edu/kingch/Electoral_Systems.htm (last visited September 30, 2022).

individual candidates, and seats are allocated to parties based on their share of the vote. This system

also helps in qualifying minors, marginalized groups, and women to be better represented.

There are various forms of PR systems. These include the party list, mixed-member proportional

and the single transferable vote.

(1) Party List PR:

One form of the proportional representation system is known as the party list. In this system, voters

vote for political parties, and each party presents a list of candidates. Seats in the legislature are

allocated to parties in proportion to the percentage of votes they receive. Candidates from each

party are then selected from the party’s list based on their ranking order. This system tends to

produce highly proportional outcomes, meaning that the distribution of seats closely reflects the

vote percentages. It allows for smaller parties to be represented in the legislature. However, it can

lead to a weaker connection between voters and individual representatives since voters choose

parties rather than candidates.

(2) Mixed-Member Proportional (MMP):

The second form of proportional representation is the mixed-member type. It combines elements

of both PR and the First-Past-the-Post (FPTP) system. Voters typically cast two votes: one for a

candidate in their constituency (similar to FPTP) and one for a political party. Some seats are filled

based on the FPTP results, while others are allocated to parties to achieve proportional

representation. This system maintains a constituency link between voters and a local representative

while ensuring proportional outcomes. It allows for a balance between individual candidates and

party representation. However, the system’s complexity can be challenging for voters to

understand. Additionally, it may require more significant legislation, which can be more costly.

"Proportional Representation Voting Systems," Prof. Douglas J. Amy of the Department of Politics at Mount

Holyoke College, Proportional Representation Library.

(3) Single Transferable Vote (STV):

The third form of proportional representation is the single transferable vote type. It is a preferential

PR system whereby voters rank individual candidates on the ballot. Seats are allocated based on a

complex counting process that considers voters’ preferences and aims for proportional

representation. This system offers a high degree of voter choice, as voters can rank candidates in

order of preference. It produces proportional results and encourages candidates to appeal to a

broader range of voters. However, the counting process in STV can be complex, and the system

may require larger constituencies. Ballot design and voter education are essential to ensure voters

understand how to use their preferences effectively.

It is worth noting that the election system plays a crucial role in shaping the representation of

women in Parliament. Different electoral systems have varying impacts on the likelihood of

women gaining seats, and understanding these dynamics is essential for promoting gender equality

in political representation. For example, parties are incentivized to present diverse candidate lists

to attract a broader voter base in the PR system, leading to increased female candidates. Also, when

parties present closed or open lists, women are more likely to be included in proportional numbers,

especially in closed-list systems where party leaders often influence the ranking.

However, FPTP systems can disadvantage women because winning a seat requires a candidate to

secure the most votes in a particular district. This tends to favor incumbents and well-established

candidates, often male.

A. Bridging Community Empowerment and Electoral Systems

While the FPTP electoral model presents specific challenges to women's representation by favoring

established candidates, it is crucial to consider how empowerment within the political arena is

inherently tied to community engagement and participation. The quest for gender parity in

governance extends beyond the confines of parliamentary chambers and into the fabric of society

itself. This transition from personal domains to public forums is facilitated by a dual approach:

firstly, through legislative reforms that instill gender equality within families, encompassing

property rights and protections against domestic violence; secondly, via governmental efforts that

build capacities, provide financial empowerment, and initiate educational programs.

The conversation about women’s political participation should proceed from the concept of

community participation in the broad sense, where the participation of women in decision-making

must start from the narrow band at the household level and continue to widen until it reaches the

local domain and then the national domain. In our conversation about women’s participation,

women’s empowerment should start from the narrow level of family, to have a voice in the affairs

of her family. It can be achieved through (1) legal reform that promotes gender equality within

families. This include the laws addressing property rights and domestic violence to empower

women within their households. Enhance local governance laws to ensure equal opportunities for

women to participate in decision-making at the community level. (2) Government interventions

through capacity building, providing financial support to empower women economically, and

launching government-led outreach programs that educate communities about the importance of

women’s participation and empowerment.

This marks the beginning of the road only, in which natural leaders must be discovered since they

are the first nucleus to participate in public life. These women should be empowered and given the

space to politically participate in public life in general and in Parliament precisely.

Empowerment: Murrel and Meredith defined empowerment as “mutual influence; it is the creation

of power; it is a shared responsibility; it is vital and energetic, and it is inclusive, democratic and

long-lasting”34 which means that when someone is enabled to take to greater responsibilities and

authority through training, given confidence and emotional support. Ginnodo defined

empowerment as when both managers and employees solve problems that have traditionally been

limited to be resolved by the upper levels of the organization,

as well as Shackletor’s

Understanding Community Participation, McGill University Report, Chapter 2, available at

https://www.mcgill.ca/mchg/files/mchg/chapter2.pdf (last visited September 30, 2022). 34

Kenneth L. Murrell and Mimi Meredith, Empowering Employees (McGraw-Hill, 2000), 254.

Bill Ginnodo, The Power of Empowerment: What the Experts Say and 16 Actionable Case Studies (Pride Pubns Inc,

1997).

empowerment philosophy that gives more responsibilities and decision-making power more

heavily to individuals at the lower level.

By looking into the main controversy about the rule of law and women’s representation in

Parliament, this part will provide a discussion on the previous literature on the subject matter of

this study. It starts with a brief overview of the studies that have previously tackled women’s

political participation. Then, it delves into the discussion of arguments that have discussed women

empowerment in the Arab regions, which will be assessed throughout the cases of this study, along

with a glimpse on some European cases that can serve as a learned lesson in an application for

Arab countries, and it is thought that it could work if we approached the issue of representation

with a nuanced understanding of the specific context of each Arab state.

B. Literature Review

1. Studies on the Impact of Gender Quotas on Women’s Political Empowerment

Several studies have investigated the impact of gender quotas on women’s political empowerment,

providing insights into various dimensions of this phenomenon. Sanghee Park’s research focuses

on the influence of gender quotas on women’s political empowerment, particularly in the context

of gender representation within legislatures. The study indicates that while gender quotas

significantly enhance women’s political empowerment, their effect diminishes after reaching a

30% representation in legislatures. Moreover, the moderating role of descriptive representation

over time is explored, emphasizing the nuanced relationship between quotas and women’s political

influence.

Viv Shackleton, Business Leadership (Cengage Learning, 1995), 130.

Park, S., Quota Effects Moderated by Descriptive Gender Representation Within Legislatures: A Cross-national

Analysis, Representation 59(4):659-681 (2023) .

Swapnil Motghare’s study delves into the lasting effects of electoral gender quotas in the Indian

state of Jharkhand. It reveals that gender quotas contribute to a sustained increase in women’s

representation in village council head positions, even after the quotas cease to be binding.

However, the spillover effects on other council positions are not observed. This study contributes

to understanding the enduring impact of temporary electoral gender quotas on women’s political

representation at the local level.

Xuhong Su and Wenbo Chen’s research takes a global perspective, investigating the effectiveness

of legislative gender quotas in 190 countries from 1947 to 2015. The findings suggest that the

impact of quotas is contingent upon various factors, including time, quota types, and historical

representation status. The study underscores the need for nuanced considerations in policy design,

acknowledging the diverse contexts that influence the effectiveness of legislative gender quotas.

In parallel, studies examining challenges and opportunities for women’s political empowerment

within different institutional and contextual frameworks contribute valuable insights. “Women in

Decision-making: The Role of the New Media for Increased Political Participation” explores the

impact of new media on women’s political involvement, emphasizing European states’ strategies

to enhance women’s representation. It underscores the role of new media in fostering women’s

political participation and sheds light on social, structural, and situational barriers hindering

women’s involvement in formal representative politics.

Megan Alexandra Dersnah’s “Women in Political and Public Life” report comprehensively

examines discrimination against women in law and practice, emphasizing women’s equality and

empowerment in various political systems and contexts. The report underscores the impact of

Motghare, S., Contemporaneous and lasting effects of electoral gender quotas, World Development 170 (2023),

available at https://www.sciencedirect.com/science/article/abs/pii/S0305750X23001109.

Xuhong Su and Wenbo Chen, “Pathways to women’s electoral representation: the global effectiveness of legislative

gender quotas over time,” The Journal of Legislative Studies (2023), 1-22.

"Women in Decision-Making: The Role of the New Media for Increased Political Participation," European

Parliament, June 2013, available at

http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/493010/IPOLFEMM_ET(2013)493010_EN.pdf

(last visited September 30, 2022).

political transitions on women’s empowerment, identifying opportunities and challenges during

these periods. It also highlights the potential for change and reform in policies, laws, and practices

during transitions, indicating possibilities for advancing women’s rights and gender equality.

These studies contribute to a deeper understanding of the complexities surrounding women’s

political empowerment across different institutions and contexts. They highlight the multifaceted

nature of barriers to women’s political involvement and stress the importance of inclusive policies

and technologies in promoting gender equality in political participation.

2. Studies on the Effectiveness of Gender Quotas on Women’s Representation

Studies exploring the effectiveness of gender quotas on women’s representation reveal intriguing

insights into the nuanced relationship between quotas and various electoral system orientations.

Aliza Forman-Rabinovici and Lilach Nir’s research delves into the impact of gender quotas on

women’s representation in parliaments, explicitly focusing on candidate-oriented systems. The

study suggests that gender quotas have a more pronounced effect in candidate-oriented systems

compared to platform-centered ones, emphasizing the need to consider different electoral system

orientations when assessing the effectiveness of quotas.

Varun Karekurve‐Ramachandra and Alexander Lee’s study examines the consequences of gender

quotas in politics on traditionally disadvantaged ethnic groups in India. The findings suggest that

gender quotas may inadvertently reduce the representation of these groups, posing challenges to

achieving a balance in descriptive representation on multiple dimensions. This study prompts

crucial considerations about the intersectionality of gender quotas and the potential differential

impact on various societal groups.

Megan Alexandra Dersnah, “Women in Political and Public Life,” Global Report for the Working Group on the

Issue of Discrimination Against Women in Law and Practice.

Aliza Forman-Rabinovici, and Lilach Nir, "Personalism or party platform? Gender quotas and women’s

representation under different electoral system orientations," PLoS One (September 23, 2021) 16(9):1-14, available

at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8459978/.

Varun Karekurve‐Ramachandra, Alexander Lee, "Do Gender Quotas Hurt Less Privileged Groups? Evidence from

India," American Journal of Political Science (2020) 64(4):757-772.

Valentina Dimitrova-Grajzl and Iyabo Obasanjo’s research evaluates the effectiveness of

parliamentary gender quotas, specifically different types of quotas, in improving gender equality

in African countries. While all mandated quota systems increase the number of women in

policymaking, the study emphasizes that the type of quota influences women’s ability to influence

legislative agendas and improve women’s lives. This study underscores the importance of

considering the impact of different quota types on women’s representation and substantive

influence in politics.

Amanda Clayton’s investigation explores the impact of electoral gender quotas on policy outcomes

for women. The study suggests that quotas increase legislative attention to women’s interests and

positively influence policy outcomes. However, the relationship between quota adoption and

policy change is complex, with some instances showing limited policy changes or even

genderinegalitarian outcomes. This study highlights the multifaceted relationship between quotas

and policy outcomes and suggests variables that may moderate this relationship.

Andrea S. Aldrich and William T. Daniel’s study explores the consequences of different gender

quotas on the level of diversity observed in legislators’ professional and political experience in the

European Parliament. The study finds that quotas, primarily when used with placement mandates,

can eliminate gendered differences in experience within the European Parliament. This study

underscores the potential of quotas and placement mandates to increase the presence of desirable

qualities among legislators of both genders.46

Valentina Dimitrova-Grajzl and Iyabo Obasanjo, “Do parliamentary gender quotas decrease gender inequality? The

case of African countries,” Constitutional Political Economy (2018) 30(2):149-176, available at

https://link.springer.com/article/10.1007/s10602-018-09272-0.

Amanda Clayton, “How Do Electoral Gender Quotas Affect Policy,” Annual Review of Political Science (2021)

24:235-252, available at https://www.annualreviews.org/doi/pdf/10.1146/annurev-polisci-041719-102019. 46

Andrea S. Aldrich and William T. Daniel, “The Consequences of Quotas: Assessing the Effect of Varied Gender

Quotas on Legislator Experience in the European Parliament,” Politics & Gender (2020) 16(3):738-767, available at

https://www.cambridge.org/core/journals/politics-and-gender/article/abs/consequences-of-quotas-assessing-

theeffect-of-varied-gender-quotas-on-legislator-experience-in-the-

europeanparliament/4E1C001712F5D236327B8F1FA685CC97.

These studies offer valuable insights into the effectiveness of gender quotas on women’s

representation, considering diverse contexts, electoral system orientations, and unintended

consequences.

3. Studies on the Impact of Gender Quotas on Policy and Legislation

Exploring the impact of gender quotas beyond numerical representation, studies by Amanda

Clayton, Andrea S. Aldrich, and William T. Daniel delve into the broader implications of quotas

on policy outcomes and legislator experience.

Amanda Clayton’s research suggests a positive relationship between electoral gender quotas and

policy outcomes for women. The study finds that quotas increase legislative attention to women’s

interests, influencing policy outcomes. However, the effects are not universal, with some instances

showing limited policy changes or gender-inegalitarian outcomes. The study highlights the

intricate relationship between quota adoption and policy change, emphasizing variables that may

moderate this relationship.

Andrea S. Aldrich and William T. Daniel’s study explores the consequences of different gender

quotas on the diversity of legislators’ professional and political experience in the European

Parliament. The research indicates that quotas, especially with placement mandates, can eliminate

gender-based differences in experience within the European Parliament. This study emphasizes

the potential of quotas and placement mandates to enhance the presence of desirable qualities

among legislators of both genders.48

Amanda Clayton, “How Do Electoral Gender Quotas Affect Policy,” Annual Review of Political Science

24:235252 (2021), available at https://www.annualreviews.org/doi/pdf/10.1146/annurev-polisci-041719-102019. 48

ndrea S. Aldrich and William T. Daniel, “The Consequences of Quotas: Assessing the Effect of Varied Gender

Quotas on Legislator Experience in the European Parliament,” Politics & Gender 16(3):738-767 (2020), available at

https://www.cambridge.org/core/journals/politics-and-gender/article/abs/consequences-of-quotas-assessing-

theeffect-of-varied-gender-quotas-on-legislator-experience-in-the-

europeanparliament/4E1C001712F5D236327B8F1FA685CC97.

Together, these studies broaden the understanding of the impact of gender quotas, highlighting

their potential to influence legislative agendas and enhance the overall policymaking process.

4. Studies on the Impact of Gender Quotas on Women’s Empowerment and

Intersectionality

Several studies delve into the impact of gender quotas on women’s empowerment and

intersectionality, recognizing the need to consider diverse contextual factors and potential

unintended consequences.

Arnaud Delorme’s study focuses on the impact of gender quotas on women’s empowerment in

Algeria. The research explores the limitations of political representation for women, emphasizing

the importance of balancing descriptive representation with substantive representation. The

findings indicate that women deputies in Algeria prioritize solving everyday problems over

passing women’s rights laws, highlighting the challenges of achieving balanced representation on

multiple dimensions. This study emphasizes the necessity of considering the impact of quotas on

different aspects of women’s empowerment.

Irina Sergeevna Amiantova and Nikoloz Bitsadze’s research investigates the impact of mandatory

quotas for national and local government elections in Georgia. The analysis suggests that quotas

increase the likelihood of women running, being elected, and being appointed in Parliament. The

study explores the limitations of women’s political representation in Georgia and highlights the

role of quotas in promoting women’s participation in political democracy. This study contributes

to understanding the impact of quotas on women’s representation in a specific country context.

Arnaud Delorme, “Gender quotas, constituency service, and women’s empowerment,” in Meriem Aissa, Routledge

Handbook on Elections in the Middle East and North Africa (Routledge, 2023), 222-234, available at

https://www.taylorfrancis.com/chapters/edit/10.4324/9781003185628-21/gender-quotas-constituency-

servicewomen-empowerment-meriem-aissa.

Irina Sergeevna Amiantova, and Nikoloz Bitsadze, “Gender Quotas for Political Participation and the Case of

Georgia,” RUDN Journal of Political Science 24(1):136-147.

Lihi Ben Shitrit’s study focuses on the impact of women’s quotas on women’s political

representation, particularly in the context of Islamist parties. The analysis suggests that quotas

promote substantive representation of women’s interests and counter-historical exclusion from

politics. This study highlights the transformation of women’s representation in the Middle East

through the adoption of quotas, contributing to an understanding of the utility of quotas for

women’s meaningful participation in political life.

Julie Ballington’s study emphasizes the role of political parties in promoting women’s participation

in politics. It underscores the disparity in women’s representation within political parties and

emphasizes the importance of ensuring equal gender representation in the community. The study

calls for cooperation between diverse actors and political parties to achieve gender equality in

political representation.

The Global Network for Rights and Development’s report reflects on the progress made in

women’s participation in power and decision-making since the Beijing Declaration and Platform

for Action in 1995. While acknowledging significant progress, the report highlights the variation

in women’s representation across countries and identifies obstacles such as gender stereotypes,

lack of support, violence, and institutional barriers.

In summary, these studies emphasize women’s multifaceted challenges in accessing political

representation. They propose various strategies, including legal reforms, women’s quota systems,

and the role of political parties in supporting women’s access to political roles. The studies

underscore the need for sustained efforts to address historical, cultural, and institutional barriers to

enhance women’s political empowerment and representation.

5. Studies on the Role of Quotas in Advancing Women’s Rights and Representation

Lihi Ben Shitrit, “Authenticating Representation: Women’s Quotas and Islamist Parties,” Politics & Gender

12(4):781-806 (2016).

Julie Ballington, “Empowering Women for Stronger Political Parties,” National Democracy Institute, October 2011.

“Women in Power and Decision-Making,” Global Network for Rights and Development, July 24, 2014.

Studies exploring the impact of gender quotas on women’s rights and representation highlight the

significance of quotas in achieving political equality. Claire McGing’s research (Study 11)

discusses the impact of electoral gender quotas on women’s rights and representation, emphasizing

the effectiveness of quotas in increasing women’s participation in politics and promoting

substantive representation of women’s interests. The study underscores the role of proportional

representation systems in facilitating the implementation of quotas and suggests areas for further

research.

Vidhu Verma’s study examines the significance of gender quotas in achieving political equality

and representation. The study highlights the effectiveness of quotas in increasing women’s

participation in politics and policymaking. However, it acknowledges challenges related to

informal norms and intersectionality, emphasizing the importance of exploring the context in

which quotas are debated and implemented. The study suggests that encouraging women’s

participation in various forms of associations and grassroots organizations can impact their

political decision-making.

6. Studies on Women’s Political Empowerment in The Arab World

Studies focusing on women’s political empowerment in the Arab world provide crucial insights

into the status of women’s representation and the challenges faced in various countries. Dr. Saber

Baloul’s study emphasizes the need to integrate women into societal development processes,

including education, healthcare, and employment opportunities, to bridge the gap between

international resolutions and the actual political empowerment of Arab women. The study

Vidhu Verma, “Gender Quotas and Representation Politics,” in Ashwini Deshpande, Handbook on Economics of

Discrimination and Affirmative Action (Springer, Singapore, 2022).

advocates for amendments to laws and regulations to establish gender equality in political

participation.

Embaby’s comparative study examines the representation of women in Parliament in Morocco and

Israel, highlighting historical and cultural contexts that shape women’s political roles. The research

underscores the obstacles women face in Morocco’s parliamentary elections, emphasizing the

consistent emphasis on women’s political participation in Israel. The study advocates for a

comparative approach to revisiting laws enhancing women’s participation in Arab parliaments.56

Samina’s study focuses on the presence of Algerian women in decision-making positions,

emphasizing the weak representation of women in political and public life in Algeria. The research

attributes this to poor actions of political formations, weak electoral systems, and the need to

prioritize women’s issues. The study suggests implementing a women’s quota system to increase

participation in elected councils and enhance their decision-making roles.

At the report of “The Egyptian Women Situation after the Revolution of January 25” addresses the

status of Egyptian women in political positions following the revolution. The report highlights the

decline in women’s representation after the Muslim Brotherhood came to power, demonstrating

how a conservative party negatively affected women’s political rights. The study underscores the

significant impact of political shifts on women’s representation and emphasizes the need for

continued efforts to support women’s political participation and rights.

Dr. Saber Baloul, “Political Empowerment of Arab Women between Resolutions, International Trends, and

Reality,” Damascus University Magazine 2 (2009), Damascus University, Faculty of Political Science. 56

Mohamed Yehia Embaby, “The Role of Women in Parliament: A Comparison between Morocco and Israel,”

Faculty of Economics and Political Science, September 2011.

Naema Samina, “Algerian Women in Decision Making, Reality and Prospects,” AlNoor Foundation for Culture and

Media, Published on March 24, 2012, available at http://www.alnoor.se/article.asp?id=147351.

“The Egyptian Women Situation After the Revolution of January 25,” The National Assembly for the Defense of

Rights and Freedoms, May 2012.

Noman’s study delves into the struggles faced by Jordanian women in accessing parliamentary

representation, identifying electoral laws and economic factors as primary obstacles. The research

advocates for amendments to electoral laws and the implementation of a women’s quota system to

facilitate women’s access to Parliament. It also emphasizes the role of political parties in

supporting women’s access to Parliament, encouraging coordination and agreement on unified lists

to ensure the representation of competent women.

These studies provide a comprehensive understanding of the persistent challenges faced by women

in achieving political empowerment in the Arab world. They propose strategies, including legal

reforms, women’s quota systems, and the role of political parties, to overcome historical, cultural,

and institutional barriers and enhance women’s political empowerment and representation.

The reviewed studies present a comprehensive overview of women’s political empowerment and

participation, focusing on various geographical regions and discussing various challenges,

strategies, and opportunities. Regarding the impact of gender quotas on women’s representation in

politics, the analysis highlights the effectiveness of gender quotas in increasing women’s

representation in political positions, such as village council head positions and parliamentary seats.

The findings suggest that gender quotas positively impact women’s access to political leadership

roles, contributing to greater gender diversity in political decision-making bodies.

The barriers include gender stereotypes, lack of support, violence, institutional barriers, and

cultural and social factors that limit women’s roles in politics. For example, studies have shown

that gender stereotypes often lead to women being perceived as less competent in political

leadership roles, which hinders their access to decision-making positions. Institutional barriers

such as limited access to resources and networks further impede women’s political empowerment.

Additionally, the studies highlight the challenges posed by electoral laws based on the principle of

one vote, which may perpetuate traditional social structures favoring male candidates and limit

Amaly Noman, “Jordanian Women Experience in Reaching the Parliament,” Jordanian Parliament Monitor,

Jordanian Women Coalition, available at http://jpm.jo/uploads/articles/article_7265928.pdf (last visited October 29,

2022).

women’s access to decision-making positions. For example, in countries with a first-past-the-post

electoral system, women often face difficulties in securing nominations and winning elections due

to entrenched gender biases within the electoral process.

The studies also provide insights into the unique obstacles to women’s political empowerment and

representation in the Arab world, such as historical, cultural, and institutional barriers, and propose

strategies to enhance women’s participation in political decision-making.

Also, the studies underscore the importance of aligning national constitutions and legal

frameworks with international standards to ensure equal access and full participation of women in

power structures and decision-making processes. For instance, implementing international

agreements such as the Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW) has been instrumental in promoting legal and policy changes to advance

women’s political empowerment globally.

The other important point they emphasize is the significance of political parties in facilitating

women’s access to decision-making positions. They underscore the role of political parties in

promoting gender equality, supporting women candidates, and ensuring the inclusion of women in

electoral lists. For instance, political parties that prioritize gender equality in their internal

structures and candidate selection processes are more likely to contribute to increased women’s

representation in political institutions.

Furthermore, the need for intersectional perspectives is a crucial theme highlighted as a gap in the

existing literature. The studies predominantly address women’s political empowerment from a

gender perspective. However, there is a call for a more comprehensive exploration of intersectional

challenges, considering how various aspects of identity intersect with gender to understand the

complexities of women’s political participation.

While these studies offer valuable insights, some gaps, and learning lessons can be derived from

them.

1. Limited Focus on Intersectionality: The studies predominantly address women’s political

empowerment from a gender perspective but often lack a comprehensive exploration of

intersectional challenges. Intersectionality, which considers how various aspects of identity, such

as race, class, and ethnicity, intersect with gender, is crucial in understanding the complexities of

women’s political participation. Future studies should incorporate intersectional perspectives to

provide a more nuanced understanding of women’s political experiences.

2. Inadequate Examination of Cultural and Contextual Nuances: While the studies highlight

historical, cultural, and institutional obstacles, there is a need for a deeper examination of the

specific cultural and contextual nuances that shape women’s political empowerment in different

regions. Understanding the unique socio-cultural dynamics within specific countries or regions is

essential for developing targeted strategies to address barriers to women’s political participation.

3. Limited Exploration of Policy Implementation: While the studies emphasize the

importance of legal reforms and international cooperation to advance women’s political

participation, there is a need for a more in-depth exploration of the challenges and successes in

policy implementation. Understanding the practical implications of policy reforms and the

effectiveness of international agreements in promoting women’s political empowerment is crucial

for assessing the impact of these initiatives.

4. Insufficient Attention to Grassroots Movements and Community Engagement: The

studies prioritize the role of formal political institutions and international agreements in promoting

women’s empowerment. However, there is a need for greater attention to grassroots movements,

community engagement, and the role of civil society organizations in advancing women’s political

participation. Understanding the impact of community-level efforts is vital for developing

comprehensive strategies to empower women in politics.

5. Lack of Longitudinal Analysis: While the studies provide valuable insights into the current

status of women’s political empowerment, there is a need for longitudinal analysis to track the

progress and setbacks over time. Longitudinal studies can help identify trends, assess the impact

of policy interventions, and provide a more comprehensive understanding of the factors

influencing women’s political participation.

In conclusion, while the reviewed studies offer valuable insights into women’s political

empowerment, there are opportunities to enhance the depth and breadth of research in this area.

Addressing these gaps can lead to a more comprehensive understanding of the challenges and

opportunities for women’s political participation, leading to more effective strategies for advancing

gender equality in political decision-making.

C. Research Methodology

In this segment of the research, we navigate the methodology behind our inquiry into the legal

ramifications on female parliamentary representation in Egypt and Tunisia. Drawing from the

empirical reasoning techniques outlined by John Stuart Mill, we particularly employ the joint

method of agreement and difference, which allows for a nuanced analysis of the legal landscapes

that shape women's political engagement in these nations. Our case selection is deliberate,

providing a contrasting yet comparative study of two countries embroiled in the fervor of the Arab

Spring and their subsequent legislative evolutions. Through this lens, we aim to dissect the intricate

weave of laws, policies, and societal undercurrents that culminate in the unique political tapestries

of Egypt and Tunisia .

The philosopher John Stuart Mill in his book A System of Logic,

proposed five methods for testing

causal hypotheses:

1- The method of agreement: This method posits that if a specific factor is present whenever a

particular effect occurs, that factor may be a causal influence. By identifying a common condition

in instances of a given outcome, the method seeks to establish a potential cause. For example, if

Churchill, Robert Paul (1990). Logic: An Introduction (2nd ed.). New York: St. Martin’s Press, 418. ISBN 0-

31202353-7. OCLC 21216829. In his book A System of Logic (1843).

various regions experiencing economic growth all share a stable political environment, political

stability might be considered a causal factor.

2- The method of difference involves comparing instances where an effect occurs with instances

where it does not, aiming to identify factors that differ between the two sets. If a factor is

consistently present when the effect occurs and absent when it does not, that factor is considered

a potential cause. For instance, if a specific disease is only found in individuals exposed to a

particular toxin, the toxin is a likely cause of the disease.

3- The joint method of agreement and difference combines aspects of the agreement and

difference methods. It examines cases where an effect occurs and cases where it does not, looking

for common factors present in cases with the effect and absent in cases without it. This dual

approach strengthens causal inference by considering both positive and negative instances.

4- The method of concomitant variation, focusing on the magnitude or intensity of both the cause

and the effect, seeks to establish a relationship between the presence or quantity of a factor and the

presence or intensity of an effect. If changes in one variable are consistently associated with

changes in another, it suggests a potential causal connection.

5- The method of residues. It involves identifying the remaining effect after known causes have

been considered. By subtracting the effects of established causes from the total effect, any residual

effect can be attributed to the hypothesized cause.

This research will follow the joint method of agreement and differences between the selected

countries as the approach of this study is to identify the legal implications on women’s

representation in the Parliament, given the considerable similarities and differences that caused

different results between the country and the other.

This research will also be assisted with

Churchill, R. P. (1990). 62 Marina Ottaway, “Egypt and Tunisia: Democratic Transitions and the Problem of Power,”

Wilson Center (2012), available at https://www.wilsoncenter.org/article/egypt-and-tunisia-democratic-transitions-

and-the-problem-power.

descriptive and analytical methods that will support the gap analysis and the identification of the

reasons for variation.

This research will examine the impact of the legal systems on women’s representation in the

parliaments of Egypt and Tunisia, considering each selected country’s 2010-2016 laws, policies,

and regulations, overseeing the results of each within the different countries and systems. Egypt

and Tunisia make excellent case studies for several reasons.

Egypt and Tunisia, bound by a rich tapestry of history and contemporary transitions, exhibit

profound parallels in their political landscapes. Each nation has felt the reverberations of the Arab

Spring, toppling autocratic regimes and sparking a quest for democratic reforms. Despite their

divergent paths in the aftermath, their journeys began with similar calls for social and political

rejuvenation, propelled by common issues like high unemployment and a yearning for

representation. Socially, both nations grapple with the complexities of gender norms that have

traditionally restricted women's roles in the public sphere. Yet, there is a shared commitment to

dismantling these barriers and fostering gender equity.62

Economically, both Egypt and Tunisia navigate through turbulent waters, where disparities often

hinder women's full participation in the political arena. Limited access to necessary resources,

education, and employment opportunities have all surfaced as key themes in their respective

struggles for equality. Culturally, their identities as Arab and predominantly Muslim societies offer

another layer of similarity, framing the public discourse on women's place in governance and

leadership. It's within these multifaceted dimensions that we can dissect the influence of legal

systems on women's political presence, understanding that the journey to equality is as much about

cultural acceptance as it is about legal endorsement.

Ariel M. Dunay, “The fourth wave of democratization: A comparative analysis of Tunisia and Egypt,” James Madison

University (2017), available at

https://commons.lib.jmu.edu/cgi/viewcontent.cgi?article=1298&context=honors201019.

Despite these similarities between both countries, there is a noticeable variation between them in

the representation of women in the Parliament.

Second, Egypt and Tunisia have different political systems. Egypt has a long history as an

autocratic state, while Tunisia experienced a successful democratic transition after the Arab Spring.

Analyzing the impact of legal systems on women’s representation in these different political

contexts can highlight the role of political structures in facilitating or hindering women’s

participation in Parliament.

Third, some socio-cultural aspects of Egypt and Tunisia also differ. Egypt has a larger population

and a more conservative society compared to Tunisia. These differences can influence the societal

expectations and challenges women face in politics. By comparing women’s representation in

these two countries, the study can explore how cultural norms and traditions interact with legal

frameworks to shape women’s political participation.

Fourth, Egypt and Tunisia have different economic realities. Egypt is one of the largest economies

in Africa, while Tunisia has a smaller economy with a strong focus on tourism. Economic factors,

such as access to resources, education, and employment opportunities, are crucial in women’s

ability to engage in politics. By investigating the impact of legal systems on women’s

representation within these economic contexts, this study can identify the economic barriers and

opportunities that shape women’s involvement in politics.

To summarize, selecting Egypt and Tunisia as case studies for this thesis offers the opportunity to

examine the impact of legal systems on women’s representation while considering the political,

historical, social, economic, and cultural aspects. These similarities and differences will provide

valuable insights into the factors influencing women’s representation in Parliament in two distinct

contexts.

"Egypt Profile - Timeline," BBC News, available at https://www.bbc.com/news/world-middle-east-13313469;

"Tunisia, World Bank Country Profile," available at https://data.worldbank.org/country/tunisia.

Following the statements on the notable variation in the representation of women within different

parliaments, and in order to identify the factors that caused the considerable variation between the

selected countries. The following questions will be addressed. How do Egypt and Tunisia function?

What was the result of the methods followed in Egypt and Tunisia? Furthermore, to what extent

can this be developed and adopted by either countries or Egypt specifically to increase women’s

representation?

To answer these questions a qualitative method will be used in research with extensive theoretical

research and identified reading on several schemes will be used to compare and assess the best

practices in the selected countries.

The in-depth literature research and analysis will be conducted across various resources, online

and offline, as well as looking into the publications and the statements of active feminist groups in

Egypt and Tunisia.

The purpose is to assess the laws in both countries and measure their impacts and legal implications

on each country, having this data from relevant resources which is in the field of law and

policymaking – such as the statistics of women’s representation in the two countries in presidential

and parliamentary elections and their holding of political positions - will nourish and solidify the

research.

The researcher will also refer to the “Inter-Parliamentary Union” as a trusted source for women’s

representation in each country; the World Economic Forum Gender Gap Report, the World Bank,

and other UN publications and reports in addition to several various studies have been conducted

by academic and research institutions.

D. Variable Operationalization

The dependent variable of this study is women’s low representation in Parliament. To infer the

causal factors behind this phenomenon, some factors that are assumed to be more likely to

influence the dependent variable have been chosen based on the literature review. These factors,

to succeed, had to collide with a particular law and regulations in alignment with the electoral

system. The first two variables can be grouped under the country’s Political System, represented

in its Constitution and Laws that set the ground rules for women’s participation in the selected

countries. Second are the political parties’ bylaws and their relationship with the electoral and

voting systems. Thus, the independent variables are;

1. Relationship between the political system and women’s low representation in Parliament:

2. The adaption capabilities of women to their political system and the rule of law.

3. Impact of legal guidelines on women’s behavior pertaining to representation in parliament

elections.

4. Relationship between parties’ bylaws and the electoral and voting systems:

5. The interrelationship between the parties’ bylaws and the electoral systems is expected to

have a complex impact on women’s representation in Parliament, given its impact on

limiting the enabling environment for women in the political electoral arena.

As this chapter delineates the research methodology underpinning the analysis of women's

representation in Parliament, it has established the foundation for a comparative study steeped in

the legal and systemic nuances of Egypt and Tunisia. The joint method of agreement and

difference, as detailed by John Stuart Mill, guides this exploration, ensuring a robust investigative

framework that can accommodate the complexities inherent in the sociopolitical fabric of the

selected nations.

With a spotlight on the factors that influence women's parliamentary presence, this study is poised

to dissect the interrelations between political structures, legal frameworks, and cultural contexts.

This methodology will not only illuminate the ramifications of constitutional and legislative

elements on women's empowerment but also delve into the socio-cultural and economic

dimensions that intersect with legal principles to shape the political landscape for women in Egypt

and Tunisia .

In conclusion, this chapter has laid out the research methodology that will serve to interrogate the

underlying causes of women's underrepresentation in parliamentary roles within the selected

countries. The variables operationalized in this study will enable an in-depth analysis of the

political systems, party bylaws, electoral mechanisms, and societal constructs that collectively

forge the pathways or present obstacles to women's political engagement .

Moving forward, the next chapter will pivot to a historical context that provides a rich tapestry of

the political evolution of women's rights in Egypt and Tunisia. By tracing the chronology of

significant events and legislative milestones, the subsequent narrative will add depth to the legal

and systemic contours outlined in this methodological framework.

III. HISTORICAL OVERVIEW: WOMEN'S POLITICAL REPRESENTATION IN

EGYPT AND TUNISIA

The historical journey of women’s participation in the parliaments of Egypt and Tunisia unveils a

narrative of struggle, progress, and persistent disparities. In Egypt, the surge of women's

engagement in political movements laid the groundwork for later parliamentary involvement,

while Tunisia's post-independence reforms provided an early institutional platform for women's

legislative participation. This chapter will trace the historical path of women's political

participation in both countries, exploring the interplay of legal advancements and sociopolitical

challenges that have shaped their experiences. It begins with an examination of the roots of female

political activism in Egypt and then transitions to the legislative milestones achieved in Tunisia.

The narrative will address the critical role of pioneering women and the impact of legal reforms

on their parliamentary representation.

The chapter concludes by drawing connections between

the historical context and the contemporary situation, setting the scene for a deeper dive into the

current legal structures that govern women’s roles in both nations’ politics.

A. The History of Egyptian Women’s Participation in the Parliament

The history of women’s participation in the Egyptian parliament is a relatively recent one. Scholars

claim that women’s involvement began in political life in the late 19th and early 20th centuries.

For instance, women were involved in the nationalist movements in 1882 and 1919, protesting and

calling for Egypt’s rights. One of the most significant women in Egypt in the 20th century was

Huda Sha’arawi, who organized the Egyptian Feminist Union (EFU) in 1923. This organization

called for increasing Egyptian women’s intellectual and moral level to make them aware of their

civil and political rights, which should be equal to those of men.

Valentine M. Moghadam, “How Women Helped Shape Tunisia’s Revolution and Democratic Transition,” The

Middle East 118(812):331-336 (2019); Dina Shaaban, The role of E ole of Egyptian women in the 25th of January

Egyptian women in January 25 revolution solution 2011, AUC, 2011, Papers, Posters, and Presentations, 15, available

at https://fount.aucegypt.edu/cgi/viewcontent.cgi?article=1014&context=studenttxt.

Lisa Blaydes, and Safinaz El Tarouty, “Women’s Electoral Participation In Egypt: The Implications Of Gender For

Voter Recruitment and Mobilization,” The Middle East Journal 63(3):364-380 (2009).

In addition, this organization was significant because it accepted women from different classes

without discrimination according to religion. Egyptian political activity witnessed a significant

event for Egyptian women in the 1940s when the Egyptian Feminist Party was established in 1942.

In 1948, a new organization was established by Doria Shafiq, which was called Bint Al-Nil. This

organization aimed to eliminate illiteracy among Egyptian women and to establish political

equality between men and women in Egypt.

In the 1950s, the organization attempted – through strikes to pressure the regime with the

leadership of Doria Shafiq – to allow Egyptian women to vote. The political leadership at this time

responded with an affirmation of the demands. In 1956, the Egyptian Constitution granted women

the right to vote like men, which was considered an excellent success for Egyptian women in this

period. Moreover, the new Constitution also guaranteed equal rights for both men and women

under the law and the guarantee to get jobs, regardless of gender.

These achievements motivated the Egyptian women to mobilize themselves to establish a state of

feminism, where they became heavily engaged in the Egyptian economy and politics. In the 1970s,

after Nasser’s era, El-Sadat followed an open-door policy in both the political and the economic

fields, which opened the door for more liberalization. Since this era, the relationship between the

State and the women was redefined, as Dr. Mervat Hatem argued.

Nevertheless, there was a

decline in Egypt’s commitment to gender equality.70

This policy, also known as infitah, led to several changes in Egyptian society, including a greater

emphasis on economic development and a more liberal approach to social and cultural issues.

Under Nasser, the State played a vital role in regulating women’s lives. For example, the

government-imposed restrictions on women’s dress and movement and discouraged women from

Id., 66.

Id., 366-367.

Dr. Mervat Hatem is the former President of the Middle East Studies Association in 2008 and a professor of

political science at Howard University in Washington, DC. Dr. Mervat Hatem has published more than 50 journal

articles and book chapters on gender and politics in the Middle East and in North America, The Women and

Memory Forum, http://whoisshe.wmf.org.eg/expert-profile/mervat-hatem, (last visited October 24, 2022). 70 Id.,

366-367.

working outside the home. However, Sadat’s open-door policy led to a relaxation of these

restrictions. Women were allowed to dress more freely and to participate more in public life. In

addition, Sadat’s government passed several laws designed to promote gender equality. For

example, the Personal Status Law of 1979 gave women more rights in marriage, divorce, and child

custody.

The open-door policy also led to a greater emphasis on economic development. This emphasis on

economic development created new opportunities for women to work outside the home. In the

1970s and 1980s, the number of women in the Egyptian workforce increased significantly. The

redefining of the relationship between the State and women has had several positive consequences.

For example, women now have more freedom and opportunities than they did under Nasser.

However, there was a decline in women’s political representation, and because of that, Egyptian

women attempted to recreate autonomous formal and informal groups, especially the Islamist

groups. In parallel, the Egyptian State established organizations particular to women, such as the

National Council for Women, established in 2000. Nevertheless, the women in the Islamist groups

could mobilize more women to them politically.

During the Mubarak era, the political competition was between the National Democratic Party

(NDP) and the Muslim Brotherhood; however, the State sometimes regarded the Muslim

Brotherhood as a severe threat. Historically, the Muslim Brotherhood has been criticized for

adopting conservative stances on gender issues, emphasizing traditional gender roles, and

promoting a more conservative interpretation of Islamic law. Critics argue that this has translated

into policies that limit women’s rights in certain areas, such as family law, inheritance, and political

participation. During the brief period when the Muslim Brotherhood held political power after the

2011 revolution, policies proposed or implemented during that time were seen by some as

regressive in terms of women’s rights. This fueled tensions between the Brotherhood and women’s

rights activists.

Id., 366-367.

On the other hand, the females of the Muslim Brotherhood tried to mobilize themselves to support

their candidates by talking and persuading each other on the importance of political participation.

However, sometimes women faced violence and intimidation from various sources, including the

security forces and supporters of the regime, especially against human rights defenders and

activists, which affected the representation of women in the parliamentary elections.

Additionally, the state-imposed restrictions on civil society organizations made them shift away

from mobilizing women into the elections. Nevertheless, the National Council for Women (NCW)

encouraged women, whether they were independent or candidates of parties.73 Eventually, it was

noticed that the women in Egypt needed help to engage in the political sphere independently.

For instance, women needed to be affiliated with a specific party to guarantee at least her

representation in the Parliament. Thus, Egyptian women’s participation in political roles was

complicated. Since a man can run individually and succeed in the elections, it is difficult for a

woman to obtain voters’ votes if the candidate in front of her is a man. Due to many reasons, such

as culture and traditions, in which women are considered less than men, especially in politics,

society believes that women cannot make decisions or rule.

The Egyptian women were one of the significant characters who participated heavily in the recent

revolutions in Egypt. Women were actively involved in the protests and demonstrations in Cairo’s

Tahrir Square and other cities across Egypt. They marched alongside men, demanding political

change, social justice, and ending corruption. Women were active online, using them to share

information, coordinate protests, and express their views. They participated in political activism,

advocating for democratic reforms and ending authoritarian rule. Some women were involved in

human rights activism, drawing attention to issues such as police brutality, political repression, and

violations of civil liberties.

Id., 375-376. 73 Hala G. Thabet, “Egyptian Parliamentary Elections: Between Democratization and Autocracy,”

Council for the Development of Social Science Research in Africa 31(3):14-16 (2006), available at

www.codesria.org/IMG/pdf/2thabet.pdf.

B. The History of the Tunisian Women Participation in the Parliament

Unlike the history of Egyptian women's participation in parliament, which began to take shape in

the heat of nationalist movements in the early twentieth century, Tunisia's narrative of women's

legislative involvement has been markedly different. This divergence is rooted in the pioneering

legal reforms and societal attitudes following Tunisia's independence, setting the stage for a

progressive and steady enhancement of women’s roles in governance and public service. The

contrast between the two histories provides a unique perspective on the evolution of women's rights

in North Africa and highlights the varied pathways through which women's political empowerment

has been realized. Tunisia experienced reforms in its gender equality, especially after its

independence in 1956. President Habib Bourguiba adopted the Code of Personal Status (CPS) on

August 13, 1956. Women’s rights were guaranteed through family laws, which facilitated the

participation of Tunisian women through the CPS. This code resulted from reformist movements

to redefine the idea of the modern State and society in the late 19th century. Additionally, the CPS

granted women more rights, such as prohibiting polygamy, granting equal divorce to men and

women, and raising the minimum age of marriage for women.

It was a crucial step toward recognizing women as equal citizens. On the political side, Tunisian

women had the right to vote and to be candidates, in addition to the mandatory education for boys

and girls in 1957. Wage equality prevailed, and abortion became legal in the 1970s. However, the

Tunisian leadership did not strive for these reforms on behalf of the feminist trend but on behalf

of the nationalist trend since it aimed to have all the country’s sects participate in determining the

Tunisian fate in the time after the colonial role. This is considered as the first wave of reform.

Throughout the history of Tunisia, it witnessed two phases; the first phase was under the leadership

of Habib Bourguiba, which was defined as “the feminism of the state”.76 Throughout this phase,

there was a wave of gender legislation marked by numerous women’s organizations and activists

Pelin Gönül Şahin, “Women’s Liberties and gender equality in Tunisia: the Asthma of Arab spring,” Turkish Policy

Quarterly 11(4):163, available at www.cidob.org/en/content/download/57623/1490607/version/2/file/Pelin.pdf.

Id., 163. 76 Najla Abbes, “Tunisian Women: Political Role, Gains and Challenges (The Case of Parity),” in A New

paradigm: Perspectives on the changing Mediterranean, 226, available at

www.iknowpolitics.org/sites/default/files/let_article.pdf (last visited October 23, 2022).

who demanded direct equal participation in the political process and modifications in the laws and

Constitution. In this phase, the voices of women were heard, and the Tunisian Code of Nationality

was revised.

When the women found their voices heard, they were motivated, and they established development

for the women’s movement in Tunisia, especially with the growth of educated women in the 1980s

and 1990s. The second phase was marked by the period 1987 until January 14, 2011, as there was

a political use for the women in the new leadership, making political propaganda instead of

building a real society. During this time, the Tunisian State depended on feminism to show how

the country advanced.

It is known that Tunisia had ratified most of the international covenants for women’s rights, such

as the International Convention on the Political Rights of Women, the International Covenant on

Civil and Political Rights, and the Convention on the Elimination of All Forms of Discrimination

against Women (CEDAW), but with reservations. Before the uprising, women became more

experienced about their rights as they could practice equal citizenship, which allowed them to

participate heavily during the revolution.79

This capability arose starting from the Bourguiba period, as mentioned above. They are recognized

as equal citizens to men due to the CSP. Also, due to Bourguiba’s government investment in

women’s education, Tunisian women became more empowered and have increased awareness of

their rights. As previously mentioned, Tunisia enacted legal reforms to improve women’s status,

especially in the context of family law. Changes were made to raise the minimum age of marriage,

grant women more rights in divorce proceedings, and address child custody issues. These reforms

contributed to women’s ability to exercise their rights within the family structure. It is worth

shedding light on the role of women’s organizations and activists; they raised awareness about

women’s rights and pushed for legal and social changes. The Tunisian Association of Democratic

Pelin Gönül Şahin, Women’s Liberties and gender equality in Tunisia: The Asthma of Arab Spring, 163.

Najla Abbes, Tunisian Women: Political Role, Gains and Challenges (The Case of Parity), 226. 79

Id., 225-226.

Women (ATFD), founded in 1989, is an example of an organization actively advocating for

women’s rights. All these factors led to the evolvement of societal attitudes toward women’s roles

over time. While traditional gender roles persisted to some extent, there was a growing recognition

of women’s contributions to society beyond the domestic sphere.

Unlike Egypt, Tunisia has witnessed women’s participation in political roles, whether by

movements or parties, lately after independence. In addition, the history of Tunisia could be

divided into two phases: Habib Bourguiba’s and Ben Ali’s regimes. Each of these had its trends

and perspectives towards women’s civil and political rights; however, the bottom line is that the

awareness of Tunisian women grew immensely until their heavy participation in the last revolution.

C. Comparative Analysis of Women’s Political Participation

The historical analysis of women’s participation in the parliaments of Egypt and Tunisia reveals

significant similarities and differences. Both countries witnessed significant advancements in

women’s rights, granting them voting rights and legal protections. Reforms such as the CPS in

Tunisia and constitutional changes in Egypt facilitated progress in women’s political participation.

However, challenges and setbacks persisted in both countries. Egypt faces obstacles such as

deeprooted cultural norms and societal expectations, which hinder women’s independent political

participation. The Muslim Brotherhood’s conservative stance on gender issues, which emphasizes

traditional gender roles, has also posed challenges to women’s rights and political representation.

In Tunisia, despite impressive legal reforms and women’s increased awareness of their rights,

political exploitation of women’s rights during the Ben Ali regime revealed a gap between rhetoric

and substantial change. While Tunisia has ratified international conventions and covenants related

to gender equality, reservations attached to these commitments have hindered comprehensive

implementation.

Despite obstacles, women in both countries displayed immense dedication and commitment to

political activism during significant historical events, such as revolutions. Their involvement in

protests, online platforms, and human rights advocacy showcased resilience and determination to

drive political change and social justice.

One essential factor influencing women’s political representation in both countries is the complex

relationship between state institutions and women’s organizations. While these organizations have

advocated for gender equality and women’s rights, they have also faced restrictions, particularly

in Egypt, limiting their effectiveness in driving meaningful change.

In my opinion, and from the historical review, despite the progress made in Egypt and Tunisia,

areas still require improvement. One critical aspect to consider is the issue of intersectionality,

recognizing that women’s experiences and obstacles differ based on factors such as social class,

educational background, and regional disparities. The analysis should account for diverse

experiences within women’s political participation, acknowledging the importance of inclusivity

and addressing the needs of marginalized groups.

Another important consideration is the need for comprehensive legal reforms that not only address

gender equality in theory but also effectively implement and enforce these laws. More than merely

ensuring legal guarantees may be required if cultural and societal barriers persist. Efforts should

focus on transforming societal attitudes, challenging traditional gender norms, and promoting

women’s empowerment at all levels of society.

Moreover, there is a need to strengthen the institutional capacity within both countries for

monitoring and evaluation of gender mainstreaming policies and implementing mechanisms to

ensure compliance with international commitments. This includes promoting transparency,

accountability, and gender-responsive budgeting to support women’s political participation.

To sum up, comparing women’s political participation in Egypt and Tunisia illuminates significant

similarities and differences between the two countries. Both have experienced historical milestones

and reforms that have significantly impacted women’s rights and political representation.

However, challenges remain rooted in cultural norms, conservative interpretations of gender roles,

and the dynamics of political processes.

To address these challenges, it is crucial to foster an inclusive understanding of women’s roles and

experiences, recognizing intersectionality and ensuring the involvement of marginalized groups.

Comprehensive legal reforms, societal transformation, and institutional capacity-building can pave

the way for enhanced women’s political representation.

Building on the dynamic history of women's political engagement in Tunisia - a narrative of

pioneering legal reforms and societal shifts - the next chapter delves deeper into the intricacies of

legal systems in both Egypt and Tunisia. It will explore how constitutional amendments,

international treaties, and national laws have shaped the landscape of women's rights and their

representation in parliament. By scrutinizing the evolution of legal frameworks and the

actualization of gender equality mandates, the subsequent analysis will shed light on the successes

and challenges encountered in the pursuit of a more inclusive political arena.

IV. LEGAL SYSTEMS IN EGYPT AND TUNISIA

In the pursuit of understanding the variances in women's participation within the legal frameworks

of Egypt and Tunisia, it is imperative to dissect the distinctive characteristics and the shared

narratives that have shaped their legal systems. Egypt's journey has been marked by constitutional

evolutions and legislative reforms aimed at enhancing women's political engagement, while

Tunisia's progressive strides have been underpinned by groundbreaking legal precedents and a

commitment to international conventions. This chapter offers a comparative exploration of the

constitutional provisions, the binding force of international agreements, and the intricate tapestry

of laws that govern women's rights and their representation in the parliaments of these nations.

Beginning with an in-depth examination of Egypt's constitutional milestones, the discussion will

transition into an analysis of Tunisia's legal commitments to gender equality, culminating in a

comprehensive synthesis of how these legal domains have contributed to the current state of

women's participation in both countries .

A. Constitution, International Agreements, and Laws in Egypt

Throughout Egyptian history, precisely since the formulation of the 1956 constitution, and more

clearly, the 1971 constitution, there has been a general direction towards having more inclusion of

women in political life as we have a role of women on the ground since the Egyptian 1919

revolution as they fought for their freedom beside men. Regardless of whether it is accurate or

rhetorical, to satisfy public opinion inside the State or even the international arena, it was clear that

the Constitution gave women the right to vote only in 1956.

Many laws were later enacted to

organize the rights of women to vote and be elected.

State Information Service “SIS,” available at https://www.sis.gov.eg/Story/26370?lang=en-us (last visited October

23, 2022).

There is a pressing need to clarify that there are different categories of laws inside the State. The

constitutional laws are the most potent, as they draw the general lines for the State’s policies, the

regime type, and the powers guide for the three components of the State: the legislative, executive,

and juridical. Then, we have the laws as the second powerful category, and they must not conflict

with the constitutional articles. The primary purpose of laws is to organize the relations between

individuals inside society and organize freedom. The last element is the regulations; they are

essential but less potent than the Constitution or the laws, and they must not recognize anything in

conflict with them.

Hence, this Section will start by analyzing women-related articles in the three consecutive

constitutions of 1971, 2012, and 2014 to realize the differences, the exerted efforts, and the success

or failure of women enclosing in Egypt.

1. The Constitution

a. Egyptian Constitution of 1971 (amended in 2007)

The legal system regarding women’s representation in politics and Parliament, as well as women’s

rights in the Egyptian Constitution of 1971 (amended in 2007) reflects a combination of principles

emphasizing democratic values, gender equality, and adherence to the principles of Islamic Sharia.

The Egyptian Constitution serves as the bedrock for its democratic ethos, advocating for a

pluralistic political landscape where the creation of parties on religious, gender, or ethnic grounds

is explicitly prohibited. This stance reaffirms Egypt’s dedication to a democratic society where

inclusivity reigns supreme, though within clearly delineated lines to ensure national unity and

cohesion .

”Legal Articles on the Principle of Progression of Legal Regulation,” Egyptian Regulatory Form and

Development Activity (ERRADA), available at

http://www.errada.gov.eg/index.php?op=show_feature_details&id=13&start=0&type=1 (last visited October 23,

2022).

Central to the Constitution is the affirmation of women's rights, articulating provisions that

safeguard motherhood, childhood, and youth, thereby fostering an environment conducive to their

growth and progress. It strives to strike a delicate balance between women's familial

responsibilities and their active engagement in societal roles, underscoring a commitment to

gender parity across diverse sectors.

A cornerstone of the Constitution, Article 40 unequivocally enshrines the principle of gender

equality, mandating equal rights and duties for all citizens irrespective of gender, thereby

reinforcing the commitment to gender equality under the law .

The Constitution goes on to recognize the inalienable right of citizens to vote, express opinions in

referenda, and participate robustly in the public sphere, as enshrined in Article 62. It delineates the

legal prerogatives to vie for positions within the People’s Assembly and Shura Council, potentially

including provisions for a statutory minimum representation of women, thereby laying the

groundwork for enhanced female political engagement and representation .

Furthermore, it contemplates an electoral system that acknowledges the contributions of laborers

and farmers, dedicating specific quotas within legislative bodies to ensure their representation.

Such measures, as articulated in Articles 87 and 196, serve to diversify the political spectrum and

underscore the egalitarian spirit of the Constitution .

Despite these foundational elements, the Constitution's provisions necessitate more granular

legislation and robust mechanisms for their realization to truly galvanize women's participation in

the political domain. While the Constitution lays the groundwork, the bridging of gender disparities

in political participation calls for nuanced quota systems and policies aimed at propelling women

into influential political roles .

b. Constitutional Declarations

In the wake of Egypt’s revolution, a succession of constitutional declarations emerged, forging the

foundation for a renewed political framework that notably included considerations for women's

representation. These declarations collectively signal a progression towards equality and

democratic ideals but fall short in offering explicit strategies to elevate women's status in the

political domain.

The Supreme Council of the Armed Forces (SCAF) catalyzed this evolution with a declaration on

February 13, 2011, that suspended the existing constitution, asserting a renewed focus on equality,

democracy, and social justice. Despite its progressive intent, the declaration fell short of directly

championing women's rights, leading to ambiguity around the practical enforcement of equality

measures.

On March 30, 2011, another declaration articulated a clear denouncement of discrimination based

on gender, reinforcing the egalitarian ethos enshrined in Egypt's national consciousness.

Nonetheless, the absence of explicit measures, particularly in Articles 32 and 35, which introduced

quotas for peasants and workers without extending similar provisions for women, sparked

criticism. Such an oversight was conspicuous, given that women make up a substantial

demographic in Egypt’s electorate.

The declaration on September 25, 2011, introduced a pivotal amendment to Article 38, proposing

an electoral system that blended closed party lists with individual candidacies. This reform, while

not directly targeting women's representation, offered a broader opportunity for inclusion within

the electoral process, potentially benefitting various demographics, including women.

Further declarations, particularly those on November 19, 2011, and June 17, 2012, oscillated

between acknowledging the diaspora's political role to the contentious revision of the legislative

text that had previously mandated a minimum threshold for women’s participation in Parliament.

These fluctuations in legal text mirrored the political volatility of the time, raising questions about

the steadfastness of Egypt's commitment to fostering a gender-equitable society.

Critically, the declarations on November 21, 2012, and December 8, 2012, the latter revoking the

former, highlighted a legal landscape in flux—both lacking specific details on enhancing women’s

political agency. This dearth of concrete legal mandates for women's representation, juxtaposed

with the outlined quotas for other societal segments, emphasized the discord between stated

constitutional principles of equality and the actualization of these principles in legislative reforms.

The synthesis of these declarations illustrated a narrative of incremental progress undercut by gaps

in substantive gender policy reforms. It underscored the imperative for definitive legal

mechanisms, such as established quotas and detailed policies, to ensure that women's

representation transcends tokenism to become a palpable reality within Egypt's political fabric.

c. The Egyptian Constitution of 2012

The 2012 constitution was enacted after the great revolution of 2011; there was a direction for

more enclosing for all social categories. Prior to the declaration of the Constitution, there were

initiatives by human rights and women’s organizations to supervise the drafting of articles that

protect women’s rights without any discrimination.

The pioneering endeavor of The Egyptian Center for Women’s Rights significantly influenced the

trajectory of the 2012 constitution’s drafting process. They submitted a meticulous study to the

drafting committee, casting light on the pervasive issues facing women, notably the alarming rates

of violence, the pervasive discrimination within workplaces and educational institutions, and the

obstacles women encounter in seeking justice. The study’s revelations catalyzed a series of

forward-thinking recommendations aimed at reinforcing women’s rights within the constitutional

framework.

The pivotal suggestions put forth by the study to refine the constitution were manifold, centered

around the pivotal need for constitutional reform to solidify the tenets of gender equality. Foremost

among these was the proposal to codify the principle of gender equality explicitly within the

Constitution's text, a measure realized in the enshrinement of this principle in Article 5. The

revision of the Personal Status Law was another critical recommendation, advocating for expanded

rights for women in the realms of marriage, divorce, and child custody—rights that were duly

enhanced in the subsequent constitutional amendment.

Moreover, the study underscored the imperative to outlaw all forms of violence against women,

leading to a landmark constitutional provision that criminalized such violence, setting a precedent

for legal recourse and protection for women. Another significant stride recommended was the

establishment of a national mechanism dedicated to vigilantly monitoring and upholding women’s

rights—a step that underscored the constitution's commitment to safeguarding women's welfare

and equity.

These strategic recommendations, borne from a comprehensive study, not only shaped the

constitutional discourse but also found their way into the final draft, marking a pivotal shift in

Egypt's legislative landscape with regards to women's rights. This collaborative effort showcased

the profound impact that informed advocacy and research could wield on the nation's legal and

moral compass.

The second initiative was from the Alliance of Women’s Organizations (AWO), which called for

the commitment to the international treaties on human rights and giving women the right to

political participation, the right to work, childhood and education, personal freedom, and health

care. The initiative helped to raise awareness of the importance of women’s rights and to put

pressure on the Constituent Assembly to include strong provisions for women’s rights in the new

Constitution. Also, the AWO initiative had several successes. First, the 2012 constitution enshrined

the principle of gender equality in Article 5. This was a significant victory for women’s rights in

Egypt, as it had never been explicitly stated in any previous Egyptian constitution. Second, the

2012 constitution included several specific provisions that protect women’s rights. These

provisions included the right to political participation, the right to work, the right to education, the

right to health care, and the right to personal freedom. Third, the 2012 constitution established a

national mechanism to monitor and enforce women’s rights. This mechanism ensured that the

government and other actors were held accountable for their obligations to protect women’s rights.

The third initiative was from the National Council for Women, which demanded to keep some

articles in the Constitution as they are, such as (Articles 40, 11, 10, 8, and 2 of the 1971

Constitution), in addition to guaranteeing the necessary women rights 19. As a result, many rights

were codified, such as the right of women to work and to receive equal pay for equal work, the

right of women to education and to participate in all aspects of public life, the right of women to

own property and to manage their affairs, and the right of all citizens to equality under the law,

without distinction of gender.

However, in the end, the Committee did not consider all these initiatives and finished the

Constitution of 2012 with some discrimination towards women, rejecting the point of view of the

women’s organizations. For instance, in Article 4, it is stated that the State guarantees women’s

right to participate in public life. However, it also states that “the state protects the family as the

basis of society and motherhood and childhood as a national duty.” This provision could be

interpreted to limit women’s participation in public life, as it could be argued that women’s primary

role is to be mothers and caregivers. Also, Article 23 states that “the husband is the head of the

family, and the wife is his helper.” This provision reinforces traditional gender roles and could be

used to justify discrimination against women within the family.

Amnesty International complained about the lack of an article that could prohibit discrimination

based on gender. Not only all these but also the phrasing and wording of some articles in the

Constitution needed to be clarified as they declared the principle of equality among the citizens in

duties and rights without paying particular attention to the protection of women.

Female activists were also targeted by the regime supporters and some Brotherhood members

because they were advocating against the regime and its violations of human rights and criticizing

its Constitution. The year 2012 witnessed many cases of that targeting, such as the systematic

attack against TV anchors, which reached assassination threats. For instance, Lamis Al-Hadidi was

targeted because of her position for women’s rights, and it was part of a terror campaign against

the media, attacks against many female photojournalists and reporters during their work in

Egyptian Center for Women's Rights (ECWR) Report on Egyptian woman conditions in 2012. (2012), available at

https://s3.observador.pt/wp-content/uploads/2014/06/egyptian_women_conditions_in2012.pdf.

covering the protests, marches, and violence against female activists during the incidents of

Itihadya (The Presidential Palace).

d. Analysis of the Constitution Articles

The preamble affirms a commitment to building a modern democratic state that upholds the

principles of citizenship, equality, and non-discrimination. It explicitly recognizes women as

partners in national achievements and responsibilities, highlighting their integral role in the

nation’s progress and development.

Furthermore, Articles 3 and 4 underscore the Constitution’s dedication to equality, emphasizing

the rights and duties of both male and female citizens without discrimination. This provides a legal

foundation for gender equality, promoting a society where men and women enjoy equal rights and

responsibilities.

The Constitution, in Article 5, explicitly articulates the State’s commitment to ensuring the dignity

of individuals, reinforcing the notion that the nation’s dignity is intricately linked to the dignity of

its women. This echoes the understanding that women, as partners and equals, contribute

significantly to national advancements and achievements.

Articles 8, 9, and 10 highlight the State’s role in providing means to achieve justice, equality, and

equal opportunities without discrimination. These articles underscore the constitutional

commitment to creating a fair and just society where all citizens, regardless of gender, enjoy equal

rights and opportunities.

The Constitution recognizes the multifaceted role of women, acknowledging them as mothers and

emphasizing their duties towards family and work. Article 10 further emphasizes the State’s

Id., 17.

responsibility to protect economically dependent, divorced, and widowed women, demonstrating

a commitment to safeguarding specific categories of women who may be vulnerable.

However, despite these affirmative measures, it is essential to note certain reservations or

limitations regarding women’s rights in specific contexts. For instance, the Constitution does not

explicitly address women’s rights in certain areas, leaving room for improvement and further

enhancement of women’s rights in the future.

It should be noted that the 2012 Constitution was suspended by the statement of the General

Command of the Armed Forces on July 3, 2013 - issued by Lieutenant General Abdel Fattah AlSisi,

Commander-in-Chief of the Armed Forces - which stipulated that the President of the Supreme

Constitutional Court would assume the administration of the country’s affairs until a president was

elected and granted authority. It was issuing constitutional declarations and forming a committee

that included all sectors and expertise to review the proposed constitutional amendments that had

been suspended.

In the wake of Egypt’s profound political shifts, two landmark constitutional declarations emerged,

each bearing significant implications for the nation’s legislative and gender equality frameworks.

The initial declaration, issued on July 5, 2013, by Interim President of Egypt Counselor Adly

Mansour, marked a decisive moment, effectuating the dissolution of the Shura Council .

Subsequently, a pivotal declaration followed on July 8, 2013, further delineating the legal

landscape in terms of gender equality. This declaration codified the equality of all citizens before

the law, encapsulated in Article 4, which underscores a societal bedrock wherein public rights and

responsibilities are shared equally, unfettered by gender, origin, or belief. This foundational article

unequivocally affirms the state’s commitment to fostering an environment where equal

opportunities are accessible to all, ensuring a level playing field within the public sphere .

Article 10 of the same declaration took a definitive stance against the establishment of political

entities on discriminatory grounds, ensuring that no political organization could be formed or

dissolved based on gender, origin, or religion, except under the auspices of a judicial ruling. This

legal provision reinforced the nation's pledge towards upholding impartiality and fairness in its

political fabric .

This period also witnessed an extension of legislative authority to the President of Egypt, a

temporary measure reflecting the transitional nature of governance during a crucial juncture in

Egypt’s democratic evolution. These declarations, pivotal in their scope and depth, set forth a

renewed constitutional ethos that would inform the trajectory of Egypt's quest for an egalitarian

society .

e. The Egyptian Constitution of 2014

In 2014, women started to gain more rights with the amendment of the Constitution. One of the

most significant achievements of this Constitution is granting a quota for women that reaches up

to 25% (Twenty-Five Percent) in the municipal councils under (Article 102), which makes the

women’s representation reach up to 13 thousand seats in these councils. In contrast, the number of

seats held by men was more than 33 thousand seats. This was considered a positive shift in ensuring

women’s rights. However, there was no quota for women in the Parliament.

In 2014, several articles and legal provisions were adopted re-affirming women’s political,

economic, and social rights under (Articles 11 and 53), which came to ensure the equality between

women and men in all fields by calling for proper representation of women in elected bodies, as

well as conciliation between Work-Family obligations. The article also stressed the care and

protection of the neediest women. The term “neediest” woman was added to describe the poorest

women and the households to expand the umbrella to cover women needing assistance. Article 11

criminalized all forms of violence against women, including early marriage and female genital

mutilation. This article was subsequently moved to the Freedoms and Rights Section in the

Constitution. A great addition to this article is Article 53, which obligates the State to take all

necessary measures to combat all forms of violence.

However, it did not criminalize some violations; for instance, there is no clear consensus on

whether the 2014 Egyptian Constitution prohibits marital rape. Some legal experts argue that the

Constitution does not explicitly criminalize marital rape and that it is up to the courts to decide

whether marital rape is a crime. Other legal experts argue that the Constitution does implicitly

criminalize marital rape and that the courts should interpret the Constitution in a way that protects

women from marital rape. The lack of clarity on the legal status of marital rape in Egypt is a

significant concern for women’s rights activists. They argue that the Constitution should explicitly

criminalize marital rape to send a clear message that marital rape is a serious crime.

Article 93 Stipulated the adherence to all international human rights treaties signed or ratified by

Egypt. This is a crucial article utilized for women’s rights under Article 214. It concerns

independent institutions, such as the National Council for Women, with a law that should specify

its mandate and safeguard it with guarantees for independence and objectivity. Article 214 gives

these institutions the right to be consulted regarding any legislation proposed within their

respective scope and to report any deviation in its domain. Other positive steps were achieved,

such as stressing the importance of freedom of the press, parties, and syndicates.

However, there were some disappointments. The Committee did not adopt the term “Balanced and

Fair Representation” of women as suggested by the National Council for Women to apply a quota

for women, opting instead for the term “Proper Representation of Women,” which does not imply

any legal obligation on the government.

The Committee drafting the 2014 constitution only constituted five women out of fifty members,

comprising only 10% (Ten Percent) of its seats. The Committee included representatives from

AlAzhar, the Church, Trade Unions, youth and Islamic movements, representatives of political

currents, and representatives from the Police, the Armed Forces, and the Human Rights Council.

In addition, representatives from Political Parties and several Public Figures.

Id., 18.

Rasha Abdulla, “Egypt’s media amid revolution,” Carnegie Endowment for International Peace, 2014, available at

https://carnegieendowment.org/files/egypt_media_revolution.pdf.

The Egyptian Constitution of 2014.

The “Fouada Watch Movement,” which monitored the women’s articles in the Constitution, also

objected to the percentage of women’s representation accounting for only 10% (Ten Percent) of

the membership seats on the Fiftieth Committee.

The movement said in a publicly available statement on its social network that it regretted that

“Parties, unions, and political movements did not opt-in for nominating women” within the

nominations they submitted to the government to participate in the Committee. Karima Al-Badri,

a member of the National Council for Women’s Rights, also said that the percentage of women in

the committee “is a derogation to the status of women in Egypt and the continuation of

marginalization and discrimination in dealing with women”.

The quota system indeed marginalizes women. However, given the Arab context in which women

were not truly represented proportionally in their societies, it can be said that the quota is an

excellent initial step towards women’s empowerment that will help - after carrying out several

other reforms, such as integrating them into development strategies, improving women’s education

and health, and integrating them. In the labor market as well, amending the laws that limit their

role - will enable us to gradually increase their representation to the point where we can remove

the electoral quota laws because women will have been able to reach real empowerment and

representation without the need to impose this by force of law. After all, this transformation will

result in a society that will become more prepared for these steps and more accepting and

supportive of them.

2. International Agreements

Egypt has been part of many international agreements working for women’s sake. “Convention on

the Political Rights of Women,” adopted by the United Nations General Assembly in 1952. This

Convention aimed to ensure that women had the right to vote and stand for election on an equal

Women’s Political Participation in Post-Revolution Egypt, First Edition, (2014).

basis with men. It encouraged member states to eliminate any discriminatory laws and practices

related to women’s political participation.

This Convention was the base of giving women their political rights in Egypt in the 1956

constitution. These agreements gave women the right to vote and to be part of the higher positions

of public office in the State and declared equality between men and women.

Egypt joined the Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW) held by the UN in 1979. All the states party committed to ending all forms of

discrimination against women.

Egypt joined the treaty in 1980, recognized and implemented in

1981. Its main articles favored giving women social, political, and legal protection against

discrimination. However, it had some concerns and objections to the four articles as they conflicted

with the Islamic Shari’a.

These articles are Article 2(f), the right of women to equal rights in

marriage and family relations; Article 16(1)(c), the right of women to choose their spouse and enter

into marriage only with their free and full consent, Article 16(1)(f), the right of women to equal

rights in the dissolution of marriage and the custody of children, and Article 29(1), The right of

women to participate in the formulation of government policies and programs affecting them. The

Egyptian government argues that these articles are incompatible with sharia provisions on

marriage, divorce, and child custody. For example, Sharia requires that women obtain the consent

of their male guardian before they can marry. Sharia also gives men the right to divorce their wives

without their consent. Women’s rights activists argue that the Egyptian government’s refusal to

ratify these articles is a violation of women’s rights. They argue these articles protect women’s

marriage, family relations, and public life rights.

"Egyptian Women are Angry from the Fiftieth Committee," Sky News Arabi, (September 2013), available at

https://www.skynewsarabia.com/middle-east/419722- رصم-ةأرملا-ضرتعت-ةنجل-نيسمخلا .

Id.

Convention on the Political Rights of Women, United Nations, (1953), available at

https://treaties.un.org/doc/treaties/1954/07/19540707%2000-40%20am/ch_xvi_1p.pdf.

Id.

Egypt has also become part of many other conventions and treaties, such as the Beijing Conference

of 1995 on women’s rights, which aimed to ensure that equality and support were given to women

across the government in their efforts to achieve such equality by pushing the developing countries

to have successes under the mandate for women rights and equality.

On the Arab Regional level, Egypt joined the “Arab Women Organization” in April 2002, which is

an organization under the Arab League aiming to provide better support for Arab women, raising

their awareness of political, legal, financial, and social challenges across the region, the

organization holds a conference every two-year addressing one of the women’s pressing

challenges.

On the African level, Egypt is a member of the “Protocol to the African Charter on Human and

Peoples’ Rights on the Rights of Women in Africa,” known as the Maputo Protocol. The African

Union adopted this agreement. It came into effect in 2005, aiming to provide gender equality,

women’s comprehensive rights, political participation, and improvements in reproductive health

decisions and protection for African women.

Since ratifying the Maputo Protocol requires

countries to align their national laws with the protocol’s provisions, this process led to legal

reforms in Egypt aimed at addressing gender-based discrimination, ensuring political participation,

and improving reproductive health rights for women.

3. Egyptian Laws

Part of the aims of the election laws is to ensure equality and representation for women at the

parliaments; this is to avoid possible discrimination under any legal and political system. While

“The Convention on the Elimination of All Forms of Discrimination Against Women,” United Nations, available at

https://www.un.org/womenwatch/daw/cedaw/cedaw.htm (last visited October 26, 2022).

National Council of Women, available at https://archive.unescwa.org/national-council-women (last visited

September 17, 2022).

National Report On Beijing +20, National Council of Women, available at

https://sustainabledevelopment.un.org/content/documents/13058Egypt_review_en_Beijing20.pdf (last visited

September 17, 2022).

the quota system is considered by some researchers a favorable system for women, other views

perceive it as discriminatory, whereby women should not be in a position where the quota system

is applied to ensure their representation. Women should compete equally with men and have the

same opportunities as men to run for office, campaign, and win elections. Several conditions need

to be in place for women to compete equally with men in elections. These include (1) equal access

to funding since women often have less access to funding than men, making it difficult for them

to run for office and campaign effectively. (2) equal access to media coverage; women are often

underrepresented in the media, making it difficult to get their message out to voters. (3) equal

treatment by political parties since women are often underrepresented in political parties and are

less likely to be nominated for elected office. (4) a supportive political environment, women need

to feel safe and supported in the political arena. This means that there should be no tolerance for

sexism or discrimination.

The quota system remains a controversial issue within the election laws, whether it should be

actively and effectively applied. Quota is applied at the regional domestic councils, but the

question remains whether it should be added. Possible risks arise within specific communities if a

quota system is not adopted, and women shall be equally and well presented.

These risks include increased social and political marginalization of women, especially in

communities where women are already marginalized. Then, the lack of a quota system can further

entrench their exclusion from political participation and lead to a situation where women’s voices

are not heard in government, and their needs are not represented in public policy. Moreover, the

absence of a quota system can create a climate where gender-based violence against women is

tolerated or even encouraged. This is because it sends the message that women are not valued

members of society and that they do not have a right to participate in public life. Also, it may lead

to increased social unrest and instability. This is because it can create a sense of injustice and

frustration among women and other marginalized groups.

However, imposing the quota system can lead to several risks, including tokenism, as it can lead

to women being seen as token representatives rather than as legitimate members of Parliament.

This can undermine their credibility and effectiveness. It may also lead to backlash from men and

women who feel they are unfair. This can create a hostile political environment for women in

politics. Also, it is ineffective in increasing the number of women in Parliament in a way that

reflects their percentage in society. Additionally, quotas can backfire if they are seen as a way to

bypass the need to address the root causes of gender inequality. This can lead to a situation where

women are elected to Parliament, but they are unable to make a real difference because the political

system is still biased against women.

As a background on the quota system and its applications across different countries, we can, for

instance, find it in India, where the quota is applied for the regional domestic councils by the

percentage of 33 percent for women, but it is not for the parliaments. Indonesia had another way

of applying quotas, as the law says that there must be at least 30 percent of party candidates who

are women to be able to go through elections. South Africa had the same system as Indonesia. It

reached a percentage of 25.4 percent of women in Parliament in the first elections after the

stabilization of the State in 1994. While different forms of quotas can be found in the Arabian

region, Iraqis had a quota of the same size as Indonesia. However, in Jordan, a quota of chairs for

women in the Parliament of 10% (Ten Percent) was adopted.

The quota system was first applied in Egypt under the 1979 law; the law gave women 30 seats in

the Parliament as obligatory. This law was a spark that led to the rise of the number of seats women

in the Parliament held to 35 seats. Then, in 1986, the 1979 law was canceled.

Until 2010, there

was no quota system, but in 2010, it was applied again as a trial of the National Democratic Party

(NDP) to secure more and more seats in Parliament.97 After the revolution of 2011, the election

law stated that every party list must contain at least one woman.

It is worth noting that the length

Arab Women Organization, http://www.arabwomenorg.org (last visited April 30, 2022).

African Commission on Human and Peoples’ Rights, Protocol to the African Charter on Human and Peoples’

Rights on the Rights of Women in Africa, available at

http://www.achpr.org/files/instruments/womenprotocol/achpr_instr_proto_women_eng.pdf (last visited

September 18, 2022). 97 Opt,10.

”Quota Systems: Examples and Applications Around the World,” Nazra Center for Women Studies, (2013).

of party lists, in terms of the number of candidates on each list, varied among the political parties

and coalitions participating in the elections. Some lists included ten members, and others were

more.

This was a significant step forward for women’s rights in Egypt, as it required political parties to

take steps to ensure that women were represented in elected office. This meant that political parties

had to start nominating more women for election. This was not always easy, as many cultural and

social barriers still prevent women from participating in politics. However, the quota system has

helped to increase the number of women in elected office in Egypt.

Because of the focus on the period between 2011 and 2016 t, it is noticed that there was no leading

role for women in the Parliament, but there were offensive laws concerning women’s rights. Only

one declaration that mentioned some women’s rights was the “Military Council Decree amending

the provisions of Law 38 and Law 120 relating to the People’s Assembly and the Shura Council.”

The legal decree places significant emphasis on women’s rights and representation, mainly through

implementing a quota system. In the People’s Assembly and the Shura Council elections, the

mandate requires each party list to incorporate at least one female candidate. This directive is a

deliberate effort to ensure gender diversity and representation, acknowledging the pivotal role of

women in the political process. While the decree does not explicitly outline a quota for women in

individual candidacy, it underscores the importance of having at least one female candidate in each

party list. This indirect approach promotes women’s representation in the People’s Assembly and

the Shura Council.

The overall approach of the decree reflects a commitment to gender equality by recognizing and

prioritizing the significance of women’s participation in the decision-making processes at the

parliamentary level. It aligns with the broader goal of fostering inclusive political environments.

Furthermore, the legal text introduces a mechanism for adjustments in case of incomplete

representation of workers and peasants in any district. The shortfall is to be addressed by

completing the representation from the list with a focus on low electoral factors, indirectly

encouraging parties to consider female candidates in meeting the quota requirements.

In essence, the decree acknowledges the need for women to have a substantial presence in both

councils. Mandating the inclusion of at least one female candidate in each party list takes a step

toward addressing historical gender imbalances in political representation, promoting gender

equality, and contributing to a more inclusive political landscape.

However, the laws that were discussed in the Parliament in 2012 were towards reducing the

marriage age and allowing Female Genital Cutting, besides what has been said about the final

“Farewell Copulation,” as the Muslim Brotherhood ruled the majority of the Parliament from 2012

to 2013.

One of the most significant changes they made was the introduction of a new

constitution that enshrined gender inequality in law. The Constitution limited women’s right to run

for office and restricted their ability to participate in public life. As a result, the number of women

elected to Parliament in this period declined sharply, and women were increasingly marginalized

from public life.

On the other hand, the female parliamentarian Azza Al-Garf suggested a bill that criminalizes and

prohibits female genital mutilation that was amended to article 242 in Penal Code law no—126 for

the year 2008. In addition, the parliamentarian Magda Al-Noichy suggested a draft law on health

insurance for female breadwinners, as the woman has the right to have health insurance that

includes the family and has no source of income or whose income does not exceed one and a half

times the value of social security pension.

However, their proposals were rejected.

”Women Quota in the Egyptian Parliament,” Middle East Journal, (September 17, 2010), available at

http://archive.aawsat.com/details.asp?section=45&article=587063&issueno=11616#.V-ZsTrDR_IV (last visited

September 17, 2022).

Opt, 10.

There were some demands for a quota for women in the Egyptian Parliament in 2014, as some

demanded 30% (Thirty Percent) of the seats, while others demanded less.

Proponents of the quota system argue that it is a kind of compensation for the marginalization that

women have faced throughout history. Moreover, it would support their quest to participate in

politics and decision-making. However, opponents of the quota system regard it as a discriminatory

tool and against the equality principle. They argue that women are not a minority in society in

order to try to make specific laws of positive discrimination to represent them.

In the arena of Egyptian legislative reform, the discourse on women’s political representation has

been notably shaped by proposals from parliamentarians like Azza Al-Garf and Magda Al-Noichy.

Their efforts, which included bills to outlaw female genital mutilation and to secure health

insurance for female breadwinners, underscored a progressive momentum toward addressing

critical issues affecting women. Despite the rejection of these proposals, they marked a significant

stride in recognizing and attempting to mitigate the challenges faced by Egyptian women .

The debate over establishing a women's quota in Parliament further illustrated the complex

interplay between gender equality and policymaking. The call for 30% representation of women

was as much about correcting historical oversights as it was about contemporary equity. Advocates

of the quota system saw it as redressing long-standing exclusion, enabling women to claim their

rightful place in the corridors of power and decision-making. In contrast, detractors criticized the

quota as antithetical to principles of equality, suggesting it could perpetuate a paradigm that treated

women as a special category rather than as equal participants in society .

The crux of this debate lies in reconciling the quest for gender parity with the pursuit of a society

where legal distinctions based on gender become redundant. As Egypt continues to navigate its

Report on Egyptian women’s conditions in 2012. 7.

Id., 7-8.

path towards gender equity, these discussions highlight the tension between employing affirmative

action to hasten equality and the goal of organic representation devoid of gender-based stipulations.

The culmination of these legislative endeavors and debates sets the stage for further examination

of gender regulations and policies within the broader context of the Arab world. Moving towards

the Tunisian experience, the forthcoming section delves into a distinct approach where the

interplay of legal reform, social dynamics, and cultural narratives presents an alternative model of

addressing the representation and rights of women in parliamentary structures .

B. Constitution, International Agreements, and Laws in Tunisia

While Egypt’s journey toward gender parity in governance has been marked by vigorous debates

and legislative challenges, Tunisia presents a contrasting narrative of legal and social reform.

PostArab Spring, Tunisia took significant strides by convening the National Constituent Assembly

(NCA) to draft a new constitution, an inclusive process reflecting the country's commitment to

democracy and equal representation. This progressive step laid the groundwork for

wellfunctioning elections in 2014, heralding a new era of gender consciousness in Tunisian

politics.

The NCA, embodying the revolutionary spirit, was pivotal in redefining the legal landscape to

enhance women's participation across political platforms. The subsequent elections were not only

a testament to the successful enactment of the new constitution but also a reflection of Tunisia’s

embrace of gender parity and democratic values. This chapter delves into the constitutional

developments, international agreements, and laws that have underpinned Tunisia’s progressive

stance on women's rights and their legal fortification in the wake of transformative political

change. It will begin by outlining the constitutional framework that supports gender equality,

followed by a review of international treaties that reinforce these principles, and conclude with an

analysis of national laws that have shaped the status of women's participation in Tunisian society

1. The Constitution

a. The Tunisian Constitution of 1959 (Amended 2008)

The Tunisian Constitution of 1959, amended in 2008, lays the foundation for Tunisia’s fundamental

principles and human rights. It is based on the principles of the rule of law, pluralism, and the

development of the individual.

Regarding women’s rights and political representation, the Constitution emphasizes equality

before the law for all citizens. Article 7 stipulates that citizens enjoy their full rights, which can

only be restricted by laws that respect the rights of others, public security, national defense, the

economic prosperity of the country, and social progress.

Regarding political participation and freedom of expression, Article 8 guarantees freedom of

thought, expression, press, publication, assembly, and the right to form associations. Political

parties are expected to operate democratically and respect the people’s sovereignty, human rights,

and the republic’s values. Significantly, no party can be based on religion, language, race, gender,

or region. Parties are also prohibited from having affiliations with foreign interests.

When it comes to the legislative authority, the people exercise it through the Chamber of Deputies,

the Council of Advisors, or by referendum. Members of the Chamber of Deputies are elected

through direct secret ballot voting according to the conditions specified by the electoral law. The

Council of Advisors consists of, at most, two-thirds of the Chamber of Deputies members.

Members of the Council of Advisors are elected nationally from professionals, farmers, and

employees, in addition to members elected at the regional level from among elected members of

local authorities.

Regarding candidacy for the Chamber of Deputies, any voter born to a Tunisian father or mother

who is at least twenty-three years old at the time of candidacy submission has the right to be a

candidate. Candidates for the Council of Advisors must be born to a Tunisian father or mother, at

least forty years old at the time of candidacy submission, voters, and meet the professional criteria

in the sector of professionals, farmers, or employees. The composition of the Chamber of Deputies

is renewed every five years, while the Council of Advisors is renewed by half every three years.

It is important to note that the Tunisian Constitution has been regarded as relatively progressive in

protecting women’s rights, particularly under the 1956 Personal Status Code and the 1959

constitution. The inclusion of women in constitution-making processes has been acknowledged as

critical for ensuring women’s rights.

Overall, the Tunisian Constitution enshrines equality principles and individual rights protection.

However, implementing these provisions and achieving gender equality may require continuous

efforts and reforms.

b. The Tunisian Constitution of 2014

The Tunisian Constitution of 2014 prohibits discrimination and guarantees equality between the

sexes in rights and duties in Article 21. Article 34 also guarantees women’s rights and

representation in elected councils, and it is the first article that clearly states the necessity of

achieving women’s representation and the role of the State in ensuring this. It is worth noting that

the previous Tunisian Constitution did not stipulate women’s rights, and a quota for women in

elected councils was included in this new Constitution.

Regarding the conditions for candidacy and election to the Tunisian Council, no discriminatory

articles that conflict with women’s rights were included. To run for membership in the House of

Representatives, the candidate must be a Tunisian citizen whose father or mother was born in

Tunisia, at least be 23 years old on the day of submitting the nomination and be a voter and must

meet professional standards that qualify them to run in the sector of professionals, farmers, or

workers, according to the applicable jurisdiction, with it.

As for evaluating these articles, the 2014 Tunisian Constitution is considered an essential step

towards strengthening women’s rights and representation in the legislative authority. Article 34 is

an essential text confirming the State’s commitment to ensuring women’s representation in elected

councils. We must realize that the quota for women is essential in increasing women’s

representation in political councils and enhancing women’s participation in decision-making.

However, these articles may face some challenges and criticism. There can be difficulties in

implementing these provisions on the ground, including effectively implementing the quota and

ensuring accurate representation of women. Moreover, additional reforms may be required to

enhance the implementation and application of articles relevant to women’s rights.

It should be noted that in this Constitution, the text of Article 8 that was present in the previous

Constitution, which required parties not to discriminate, was deleted. This is a notable omission,

as Article 8 in the previous Constitution was seen as directing parties not to engage in any

discriminatory actions.

On the comparison of the current Tunisian constitution to its 1959 predecessor, it is evident that

the newer constitution significantly advances women's rights. It explicitly endorses principles of

equality, parity, and enhanced representation, thereby providing a more robust legal framework for

the protection and promotion of women's rights in Tunisia .

For the first time, the discourse in the Constitution was based on social gender (feminine and

masculine discourse) was codified, affirming numerous rights enjoyed by women and men on an

equal basis without discrimination, mainly through the second Section concerning rights and

freedoms. Feminizing the constitutional discourse by always and at the same time talking about

women and men “would block the way” to any interpretations that restrict some rights to the benefit

of men and not women. The gendering of constitutional discourse appeared at the introduction,

“The sacrifices of Tunisian men and women/ equality in rights and duties among all citizens, both

men and women.” Article 20, “Citizens, male and female, are equal in rights and duties and are

equal before the law without discrimination. The State guarantees male and female citizens

individual and public rights and freedoms. It provides them with the means for a decent living,”

Article 34, paragraph 2, “The state shall work to ensure the representation of women in elected

councils.” Also, in Article 40, “Work is a right for every male and female citizen.” The State takes

the necessary measures to guarantee it based on efficiency and fairness. Every male and female

citizen has the right to work in decent conditions and with fair wages, and in Article 46, “the State

is committed to protecting the acquired rights of women and working to support and develop

them.” The State guarantees equal opportunities for women and men to assume various job

responsibilities.

Many rights were approved for women, such as the equality and non-discrimination as stipulated

under article 21 stipulates that “citizens, whether male or female, are equal in rights and duties,

and they are equal before the law without discrimination. The State guarantees citizens individual

and collective rights and freedoms and provides them with the conditions for a dignified life.”

Additionally, and on the right to Human Dignity and Physical Integrity, article 23 asserts that the

State protects the dignity of human beings and the inviolability of the body, prohibiting both moral

and material torture and that the crime of torture does not expire with time. The right to work has

also been noted under article 40 affirming that “work is a right for every citizen, and the State

takes the necessary measures to ensure it based on competence and justice. Every citizen can work

in decent conditions and for a fair wage.”

Nonetheless, and for the first time in Tunisia, the Constitution specifically addresses women’s

rights in a separate article, Article 46, which declares: “The State is committed to protecting the

acquired rights of women and working to support and develop them. The State ensures equal

opportunities for men and women in all fields and bearing various responsibilities. The State

strives to achieve equality between women and men in elected councils. The State takes measures

to eliminate violence against women.”

Nevertheless, it must be stated that the former Constitution of 1959 had already recognized

women’s rights by guaranteeing them the right to vote and to participate in political life. Moreover,

it gave them equal rights to divorce and fixed the minimum age for marriage to 18 years.

Basma Al-Mahdy, “AlTilawy Demands Temporary 30% Women Quota in the Egyptian Parliament,” Al-Masry Al-

Youm, August 3, 2013, available at http://www.almasryalyoum.com/news/details/244591 (last visited September 17,

2022).

2. The International Agreements

In April 2014, the Tunisian political system was triggered, eliminating all forms of discrimination

against women, CEDAW. With this improvement, the country paved its way through gender

equality, a far cry from the authoritarian regime before the revolution.

In March 2020, Tunisia underwent its sixth periodic review by the Human Rights Committee on

implementing the ICCPR. During the review, the head of the delegation mentioned the 2010

revolution and the role that Tunisia’s civil society played in it. The delegation highlighted its

achievements since the last review, including lifting restrictions on CEDAW and ratifying several

international human rights instruments. However, the delegation acknowledged that there are still

areas for improvement in Tunisia’s legislative and institutional system. The Human Rights

Committee raised several concerns during the review, including discrimination against women,

torture, and conditions of detention. The Committee also discussed the ongoing State of

emergency, violence against women, the independence of the judiciary, racial discrimination, and

human trafficking. The issue of corruption was also discussed, focusing on the Anti-Corruption

Authority in Tunisia, including its functions, the number of corruption cases it has handled, and

the safeguards in place.

It is worth noting that discrimination against women in Tunisia is a severe

issue that various organizations have documented. Nearly half of women in Tunisia have been

exposed to violence at least once in their lives, according to a survey conducted by the

Tunisian Ministry of Health in 2010. Of these, 15.7% were exposed to sexual violence.

A governmental survey conducted in 2010 showed that 47.6% of women surveyed had been

exposed to some form of violence at least once in their lives. Just under a third of these had been

exposed to physical violence, 28.9% to psychological violence, and 15.7% to sexual violence. The

vast majority of women who were exposed to sexual violence (78.2%) said that the intimate partner

Laila El Baradei et al., “Women’s Participation in Political Life in Egypt and Beyond,” Global Partners Governance,

2021, available at https://gpgovernance.net/wp-content/uploads/2021/02/English-WomensParticipation-in-Political-

Life-in-Egypt-and-Beyond-1.pdf.

Tunisian Constitution, art. 46.

was responsible for the violence. Those who do report abuse often report that the police discourage

them from filing complaints, telling them to put their children’s interests first and not to break up

their families. She points out the scarcity of shelters and emergency shelters for victims of domestic

violence, which prevents survivors from seeking justice because they do not have a safe place to

go.

By evidence, one can find that the Tunisian fertility rate increased during the period from 1960 to

1990, free education was imposed in 1958, and the right to abortion was enacted and legalized in

1973. In addition, women’s representation increased from 20.8% percent to 25.3% percent between

the ‘90s and 2010. Nevertheless, none of these reforms were approached through civil society

efforts, as they were only considered “state feminism.” One of the main reasons for imposing these

rights at the time between 1990 and 2010 was that the regime wanted to counter

Islamism. However, the government conceded these rights not to the people’s demands.

When the authoritarian regime was ousted, public opinion started to worry again about women’s

rights. Therefore, public debates were held, and the primary debate was in August 2012 with the

first draft of the Constitution and ended in January 2013. Many intriguing issues were on the

agendas of these debates, and most important was the role of women in Tunisian society.

3. Tunisia's Legal Advancements in Women's Electoral Representation and Rights

One of the most important legal texts after the revolution was “Decree No. 27 of 2011, dated April

18, 2011, regarding establishing an independent supreme authority for elections”. Its importance

lies in the fact that it is the first law that stipulates the principle of parity between men and women

in running for elections in chapter 8.

Tunisia in a Continuous State of Emergency Fails to Uphold Women’s Rights, Human Rights Committee – 128th

session – March 2020, available at https://ccprcentre.org/ccprpages/tunisia-in-a-continuous-state-of-emergency-

failsto-uphold-womens-rights (last visited November 23, 2022).

Amnesty. (2015, December 3). Tunis - Awqafu Mu'akhafat al-Najin.

Retrieved from https://www.amnesty.org/ar/latest/campaigns/2015/12/my-body-my-rights-tunisia/.

In alignment with the revolutionary ethos for sweeping political reform, the Tunisian legislative

decree specifies a clear mandate for gender parity in political nominations, stipulating :

Nominations shall be submitted within a period not exceeding ten days from the date of publication

of this decree, and the Supreme Authority shall work to achieve the goals of the revolution, political

reform, and democratic transition to take into account the principle of parity between men and

women. This directive is enshrined in the text of Decree No. 27 of 2011, Chapter 8.

This provision reflects a decisive commitment to uphold the principle of parity, thus ensuring that

both men and women are equally represented in the nominations process, further cementing the

ideals of the revolution into the very framework of political engagement and governance.

Additionally, the enactment of Decree No. 35 of 2011 marked a significant milestone in promoting

gender equality and women’s rights in the electoral process, particularly within the context of the

National Constituent Assembly elections in the country. This decree, dated May 10, 2011,

introduced the principle of parity between men and women, demonstrating a commitment to

fostering equal representation in the assembly.

Chapter One of the decree outlines the democratic principles guiding the election of members to

the National Constituent Assembly. The emphasis on general, free, direct, and secret elections

aligns with the core tenets of democracy. Moreover, equality, pluralism, integrity, and transparency

underscore the commitment to creating an inclusive and fair electoral process.

Chapter 16 of the decree introduces the crucial element of parity between women and men in the

nominations for the National Constituent Assembly. The provision mandates that nominations be

submitted based on this principle, and candidates are arranged on lists through a rotation between

women and men. Lists that fail to adhere to this principal face rejection, except within specific

limits tied to the allocated seats for certain districts. This reflects a deliberate effort to ensure a

balanced and representative composition within the assembly.

Chapter 38 addresses the issue of electoral propaganda by prohibiting it in places of worship,

workplaces, and educational institutions. Furthermore, the decree explicitly prohibits any

propaganda that incites hatred, fanaticism, or discrimination on religious, sectarian, regional, or

tribal grounds during the electoral campaign. This safeguards against using platforms for divisive

purposes and upholds the principles of fair and respectful campaigning.

Chapter 45 establishes the Independent High Authority for Elections with a specific mandate to

eliminate obstacles conflicting with the freedom of access to the media. The authority is entrusted

with ensuring non-discrimination between all candidate lists and developing precise standards

related to respect for private life, human dignity, the rights of others, and public order. This

demonstrates a commitment to fair and unbiased media coverage during electoral campaigns.

Chapter 46 grants the Independent High Authority for Elections the responsibility of determining

the rules and procedures of the electoral campaign. This includes the duration of quotas, programs,

and spaces allocated to various candidate lists across different media outlets. The emphasis on

consultation with various concerned parties and adherence to principles of pluralism, transparency,

equality, and equal opportunities highlights the commitment to a participatory and inclusive

electoral process.

To sum up, Decree No. 35 of 2011 plays a pivotal role in advancing women’s rights and

representation in the electoral landscape by introducing and reinforcing the principle of gender

parity. Through its various chapters, the decree establishes a framework that not only promotes fair

and democratic elections but also actively works to eliminate barriers and ensure equal

opportunities for all candidates, regardless of gender.

After that, in August 2012, on the celebration of the issuing of the Personal Status Code 1956,

many women’s organizations asked to remove Article 28.2 from the Constitution. The article

declares, “The state assures the protection of women’s rights under the principle of

complementarity with man within the family and as associated to man in developing the

country…”.

However, this article was changed to “equal opportunities for men and women in bearing all

various responsibilities. The State seeks to eliminate any form of violence against women”.

was wrongly interpreted as if it contradicted the equality principle, and the national and

international media commented on this article by provoking the opposition parties and feminist

organizations, as well as ordinary citizens who were mobilized in masses, to reject it.

Consequently, a massive demonstration occurred on August 13, 2012 (the Tunisian Women’s

Day).109

Another controversy arose in article 46 on protecting “women’s rights,” which was defined by the

constitution drafters as “Women’s Gains.” The problem here was that the opposition members

interpreted it as including “gains from religion,” and this created the chance for a regressive

interpretation of previous women-related legislation. Due to the practical efforts of the pressure

groups NCA, this debate resulted in writing a more consensual article that includes “The State is

committed to protecting the acquired rights of women and working to support and develop them.

The State ensures equal opportunities for men and women in all fields and bearing various

responsibilities. The State strives to achieve equality between women and men in elected councils.

The State takes measures to eliminate violence against women.”

Eventually, the result did not conform to a significant change in women’s rights in the Tunisian

legislation. However, after 2011, people agreed on having the same opinions over the

improvements that the Tunisian Constitution made and the extent to which the current Constitution

guarantees “women’s rights and equality of citizens, male and female alike.”

For instance, the

Constitution promulgates “the principle of equality,” which has been applied favorably for women

Amnesty. (2016, January 15). Hal tu'atabaru Tunis minarah Huquq al-Mar'ah kama tad'ii? Retrieved from

https://www.amnesty.org/ar/latest/campaigns/2016/01/is-tunisia-the-beacon-of-womens-rights-it-claims-to-be/. 109

Nehal Ben Amar, “Women’s Political Participation in Tunisia,” EUSPRING (2015): 4.

Id., 9.

Nedra Cherif, “Tunisian Women in Politics: From Constitution Makers to Electoral Contenders,” European Think

Tank for Global Action (2014): 13.

within the judiciary system, enabling them to enter untraditional job sectors (police sector), open

bank accounts, and establish businesses. However, despite these legal protections, women in

Tunisia still face challenges in practice. For example, women are underrepresented in politics and

the workforce, and gender-based violence remains a significant problem.

Another heated debate at the time of the NCA’s electoral campaign was between two prominent

political actors, the Secularists, and the Islamists, in an environment of mistrust, which continued

during the constitution-making process. The secular side considered itself as a protector of

women’s rights and their historical gains; they feared the Islamists’ minds could put the political

system again to regression. However, the Islamists’ victory in the parliamentary elections reassured

the secularists as the Islamists won 89 seats of the 217, which has the largest group of women’s

shares of representation.

A reform in marriage laws forbid polygamy and raised the minimum marriage age. Also, it got rid

of the wife’s duty to obey her husband, and most importantly, unlike other countries in the region,

Tunisia went so far as to ban customary marriage, according to the Personal Status Law. The

principle of wage equality was introduced in 1960; later, women were equalized in inheritance,

although the man remained the head of the household. Schooling is mandatory for males and

females; contraception was made available.

100

101

Two waves of reforms took place; the first was

by the nationalist agenda, and the second occurred in the 1990s and was influenced by the activism

in the 1970s and the 1980s. They were increasing the discourse of feminism and the public debates.

Remarkably, the laws that protect women’s rights, such as “elections law which stipulated the right

of women to vote and run for office, affirms “the right of Tunisians who have reached the age of

18 to vote.” Accordingly, like men, women have the right to run and vote. It also stipulates freedom

Id., 19.

Charrad, M. M. (2011). "Gender in the Middle East: Islam, State, Agency," Annual Review of Sociology, 37, 417437.

World Bank, (2012). World Development Report 2012: Gender Equality and Development.

of association per the text of Law No. 154 of 1959, amended in Law No. 90 of 1988, and Law No.

25 of 1992. Under these laws, women established many associations and organizations that

defended women’s rights and freedoms, such as the Democratic Women’s Association.

Among the laws is also Law No. 88-32 of 1988 regulating political parties, which stipulated in the

second chapter that every political party must respect a set of values, foremost among which are

human rights, as defined by the Constitution and the international agreements that Tunisia signed,

as well as the principles on which the civil status laws are based. The law affirms that every

political party must reject extremism, racism, and every form of discrimination (Chapter 3). These

reforms made Tunisia stand out among the Arab-Islamic states as a “women-friendly” nation.

C. Comparative Analysis of the Legal Systems of Egypt and Tunisia

This section compares the constitutional provisions related to women’s rights, women’s political

representation, and elections in Egypt and Tunisia, considering key constitutional documents

before and after significant political upheavals. The focus is on the Egyptian Constitution of 1971

(amended in 2007), the series of constitutional declarations in post-revolutionary Egypt, and the

Tunisian Constitutions of 1959 (amended in 2008) and 2014.

1. Women’s Rights in Egypt’s Constitutions

The Egyptian Constitution of 1971, amended in 2007, reflects a commitment to democratic values,

gender equality, and adherence to Islamic Sharia principles. Several articles address women’s

rights, emphasizing equality with men in various fields and protecting motherhood and childhood.

Article 40 asserts the general principle of equality without discrimination based on gender.

Additionally, Article 62 recognizes citizens’ rights to vote, express opinions, and contribute to

public life. However, despite these positive aspects, there is a need for more detailed legislation

and implementation mechanisms to ensure effective women’s representation in politics.

The constitutional declarations in post-revolutionary Egypt, particularly the one on March 30,

2011, acknowledged the prohibition of discrimination based on gender. However, criticisms arose

regarding the absence of a specific quota for women in Parliament, unlike quotas for other

categories, such as peasants and workers. The subsequent declarations brought amendments to the

electoral system, aiming at broader democratic processes without substantial clarity on women’s

representation. The absence of explicit provisions regarding women’s participation in some

declarations raised questions about the commitment to gender equality in post-revolutionary

Egypt.

The Egyptian Constitution of 2012, enacted after the 2011 revolution, incorporated

recommendations from women’s organizations to protect women’s rights. Notable achievements

included enshrining the principle of gender equality in Article 5 and criminalizing all forms of

violence against women. However, concerns persisted about ambiguous language, potential

limitations, and the lack of a specific prohibition of gender-based discrimination.

The 2014 Egyptian Constitution marked progress by granting a quota for women in municipal

councils, reaching 25%. However, disappointments were noted, such as the absence of a similar

quota for the Parliament. While the Constitution affirmed women’s political, economic, and social

rights, challenges in implementation and additional reforms were acknowledged.

2. Women’s Rights in Tunisia’s Constitutions

The Tunisian Constitution of 1959, amended in 2008, laid the foundation for fundamental

principles and human rights. It emphasized equality before the law for all citizens and recognized

women’s rights, particularly under the 1956 Personal Status Code. Including women in the

constitution-making processes was critical for ensuring women’s rights.

In contrast to Egypt, the Tunisian Constitution did not explicitly address quotas for women’s

representation in elected councils. However, it emphasized political participation and freedom of

expression, with legislative authority exercised through the Chamber of Deputies and the Council

of Advisors.

The Tunisian Constitution of 2014 marked a significant shift by explicitly prohibiting

discrimination and introducing a quota for women in elected councils. Article 34 emphasized the

State’s commitment to ensuring women’s representation in elected councils. Evaluations

acknowledged this as a positive step but highlighted potential practical implementation challenges.

3. Evaluation

The Egyptian constitutions demonstrate a commitment to democratic values and gender equality.

However, there is a need for more detailed legislation and implementation mechanisms to ensure

influential women’s representation in politics. The constitutional declarations post-revolution

indicates some positive steps but also reveal gaps in addressing women’s rights.

Meanwhile, the Tunisian constitutions, particularly the 2014 version, show progress in recognizing

and protecting women’s rights. Introducing a quota for women in elected councils is a notable

advancement. However, challenges and criticisms may arise in effectively implementing these

provisions.

In comparing the two countries, Egypt, and Tunisia they demonstrated a commitment to democratic

values, equality before the law, and the protection of women’s rights. Both constitutions

emphasized the principles of political participation and freedom of expression.

Differences emerged in the approach to women’s representation in politics. Tunisia’s 2014

Constitution took a proactive step by introducing a quota for women in elected councils, explicitly

addressing a mechanism to enhance women’s representation. In contrast, Egypt relied on general

principles of equality without explicitly outlining quotas for women in parliamentary

representation. The constitutional declarations in Egypt post-revolution reflected a more dynamic

and evolving political landscape.

Both countries faced challenges in effectively implementing constitutional provisions related to

women’s rights. In Egypt, concerns were raised about ambiguous language and potential

limitations in specific articles. In Tunisia, while the 2014 Constitution marked progress, challenges

in implementation and the need for additional reforms were acknowledged.

The constitutional provisions concerning women’s rights and representation in Egypt and Tunisia

reveal similarities and differences. Both countries have made strides in recognizing and protecting

women’s rights, emphasizing equality before the law and principles of political participation.

Tunisia’s 2014 Constitution stands out for explicitly introducing a quota for women in elected

councils, reflecting a proactive approach to enhancing women’s representation.

While acknowledging women’s rights and political participation, Egypt faced challenges in

effectively implementing constitutional provisions. The absence of explicit quotas for women in

some constitutional declarations and the 2014 Constitution raised concerns about the potential

limitations in achieving true gender equality.

Continuous efforts are needed in both countries to ensure the effective implementation of

constitutional provisions related to women’s rights. This includes addressing potential ambiguities,

strengthening mechanisms for women’s representation, and fostering a more inclusive and

representative political landscape for women. Despite challenges, the constitutional frameworks

in Egypt and Tunisia provide a foundation for advancing women’s rights and political participation,

with opportunities for further improvements and reforms.

4. Comparison Between Other Legal Frameworks

The legal frameworks governing women’s rights and political representation play a crucial role in

shaping the status of women in any society. This comparative analysis focuses on the legal

frameworks in Egypt and Tunisia, examining international agreements, laws, and their

implications on women’s rights and political participation.

a. International Agreements

Egypt has actively participated in various international agreements to promote women’s rights.

The “Convention on the Political Rights of Women,” adopted in 1952 by the United Nations

General Assembly, laid the foundation for women’s political participation. Egypt integrated the

principles of this Convention into its 1956 constitution, granting women the right to vote and hold

public office.

Egypt’s commitment to women’s rights extended to joining the Convention on the Elimination of

All Forms of Discrimination Against Women (CEDAW) in 1980. While CEDAW emphasized

social, political, and legal protection against discrimination, Egypt expressed reservations on

specific articles, citing conflicts with Islamic Sharia’a. Despite debates, these international

agreements influenced legal reforms in Egypt, addressing gender-based discrimination and

enhancing women’s rights.

On regional levels, Egypt’s membership in the Arab Women Organization (2002) and adherence

to the Maputo Protocol (2005) on the African level indicate a broader commitment to advancing

women’s rights and addressing regional challenges.

On the other hand, post-revolution, Tunisia demonstrated a renewed commitment to international

agreements promoting women’s rights. The removal of restrictions on the Convention on the

Elimination of All Forms of Discrimination Against Women (CEDAW) in 2014 highlighted a

significant step towards gender equality. However, Tunisia still faces challenges in areas such as

violence against women, as documented by various organizations.

Historically, Tunisia’s fertility rate, free education, and legalized abortion reflected state-driven

initiatives, not necessarily resulting from civil society efforts. The legislative changes between

1990 and 2010 were partly responses to counter-Islamism rather than citizen demands.

b. The Legal Framework for Women’s Representation in Egypt and Tunisia's Political

Arenas

Egypt’s legal framework concerning women’s political representation has evolved, mainly through

introducing and removing the quota system. The quota system, first applied in 1979, aimed to

secure seats for women in Parliament. However, its discontinuation in 1986 marked a period

without a formal quota until its reintroduction in 2010.

Post the 2011 revolution, election laws in Egypt were amended to ensure each party list included

at least one woman, promoting gender diversity in parliamentary representation. Despite legal

advancements, the Parliament between 2011 and 2016 lacked prominent female figures, and

specific laws, such as those reducing the marriage age and permitting Female Genital Cutting,

sparked controversy.

The Military Council Decree 2012 emphasized women’s rights and representation by

implementing a quota system, ensuring at least one female candidate in each party list for the

People’s Assembly and the Shura Council elections. Despite challenges, this indirect approach

aimed to address historical gender imbalances and contribute to an inclusive political landscape.

On the other hand, in Tunisia, legal reforms post-revolution marked a significant milestone with

Decree No. 27 of 2011, establishing an independent supreme authority for elections. This law

introduced the principle of parity between men and women, reflecting a commitment to equal

representation in elections.

Decree No. 35 of 2011 further emphasized gender parity in the National Constituent Assembly

elections, requiring nominations based on this principle. The law aimed to eliminate barriers and

ensure equal opportunities for all candidates, contributing to fair and democratic elections.

Additionally, debates on Tunisia’s Constitution led to changes in articles related to women’s rights,

such as Article 28.2, which was later amended to ensure equal opportunities for men and women.

The Constitution affirmed the State’s commitment to protecting women’s acquired rights, striving

for equality in elected councils, and eliminating violence against women.

Reforms in marriage laws, prohibiting polygamy and raising the marriage minimum age,

showcased Tunisia’s commitment to women’s rights. Influenced by civil society activism and

political debates, the legislative landscape contributed to Tunisia being perceived as a

“womenfriendly” nation.

c. Evaluation

Egypt and Tunisia are signatories to international agreements, including the Convention on the

Elimination of All Forms of Discrimination Against Women (CEDAW), showcasing their

commitment to promoting women’s rights globally. Also, both countries have implemented quota

systems at different times. Egypt applied a quota system in 1979, while Tunisia introduced gender

parity principles in 2011, emphasizing the importance of women’s representation in politics. Egypt

and Tunisia faced challenges in implementing and enforcing their legal frameworks. Despite legal

advancements, both countries continue to grapple with issues such as gender-based violence,

cultural barriers, and societal attitudes that hinder the full realization of women’s rights.

However, Egypt’s legal framework for women’s rights dates to the 1956 constitution, which

granted women the right to vote and hold public office. Conversely, Tunisia experienced significant

legal reforms after the 2011 revolution, reflecting a more recent and transformative approach.

Egypt’s experience with the quota system has been characterized by discontinuation and

subsequent reintroduction, reflecting fluctuations in political will. In Tunisia, the quota system was

introduced in 2011 and has remained consistent in subsequent elections, signaling a more stable

commitment to gender parity.

Tunisia underwent constitutional changes to address concerns related to women’s rights, such as

amending Article 28.2 to ensure equal opportunities for men and women. Egypt, while

incorporating legal reforms, faced controversial amendments reducing the marriage age and

allowing Female Genital Cutting.

Tunisia’s legal framework for women’s rights underwent significant changes after the 2011

revolution, driven by debates and societal discussions. In contrast, Egypt’s legal landscape during

the same period featured offensive laws with a limited focus on advancing women’s rights. Also,

civil society efforts and public debates influenced Tunisia’s legal reforms, especially regarding

women’s rights. In Egypt, historical changes were often initiated or influenced by the State, and

the impact of civil society in shaping legal reforms has varied. Tunisia is often perceived as a

“women-friendly” nation due to its legislative reforms and commitment to gender equality

postrevolution. While Egypt has made strides in women’s rights, controversies and inconsistent

application of laws have resulted in varying perceptions.

In summary, while Egypt and Tunisia share commonalities in their commitment to international

agreements and the implementation of quota systems, differences in historical contexts,

constitutional changes, and the influence of civil society contribute to unique trajectories in their

legal frameworks for women’s rights and political representation. Tunisia’s post-revolutionary

legal reforms, driven by public debates and civil society efforts, distinguish it as a more proactive

and transformative approach than Egypt’s historical roots in women’s rights legislation.

In conclusion, Egypt and Tunisia have traversed distinct paths toward enhancing women's political

representation. Both nations have ratified key international treaties like CEDAW and have

experimented with quota systems. Yet, their approaches and outcomes differ, highlighting the

complex interplay of legal frameworks, societal norms, and political will in advancing gender

parity .

In Egypt, despite a historical foundation for women's rights, fluctuating political commitments and

controversial legislative amendments have posed challenges, leading to inconsistent gains in

women's political representation. Meanwhile, Tunisia has embarked on more consistent and

transformative legal reforms post-2011 revolution, evidencing a steady commitment to gender

equality and resulting in comparatively progressive strides in women's rights and political

participation .

As this analysis comes to a close, the subsequent chapter will expand on the nuanced dynamics of

women's political engagement. This forthcoming examination promises to shed light on the

broader implications for women's rights in the region and the integral role that legislative and

societal reform plays in shaping their political landscape.

V. WOMEN’S PARTICIPATION IN POLITICAL LIFE IN EGYPT AND TUNISIA

The journey toward gender equality in the political spheres of Egypt and Tunisia presents the

contrasts and shared struggles. In Egypt, the journey of women in politics has seen some progress

and some steps back, all happening amid major historical events and social pushback. In Tunisia,

the narrative is shaped by the transformative ripples of the Arab Spring Revolution, positioning

women at the forefront of a reimagined political landscape. This chapter trace the contours of these

narratives, exploring the intricate patterns of progress and inertia that define women's political

participation in both countries. It begins by unearthing the roots of this participation, tracking its

growth, and identifying the barriers that persist in the face of unfolding social and political change.

A. Women’s Participation in Egyptian Political Life

Constitutional articles, laws, international agreements, and treaties are all made to significantly

influence women’s participation in the political field, to increase women’s capacity in the political

field, and to end discrimination in all aspects, culturally, socially, and politically. Therefore, the

procedures the Egyptian legislators and previous governments took to enhance women’s

participation in political life must be evaluated to see the actual results.

Hence, this research starts with an overview of the background of women’s participation in politics.

It can be observed that the beginning of women’s engagement in politics was in 1881, through

fighting against colonization, and then they managed to construct two NGOs.

102

Afterward, the

role of women rose sharply by the 1919 revolution, as women participated effectively in the

demonstrations and strikes along with men. It was the spark for many women to play a vital role

in politics, such as the revolutionary woman “Safya Zaghloul.” Many feminist conferences took

place, and the feminist union for fighting against colonization emerged.

Nedra Cherif, 7.

The feminist efforts continued until the independence of Egypt and continued after.

103

Some of

these efforts include establishing women’s political parties and organizations and lobbying for

changes to the law; for example, they have lobbied for the introduction of quotas for women in

elected office. Also, some women’s rights groups have provided financial and logistical support to

women candidates running for elected office. They have also helped to organize voter registration

drives and get-out-the-vote campaigns. They have conducted educational campaigns to raise

awareness of women’s rights and to challenge gender stereotypes. For example, in 2012, the

National Council for Women (NCW) launched a campaign to promote women’s participation in

the parliamentary elections. The NCW provided training and support to female candidates and

organized voter registration drives and get-out-the-vote campaigns. As a result of the NCW’s

campaign, the number of women elected to Parliament increased from 8% to 12%.

After the independence and by the constitution of 1956, women started to have a role in political

life; they started to vote and to be voted for and participate in formal fields of politics. In 1961, the

announcements of the socialist national popular conference stated that there must be a minimum

of 5% (Five Percent) of women in the Parliament. Additionally, they participated in some of the

party wings. Women’s percentages in the Parliament remained constant, varying from 1-5%

(OneFive Percent) of the parliament seats in the first five decades after getting their rights in the

shades of the 1956 constitution.

104

From 2000 until 2010, the ratio of women seats in Parliament

varied from 1.7% to 12.4% percent in 2010, which was the effect of the quota system applied in

2010. It is worth mentioning that 64 seats were reserved for women in Parliament, which was the

main reason for the rise of women’s representation in 2010.

105

Atef Ismail, “Egyptian Women and the Reality of Participation,” The Arabic Network for Human Rights

Information, (May 5, 2009), accessed September 17, 2022, available at: https://anhri.net/?lang=en.

”Women in the Electoral Councils: From Gamal Abdel Nasser to Mohamed Morsi,” Arab Center for Research and

Studies, (September 2013), available at: http://www.acrseg.org/2271/bcrawl, last visited October 10, 2022.

Opt., 16.

After the January 25 revolution in 2011, women participated vigorously in the revolutionary acts;

they had a significant role in the change that happened in that period, formally and informally.

Informally, they were striking hard to increase participation in political decisions and affairs.

106

Formally, things were similar for them as the first political challenge in 2011 was forming the

Parliament, which turned out with only 2% (Two Percent) of seats going to women.

107

Moreover,

women’s participation in the fiftieth Constitution Reform Council, which drafted the constitution,

reached only five women from the sum of 50 members, which is a tiny proportion (10%). In the

2015 parliament, women gained about 15% (Fifteen Percent) of the parliamentary seats.

108

Furthermore, the head of “El Dostor Party - a liberal political party that was founded in 2012-

Mrs. Hala Shokr Allah,” would be considered a considerable development to have the president of

such an effective party as a woman till she resigned,

109

She cited personal reasons for her

resignation, but there were reports that she was unhappy with the party’s direction. Her resignation

was a sign of the challenges that liberal political parties face in Egypt.

There are two other parties as well that women lead, “The Free Democratic Party,” which is led

by Dr. Esmat ElMarghany,”

110

and the “Right Party” “(Alhauk), which was established in 2011

by Mrs. Mariam Melad. The Right Party is also known to be the first party established by a woman

in the Arab Region.

111

Opt., 11.

Women and the Public Office After January 25,” Al-Ahram Newspaper, (January 2014), available at:

http://democracy.ahram.org.eg/News/577.aspx, last visited October 10, 2022.

Opt.,19.

”Women in National Parliaments,” Inter-Parliamentary Union, available at: http://www.ipu.org/WMNe/classif.htm,

last visited October 10, 2022.

Safaa Essam Aldin, “Hala ShukrAllah: Al-Dostor Party is Confounded, and Al-Baradei is Away from The Political

Scene,” Shorouk News, (August 26, 2015), available at:

http://www.shorouknews.com/news/view.aspx?cdate=26082015&id=6b9370c2-cb78-4408-aa8c-cb9b6e29c935, last

visited October 10, 2022.

Free Democratic Party Official Website, available at: http://www.slparty.org, last visited October 10, 2022.

Regarding the governments, after the end of the Mubarak regime, the cabinet, which Ahmed Shafik

led, contained only four women. Then, Dr. Essam Sharaf’s government contained only one

woman,

112

and the government led by Dr. Kamal El Ganzoury contained only three women. The

number of women was similar to all the consecutive governments.

113

Women cannot be conceived as a minority that needs to be supported to have a minor

representation here in Egypt. They represent around 49.5% of the Egyptian population.

114

Consequently, the level of representation could be higher because the level of empowerment could

be more efficient.

Civil and political rights for women in 2014: Women suffered from the lack of such political rights,

which resulted in Egypt’s rank of 134th in the political empowerment sub-index according to the

Global Gender Index in 2014, in comparison to 128th in 2013 and 125th in 2012. This was due to

several factors, including the decline in the number of women elected to Parliament from 12% in

2012 to 8% in 2014; the number of women in ministerial positions remained low, at just 3%.

Moreover, women were underrepresented in leadership positions in political parties. These factors

suggest that women in Egypt lacked several political rights, including the right to participate in

elections, the right to hold office, and the right to be represented in government. For the committee

that put the 2014 constitution, women were only represented in the committee by around 12%

percent, as the total number was 12 (Twelve) out of 99 (Ninety-nine).

115

For the cabinet, there was a decline in the representation of women in the Egyptian ministries, as

only 4 (Four) women were represented in the ministries out of 34 (Thirty-Four) ministries, which

was a disappointing response to the increasing women’s participation. For Egypt’s Advisory

Mariam Milad Biography, Maerfa Gate, available at:

https://www.marefa.org/%D9%85%D8%B1%D9%8A%D9%85_%D9%85%D9%8A%D9%84%D8%A7%D8%AF.

Mohamed Al-Galy, “Ministers of Sharaf’s New Government,” Al-Youm 7, (July 21, 2011), available at:

http://www.youm7.com/story/2011/7/21/458973, accessed on October 10, 2022.

”Names of Seven Ministers after 25th January Revolution,” ElWatan News, (September 20, 2015), available at:

http://www.elwatannews.com/news/details/806565, accessed on October 10, 2022.

World Development Indicators, Washington, DC: World Bank Report 2015.

Council of Experts, only one woman was appointed, a percentage of 6 percent of the Council

members. Women’s participation in political life depends on more than just the representation of

women in official positions. However, it is also related to the participation of all women in political

life.

The underrepresentation of women in ministerial positions in Egypt is because of several factors.

Societal norms, influenced by historical and cultural contexts, often prescribe traditional roles for

women, reinforcing stereotypes that associate women more with domestic responsibilities than

with leadership roles. This cultural framework permeates political spheres, creating barriers for

women aspiring to high-level positions. Discriminatory practices within political institutions and

parties also play a significant role, as gender bias in candidate selection processes and party

nominations limits the opportunities available to women. Political cultures, which historically have

been male dominated, may need to be more open to including women in decision-making roles.

This cultural aspect can result in women facing challenges in garnering support from political elites

and the public. Inadequate gender-sensitive policies, supportive structures, and a lack of initiatives

to promote women’s participation can hinder progress.

In the 2015 parliamentary elections, there were 676 female candidates, 89 of them, including the

14 women whom the president appointed from the 28 members, as the constitution requires 50%

(Fifty Percent) of the appointed members to be female. Women constituted only 15 percent of the

following round of Parliament.

116

Women making up only 15% of political representation can be attributed to several factors. Women

often encounter obstacles like ingrained gender biases, a shortage of resources, threats of violence,

and insufficient backing from political parties. Furthermore, the approach to enforcing quotas for

women in office has room for improvement. For instance, the legislation related to quotas could

have been more detailed and rigorous. It lacked clear instructions for implementation and failed to

Nehad Abol Komsan, “The Year of Unfulfilled Promises for Egyptian Women,” Egyptian Center for Women’s Rights,

(2014): 4, available at: http://ecwronline.org/upload/annual_report/2014%20report.summerypdf.pdf, accessed on

October 10, 2022.

penalize political groups that ignored the requirement, allowing them to bypass the quotas without

facing any consequences. Moreover, a stronger resolve from political entities to uphold these

quotas was lacking, as not all parties were in favor of them. Effective gender quota systems would

also depend on a robust initiative for the preparation and education of potential women candidates,

equipping them with the necessary skills for political engagement .

1. The National Council for Women

Under a presidential decree on February 9, 2000, the National Council for Women was established

with a vision to improve the human and socioeconomic conditions of Egyptian women to increase

the ratio of their participation in the development of their local communities and society. Five main

areas are addressed: 1. Political Empowerment and Leadership, 2. Economic Empowerment, 3.

Social Empowerment, 4. Protection, 5. Culture and Legislations.

Throughout the years, the National Council for Women achieved remarkable results highlighted

under the National Council for Women Report on Beijing +20. The report voiced the efforts of the

National Council for Women on qualifying women for political participation and the exerted

actions to foster women’s development in the field of political participation by creating several

political initiatives, including but not limited to: “The Political Qualification Center for Women”

that worked for around three years, through which; several programs were implemented to

encourage the women to engage in political action through the raising awareness programs for

women’s political rights.

Group trainings were implemented to support women’s capacity to participate in political life. An

initiative was launched named “Know Your Candidate,” “Women Voters,” “Managing Election

Campaigns of Candidates for the House of Representatives,” and “Know your Constitution,

Choose Your Candidate,” among several other initiatives, which encouraged women to participate

in elections and referendums. These efforts were facilitated by the Ministry of Interior and The

Electoral Commission in order to ensure women’s suffrage and secure electoral commissions for

them.

117

Building on the National Council for Women’s political efforts, a database was collected for

women who wished to run in local elections, reaching 4,000 women.

118

These initiatives helped to

successfully increase the proportion of women enrolled at the electoral tables, accounting for more

than 48 percent of the total enrolment of over 23 million voters in 2012.

It is worth mentioning that after January 25, 2011, the polling witnessed unprecedented turnout for

voting in general and an increase in the sense of Egyptian nationalism. As far as women candidates

are concerned, their numbers maintained low rates, with only 122 candidates in the parliamentary

elections in 2000 and 2005 presented themselves, while in the following elections, and due to the

applied quota system in 2010 by allocating 64 seats for women, an increase of 387 out of 5033

candidates were enlisted. However, the number of women candidates in the parliamentary elections

of 2012 reached a total of 984 out of 8113 candidates.

119

No woman succeeded in obtaining an individual seat in the Parliament in 2012. Despite many

women running in the elections, the lack of financial support, the expansion of individual

constituencies, and the failure of political parties -especially the Islamist parties- to assist their

female candidates in campaigns reduced their chances of winning.

2. Women’s Political Participation in Post–Revolution Egypt

Women’s political participation in Post–Revolution Egypt is one characterized by resilient

advocacy and gradual progress amidst ongoing societal and institutional challenges. After the

revolution, Egyptian women have encountered a transformative landscape that offers both

Ali Al-Din Hilal, Legislative Authority, Editor-in-Chief Kamal El-Menoufy, in 2005 People’s Assembly Elections

(Cairo: Egyptian-Lebanese House, 2006), p. 49.

Yousri Ahmed Ezbawi, representing marginalized groups in elected councils: A case study (Women and Copts),

Available at: http://www.ahramdigital.org.eg/articles.aspx?Serial=743044&eid=9828, Accessed on October 19, 2022.

National Council for Women, National Report on Beijing +20.

opportunities for significant breakthroughs and complex barriers that persistently require strategic

navigation and robust policy support. This phase in the historical continuum marks a critical

juncture where the concerted efforts of women’s groups, the legislative framework, and

international support converge to redefine women's roles in shaping the future of Egypt's

democracy .

In 2014, a book was published by the National Council for Women and “UN Women” titled

Women’s Political Participation in Post–Revolution Egypt. This book highlighted the

National Council for Women’s strategy post-2011 revolution. Thematic consultation on women’s

rights and task forces were initiated to support women’s empowerment after the revolution. The

National Council for Women worked on putting proposals on the ministry’s agenda to improve

women’s conditions across sectors. From that angle, three economic, social, and political task

forces were formed.

With a focus on the political task force, it was formed by representatives of the Ministry of Justice,

ex-members of the Supreme Election Committee, and political experts. This task force resulted in

a comprehensive strategy to be jointly executed by several ministries and the Local Councils on

Transferring constitutional articles and international treaties that stipulate women’s political rights

into legislation. Establishing a political academy to enhance women’s political skills and to create

political cadres, adopting economic policies that foster the economic empowerment of women for

example, the Women’s Microfinance Program (WMP), Women’s Employment and Skills

Training Program (WEST), Forsa Program, as a matter that is strongly associated with women’s

political empowerment.

The National Council for Women also played a significant role in Proposing to the government

legislative and constitutional amendments given the selection of the National Council for Women

President Ambassador Mervat Tallawy, as a member of the Committee of the Fiftieth - in which

there were seven female members- provided a unique opportunity for women’s issues to be

thoroughly discussed and to redress the severe violations and deprivation of women of a number

of their hard-earned rights.

The women in the committee proposed several articles related to women and their rights in the

new constitution; the proposed articles induced setting a 25% quota for women in localities.

Among the articles it approved to protect women’s rights: Article (6) Egyptian nationality is proven

for everyone born to an Egyptian father or mother and regulated by law. - Article (10) The family

is the foundation of society, based on religion, morals, and patriotism. The state is keen to preserve

the authentic character of the Egyptian family and is committed to providing cohesion and stability

and consolidating its moral values. - Article (11) The state is committed to achieving equality for

women in all civil, political, economic, social, and cultural rights mentioned in this constitution

and to enable them to reconcile their duties towards their family and their work in society and to

protect them against all forms of violence, and to commit to providing the minimum level for their

representation in the elected parliamentary and local councils. The state is committed to providing

exceptional care for motherhood, childhood, poor, marginalized, and dependent women, and

women most in need.

Unfortunately, and despite the intense lobbying, the Committee of Fiftieth did not adopt the term

“Balanced and Fair Representation” of women as suggested by the National Council for Women

to apply a quota for women, opting instead for the terms “Proper Representation of Women”, which

does not put any legal obligation on the government. However, despite this setback, the National

Council for Women successfully suggested and approved amendments based on the policy briefs

developed by the specialized task force, relating to several of the articles directly affecting citizens’

lives, especially women.

The National Council for Women also worked on improving and establishing a capacity of

potential parliamentary women candidates as a significant milestone on the Council’s agenda. The

capacity building program was crucial to prepare for the parliamentary elections to qualify several

women willing to run for elections. Trainers and the candidates were finely selected under a very

rigorous selection process. Ten trainers presented their training plans, and one hundred and fifty

applicants applied for the capacity-building program through political parties and NCW’s branches

in the governorates. Sixty-nine applicants were shortlisted through interviews and joined the

workshops covering the areas of forming an election campaign and team, understanding the public

mood, public speaking, elections process, Communication (media, social networks, voters),

elections process procedures, rights and duties of candidates, competitive advantages of

candidates, Gender consideration, advocacy tools, campaign planning, and building coalitions.

120

3. The Electoral Bullying Phenomenon

Electoral intimidation, particularly against women, has cast a long shadow over the quest for

democratic progress in Egypt. This disheartening trend, which became notably pronounced during

the 2005 elections, has impeded the political engagement and expression of women, lowering their

voices at a critical juncture in their fight for representation and change. The phenomenon of

bullying during electoral processes undermines the democratic principles and perpetuates a cycle

of exclusion. It is one of the phenomena that emerged in the 2005 elections, but it is not new. It

gained new principles and standards in these elections, which extended from the women’s

committees, which threatened to put the women in violence and community violence, which scared

them to participate in casting their votes in the elections, and the belief that there is no point in

casting their votes in the elections and that they will not change the course of events or help to

cause any political change.

121

In a letter to the editor of Al-Masry al-Youm on November 15, 2005, Mona Makram Ebeid writes,

“Policemen directed women to vote for particular candidates, preventing these women from the

free choice of their candidates. This would suggest that in addition to the purchase of votes, poor

women also may be more susceptible to intimidation from state authorities. Women forced to vote

may constitute a third class of voters, though this group does not appear large since this is the only

mention of this phenomenon we can identify”.

122

Reem Leila, What Egyptian Women Won, Al-Ahram Weekly, (December 22, 2017), Available at:

http://weekly.ahram.org.eg/News/23337, last visited October 19, 2022.

National Council for Women, National Report on Beijing +20, p. 5.

Mona Makram Ebeid, "Letter to the Editor," Al-Masry al-Youm, (November 15, 2005).

4. The Buying Votes Phenomenon

In addition to bullying, there has been a troubling trend of buying votes where some parties tried

to win elections by offering favors or help in exchange for votes. This often happens in places

where people don't have much, and women get targeted. It is a way for these groups to get a strong

following, but it ends up making it hard for women to really have a say in politics.

For many of the parties that participated in the elections, the process of buying votes to obtain a

popular base supported the party by providing some assistance to them in order to get their votes

in the elections (and was relying mainly on this regard - especially the Muslim Brotherhood - on

women, the poor, and the ignorant in rural areas, in order to obtain their votes.

123

This explains the

contradiction between the low participation of women in politics despite the increase in the number

of women on the electoral scale. This process was practiced in public, but women or candidates

needed to have the ability to undertake any of the actions taken by these parties or businessmen

that were too expensive and at a very high cost. This process is mainly based on providing services

and support to the target group to obtain their votes; thus, this was one of the obstacles faced by

women. Patriarchal structures in Egypt, where men are traditionally seen as leaders, influence

political parties, including Islamic ones, to invest more in male candidates. Also, most of the parties

-especially the Islamic ones influenced by conservative interpretations of gender roles

might adhere to traditional views that position men as primary decision-makers. This affected their

electoral strategies and resource allocations.

B. Women’s Participation in Political Life in Tunisia

In Tunisia, unlike Egypt, women have been more active and visible in political life. They have

taken on everything from voting to campaigning for office, both in the parliament and in the

presidential race.

It is worth mentioning that Tunisian women enjoyed more rights than other women in the

neighboring countries. Moreover, they have played vital roles in the political arena. For instance,

Women’s Political Participation in Post-Revolution Egypt, First Edition, (2014).

they contributed significantly to removing Ben Ali’s regime, as well as drafting the new

constitution in the NCA (24 women, 12% of the seats) in which they proposed several rights for

women, including the right to equal pay for equal work, the right to inherit property, and the right

to hold office. Tunisian women represent around 50.5% of the whole population. Nevertheless,

they still suffer from discrimination and restrictions on their role in the decision-making process.

124

The substantial gap between women’s capacity for commitment, mobilization, and participation

and their presence in political entities during the transitional democratic period is noteworthy.

Women represented a low percentage ranging from approximately 7% to 10% during the initial

transitional period (February 2011 to December 2014), which did not constitute a remarkable

difference from the period after the revolution. However, after the second election term, the

government made some reforms to appoint several women in the Tunisian ministries, increasing

the women’s representation level to 19.5%.

Therefore, the government appointed five female ministerial positions: Mufida Tlatli in the first

and second Essebsi governments was Minister of Culture; Habiba Ezzahi Ben Ramadan, Minister

of Public Health; Fawzia Charfi, Secretary of State to the Minister of Higher Education; Lilia

Labidi, Minister of Women’s Affairs, and Meriem Maizouni, Secretary of State to the Minister of

Youth and Sports in charge of sports.

125

Earlier in 2012, Nidaa Tounes, the ruling party, represented only three women out of 11 members.

Although the party held the notion of equality and equal representation of women high, the party

did not women’s participation. However, one can say that there are no less than 15 women out of

Ikram Badreddine, Israeli Political Parties and the Identity Crisis, Master's Thesis, (Faculty of Economics and

Political Science, Cairo University, 2013).

Yousry El Ezbawy, From Gamal Abdel Nasser to Mohamed Morsy: Women in the Elected Councils, News Studies of

the Arab Center, available at: http://www.albawabhnews.com/23748.

34 members.

126

This number increased later, as in the 2014 elections, the Nidaa Tounes movement

- which won 85 seats in the parliamentary elections - occupied first place in terms of the number

of female representatives, with 35 female representatives, while the presence of female

representatives from the Ennahda Movement, which won second place (69 seats), was 28 women.

As for the Free Patriotic Union Party (liberal) and the Popular Front Coalition (leftist) - which

came in third and fourth place, respectively, in the legislative elections - female deputies each

obtained two seats.

127

While forming the assembly that drafted Tunisia’s new constitution, a remarkable number of

women deputies joined in forming the new constitution. It was represented, such as Meherziya

Laâbidi, a leading member of the Al-Nahda party. Furthermore, Farida Laabidi, who is a member

of the Al-Nahda party, was the president of a constituent committee that oversaw addressing most

essential issues related to women’s rights, including the right to equal pay for equal work, the right

to inherit property, and the right to hold office.

128

Women participating in the NCA had different professional backgrounds and educational levels,

which led to the non-homogenous nature of the affiliations in the NCA. In addition, they aged

from 23 to 70, leading to inconsistency in the NCA.

129

Women outside the NCA, especially the

various members of women’s organizations who were mobilized during this process, faced almost

the same difficulties as their parliamentary counterparts in creating homogenous groups of

different ideological backgrounds and dealing with social stereotypes. However, the civil society

National Democratic Institute for International Affairs (NDI), Final Report on the 2014 Legislative and Presidential

Elections in Tunisia, (2014), available at:

https://www.ndi.org/files/Tunisia%20Election%20Report%202014_EN_SOFT%20(1).pdf.

fi tūnis. alnisā’ yasīṭirn ‘alā 31% min maqā‘id albarlaman, Aljazeera, (2014, November 2), available at:

https://www.aljazeera.net/news/2014/11/2/%D9%81%D9%8A-

%D8%AA%D9%88%D9%86%D8%B3%D8%A7%D9%84%D9%86%D8%B3%D8%A7%D8%A1-

%D9%8A%D8%B3%D9%8A%D8%B7%D8%B1%D9%86-%D8%B9%D9%84%D9%89-31-

%D9%85%D9%86%D9%85%D9%82%D8%A7%D8%B9%D8%AF.

Nedra Cherif, 22.

Nehal Ben Amar, 29.

actors brought an additional feminine voice to the process and contributed to drawing greater

attention to women’s issues.

130

The Ennahdha Party proposed the text of Article 28: “The state guarantees the protection of

women’s rights and supports their gains as a partner with men in building the nation, and their

roles are truly complementary within the family.” The women in the committee objected to

describing women as complementary to men instead of equal to them, and they succeeded in

mobilizing local and international public opinion against the party, which changed this article so

that “equality” between men and women was stated. So, the outcome of women’s participation

was to defend women’s rights and status and to mobilize the local and international community to

support them.

The Vice Presidency posts in 2011 were not clear of women, as there was Faouzia Ben Fodha, one

the representatives and a member of the free Patriotic Union, appointment of women to ministerial

positions during the tenures of Prime Ministers Mohamed Ghannouchi (January 17, 2011, to

February 27, 2011), Mohamed Al-Baji Qaid Essebsi’s first government (February 27, 2011, to

December 13, 2011). His second government (December 13, 2011, to December 24, 2011), as well

as during the premierships of Mohamed Al-Jebali (December 24, 2011, to March 13, 2013) and

Mehdi Jomaa (January 27, 2014, to February 6, 2015), only two ministerial portfolios were

allocated to women. In contrast, the government led by Ali Larayedh (March 13, 2013, to January

9, 2014) designated only one ministry for women, covering various ministerial portfolios such as

women, culture, health, environment, trade, traditional industries, and tourism.

Regarding the State Secretary positions, a State Secretary for Housing was appointed in the Jebali

government, while in the Larayedh government, a State Secretary for African and Arab Affairs

was added, which was later revised with the Jomaa government to a single State Secretary

responsible for Women and Family Affairs. This restructuring resulted from the Ministry of

Women and Family merger with the Ministry of Youth during that period.

Nedra Cherif, 28.

Following the formation of the government that succeeded in the 2014 elections, there was an

improvement in women’s representation, rising to 19.5%. Three women assumed ministerial roles

overseeing culture, tourism, and women’s affairs. Additionally, five State Secretary positions were

appointed: a State Secretary to the Minister of Foreign Affairs, a State Secretary to the Minister

for Development and International Cooperation, a State Secretary to the Minister of Foreign

Affairs responsible for international cooperation, a State Secretary to the Minister of Agriculture,

and finally, a State Secretary responsible for Martyrs, Wounded, and the Revolution.

131

Despite these improvements, the fundamental reform of the concept of parity has yet to be done

like its original meaning. As for the presidential elections in late 2014, they created an opportunity

for women to participate as candidates for the first time in Tunisia because there was no such

obstacle in the new constitution. Five women ran for the presidency; however, only one of them -

judge Kalthum Kennou – managed to participate in the actual presidential race, while the other

four did not meet the elections’ requirements. Nevertheless, Kalthum did not get a high score, as

she scored only 18,287 votes out of four million.

132

She finished 11th out of a group of 27

candidates. Some researchers explained that it happened due to the lack of support, even from

women themselves; Kalthum was let down by women who did not prevail in their cause and

preferred to vote for men. Thus, the administration’s opportunity to reach the highest level of the

state was lost.

133

The Tunisian government opted for the single candidate list in the legislative elections, raising

many concerns. Women’s representation was weakened as the elections followed the proportional

representation method, and almost all the parties put the top positions for male candidates.

However, after the parity in the first electoral code, women’s representation doubled, from 6

Nehal Ben Amar, 20.

Nehal Ben Amar, 23.

Tunis, Mubadarat al-Islah al-Arabi, (2018), available at: https://rb.gy/igwh9.

percent in 2011 to 12.5 percent in 2014. The representational percentage has improved because of

the over-representation of the two big parties, Nidaa Tounes and Ennahdha, who gained 33% and

27% of seats for women, respectively, as each acquired 60 seats. By comparing this percentage to

the percentage under the previous regime, it is noticed that women’s representational share has

increased.

134

The 2011 elections ultimately resulted in forming a National Constituent Assembly consisting of

217 deputies, of whom 65 were women, accounting for 29.95%. However, no woman presided

over any parliamentary group. Among the 16 parliamentary committees, comprising a total of 101

deputies, only 28 were women.

In 2014, the representation of women in the Chamber of Deputies reached approximately 31% of

the total 217 deputies. The Nidaa Tounes party, securing 85 seats in the parliamentary elections,

claimed the top position regarding the number of female deputies, with 35 women. Meanwhile,

the Ennahda party obtained 96 seats, including 28 women. The Free Patriotic Union and the

Popular Front coalition had female deputies, each securing a seat.

It is noteworthy that since the election of the National Constituent Assembly in 2011, the second

deputy president of the assembly has been held by a woman, specifically Mehrezia Labidi (from

the Ennahda party). This precedent continued with the 2014 elections for the Chamber of Deputies,

where Fawzia Ben Fadha (from the Free Patriotic Union) assumed the same position.

135

After the revolution, more than 170 political parties registered; some included many female

representations, while others gave no weight to that. Although Al-Nahda’s rulers did not mention

the exact number of women representations, they implemented a new policy known as the

“femalemale alternation system.” Out of 59 elected women in NCA, 42 elected women belonged

to the Al-Nahda party. The other parties needed to catch up for many reasons; the first was Al-

Nahda’s desire to gain the support of secularists and popular support for them. Therefore, they

Id., 27.

Id., 31.

tried to be more open and abandon their conservative principles, especially those related to women,

which

caused sharp criticism of the party, which its opponents exploited by launching campaigns against

it. Also, some parties may have traditional, male-dominated structures that make it challenging for

women to ascend to leadership roles or secure prominent positions on party lists.

Majilis Al-Shura consisted of 150 members; 100 members were elected, and from the remaining

50, women were selected by the executive branch. In 2012, the political bureau, comprising 15

members, included only two women.

136

This stark imbalance reflected a broader challenge in

achieving equitable gender representation at decision-making levels. Despite their overall

agreement that women’s rights should be maintained, having deputies with different backgrounds

and political affiliations influenced their decisions, and sometimes that made them go for different

interests.

137

Because the electoral law of 2011 stipulated vertical parity and did not stipulate

horizontal parity, which made many parties not place women at the head of their electoral lists,

which weakened their chance of winning additional seats. The parties claimed they did not have

female cadres to nominate her at the top of their lists.

That means there was no real will on the part of political parties and political decision-makers to

enable women to rise to political positions that have decision-making power, and women are often

excluded from some activities or not informed about them.

Concerning women’s participation in the political process, in 2014, 107,798 citizens joined the

electoral process. They were members of the electoral staff, candidates for elections, political

representatives, civil society observers, journalists, and various assistants. Among all these people,

there were nearly 41,402 women, representing 38.4 percent. During the voting day, were 23,636

observers delegated by political parties, including 6012 women representing almost 25.4 percent.

Drude Dahlerup, “Women in Arab Parliaments: Can Gender Quotas Contribute to Democratization?”, AL-Raida,

(2011), 32.

Nedra Cherif, 34.

Finally, more women than men registered in the elections, reaching 373,061 women compared to

371,726 men. Female deputies were 31% of the total 217 deputies.

Respecting the parity concept, the Higher Instance Supervising Elections (ISIE) appointed 1,592

women and 1,590 men, even though women were discriminated against in higher office positions.

The ISIE itself needs to reflect full parity as only 13 of the 90 regional committees included

women, with only five out of the 27 regional coordinators and nine out of 27 heads of

administrative and financial services being women.

C. The Electoral System in Egypt

In the complex landscape of Egyptian politics, the mechanisms shaping the electoral process have

evolved over time, reflecting broader social and political transformations. The framework that

governs women's participation in Egypt's political scene consists of a unique blend of party list

constituencies and individual district contests. This dual structure has been further shaped by a

quota system aimed at enhancing women's representation in Parliament—a measure that has

sparked debate over its effectiveness and the cultural readiness for women in leadership roles.

Despite these efforts, the full potential of female political empowerment has yet to be realized,

underscoring the need for not only legislative reforms but also societal shifts to embrace women's

contributions in governance fully.

The study briefly viewed the laws and constitutions concerning women’s rights and political

participation. Then, the actual results of such efforts on the ground and the low levels of

participation in the Parliament, parties, and different governments. Accordingly, it is essential to

study the electoral system and its effect on women in Egypt.

The Egyptian electoral system comprises 46 party electoral constituencies and 83 single-district

constituencies. Party constituencies gain two-thirds of the elected seats, while single district

constituencies gain the remaining third. The Proportional Representation (PR) system applies to

the 46 party electoral constituencies.

138

In 1979, 1984, 2010, and 2015, the Egyptian regime introduced the quota system for women’s

representation in the Parliament. The quota system determines that at least one woman should be

on the party lists. In Nasser’s era, with the inspiration of Arab socialism, the Parliament was

divided between 50% (Of the workers and the peasants, which opened the door for different social

classes and community representatives to have a seat in the Parliament during that period.

However, after the 25th of January revolution, there were some changes, with significant criticism

of the domination of one big party. “The National Democratic Party (NDP)” on most of the

parliament seats, which closed the door in front of the minor parties to participate and gain seats.

139

Despite opposing the National Democratic Party (NDP), the minor parties feared entering the

elections because of the long-experienced parties like the Muslim Brotherhood and the Wafd. The

Supreme Council of Army Forces (SCAF) announced a series of draft laws, which modified the

electoral system many times and were criticized by the political parties between 2011 and 2015.

140

However, it was necessary at that time to know the basis of the Egyptian electoral system.

According to the Egyptian constitution, the electoral system determined the least number of seats

in Parliament, which is 555 through the direct public ballot, with 120 members from the party lists’

elections and 435 members from the individual elections. The total number of seats rose to 583,

considering the selected parliamentarians appointed by the president, which are 28 members. The

new electoral system is unique as it mixes two separate majoritarian electoral components; the first

Abdel Monem Said Aly & Sobhy Essaila, Egypt’s 2015 Parliamentary Elections: A Prelude to Stability?, Crown

Centre for Middle East Studies, No. 98 (2016), http://www.brandeis.edu/crown/publications/meb/MEB98.pdf.

Erle, J., Wichmann, J. M., & Kjærum, A., Report on Egypt Electoral Constituencies: Socioeconomic classification of

Egypt’s party electoral constituencies, The Danish Egyptian Dialogue Institute, 7 (n.d.),

http://voluntasadvisory.com/wp-content/uploads/2015/12/The-Future-of-Egypts-Democracy-The-Voice-of-

theEgyptian-Voter-4.pdf.

Erle et. al, 7.

is through individual candidates running for seats, and the second is through electoral lists running

for seats. Political parties and independent individuals could be candidates under any system.

141

Individual candidates compete for 435 out of 555 seats in single and multimember districts, known

as the “Individual System.” According to the individual system, the country is divided into 205

districts. Candidates should gain an absolute majority (50 percent+1 of the total eligible and valid

votes of the registered voters) to be elected. The electoral lists will be applied to the other 120 seats

in four multimember districts, known as the “absolute closed list system” in Egypt. Egypt is divided

into four districts; two districts have 15 seats (East and West Delta districts), and the other two,

each has 45 seats (Cairo and Upper Egypt districts). The district’s seats should be listed, and the

winning list should gain the majority.

142

The quota system still applies to Egyptian women, as in

the electoral list system; the 15 candidates’ list has to include at least seven women, and the 45

candidates’ list must include at least 21 women.

143

The quota system in Egypt is needed to address the systemic barriers that prevent women from

participating in politics. These barriers include stereotypes since women are often stereotyped as

being less competent than men in politics. Women often need more access to financial resources

and social networks than men. Also, Political parties need to provide more support to female

candidates. So, there is a need to impose a quota system so that women can be represented in the

Parliament.

In addition, we can categorize the electoral system types into four main categories, which are

majoritarian electoral system, proportional representation system, semi-proportional

representation system, and mixed representation system.157

Erle et. al, 7-8.

International Foundation for Electoral Systems, Elections in Egypt 2015: House of Representatives Elections

Frequently Asked Questions (2015),

http://www.ifes.org/sites/default/files/2015_ifes_egypt_hor_elections_faq_final.pdf.

Id, 2. 157

Id, 3.

In the presidential elections, the votes are directly given to the president, so in the parliamentary

elections, the votes are directly given to the candidates; there is no intermediate between voters

and candidates. In the parliamentary elections, the voters would have two votes: one will be given

to the individuals and another to the party list.

144

It is worth noting that the Egyptian Constitution does not explicitly prohibit women from running

for president. However, several factors make it difficult for women to be viable presidential

candidates, which include societal and cultural norms; the political landscape in Egypt is

characterized by male-dominated structures and institutions, making it challenging for women to

break into these circles. Also, elections in Egypt are influenced by various factors, including

political alliances, party structures, and candidate popularity. Because the political parties are not

actively promoting women candidates and many voters are not accustomed to seeing women in

high-profile political roles, it is difficult for women to gain widespread support. Also, female

candidates usually face unique challenges in campaigning, including gender-based stereotypes,

biased media coverage, and societal expectations.

At the 2011 parliamentary elections in Egypt, 498 allocated seats were to be elected through a

mixed electoral system that included both individual candidate seats and party-list seats, 5% (Five

Percent) of which are to be chosen by the president. The parties and individuals on both sides were

permitted to run for elections. Several circumstances led to the election of only 2% (Two Percent)

of women. The circumstances behind such a meager percentage were noted as a consequence of

the exclusion of the quota system, electoral bullying, the phenomenon of buying votes, and other

social and economic challenges women face, as discussed in the following sections.

145

In 2014, the parliamentary elections had 444 seats by the individual system and 124 by the closed

lists. It is also worth mentioning that a modification to Article 4 of the parliament law stated that

Norris, Pippa. "Choosing Electoral Systems: Proportional, Majoritarian and Mixed Systems." International Political

Science Review 18, no. 3 (1997): 297-312.

Opt., 30.

“we cannot eliminate women from the parliament under any condition, except for changing her

party membership.” The article was canceled for more equality between men and women.

146

In the

2014 election, the percentage of women reached 14.9% (Fourteen Point Nine Percent).

147

Based on what has been stated, it cannot be stated that women’s empowerment was effectively

implemented in Egypt or that the laws and articles of the constitution were activated to achieve

equality. It is noticed that the quota system is a discriminatory system against Egyptian women, as

it determines a specific percentage of women’s representation in Parliament.

This is because of several reasons. First, the quota system needed to be strongly enforced. Political

parties were not required to nominate a certain number of women candidates, and there were no

penalties for parties that did not meet the quota. Second, finding qualified female candidates to run

for office took much work. This is because women are often underrepresented in leadership

positions in society. Also, female candidates faced discrimination from their male constituents,

making it difficult to win elections.

Besides that, the Egyptian cultural acceptance of women’s taking over important official positions

is still traditional, as they need to see the crucial role that women could play in political leadership.

This cultural acceptance also contributed to narrowing the space in front of women to be in high

positions in Egypt.

The law could have done more to ensure the quota system was effective. For example, the law

could have required political parties to nominate a certain number of women candidates, and the

law could have imposed penalties on parties that did not meet the quota. The law could also have

provided more support to female candidates, such as training and resources. It is essential to

address the root causes of gender inequality in politics. This includes addressing social norms,

Opt., 8.

“Al-Ahram Publishes the New Law of the Council of Representatives: 540 Members, 5% Appointed by the

President and 40 Seats for Youth and Christians”, Al-Ahram Newspaper, (2014, July 7).

media representation, stereotypes about female politicians, lack of support from political parties,

and violence and harassment against women in politics.

Consequently, many factors do not contribute to equality between men and women in Egypt. An

attempt to support this equality in a governmental institution and progressively widen this idea

may encourage the change in Egyptian cultural acceptance towards women. However, this needs

a decisive political leadership that pushes women to high positions and believes in their capabilities

in running Egypt. Nevertheless, there is a massive gap in public office, in Parliament, government,

and social culture.

D. The Electoral System in Tunisia

It is essential to study the framework of the electoral system in Tunisia in order to discover how it

operates and whether or not it opens the door for more democracy. The January 2014 constitution

governs the Tunisian electoral system, where the Independent High Authority for Elections (ISIE)

issued the electoral laws and implemented the regulations in 2014. Indeed, the target of the

electoral system in Tunisia is translating the will of the Tunisians into a representative government

and Parliament. Thus, the Tunisian electoral system respects the unrestricted right to vote with

secrecy and the fair representation of all citizens.

148

Although the Tunisian constitution protects the electoral system and electoral rights and grants

civil and political rights for every Tunisian citizen, the constitution prohibits military and security

personnel from voting according as per Article 6 of the electoral laws. ”Article 6 Not registered in

the voters’ register: - Persons sentenced to a supplementary penalty within the meaning of Chapter

Carter Center, "Preliminary Statement on Tunisia’s Presidential Election," The Carter Center (November 25, 2014),

1-2, available at:

https://www.jus.uio.no/smr/english/about/programmes/nordem/news/2014/documents/tunisiaprelim-112514.pdf,

Accessed on December 5, 2022.

5 of the Penal Code, which deprives them of exercising the right to vote until their rights are

restored, - Persons under interdiction, - Direct military personnel and civilians for the period of

their military duty and direct agents of the internal security forces within the meaning of Law No.

70 of 1982, dated August 6, 1982, relating to regulating the general fundamental law of the internal

security forces”.

149

This restriction is against the international standards. Moreover, the electoral system does not put

a mechanism for the citizens in prison health care facilities or detention centers to exercise their

right to vote, which is also against the Tunisian constitution and international commitments,

Stipulating political participation as a human political right.

150

“Article 54: Every Tunisian citizen

who has reached the age of eighteen full years is considered an elector according to the conditions

specified by the electoral law” and international commitments such as the International Covenant

on Civil and Political Rights, Article 25: ”Every citizen shall have the right and the opportunity,

without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a)

To take part in the conduct of public affairs, directly or through freely chosen representatives; (b)

To vote and to be elected at genuine periodic elections which shall be by universal and equal

suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the

electors”.

151

The civil society in Tunisia participated through joint recommendations to the National Constituent

Assembly “NCA” to be taken into consideration through the process of drafting the electoral laws.

The NCA should have put crucial modifications to the 2014 electoral system as it resembles the

2011 electoral system, such as keeping the proportional representation system for the legislative

Tunisian Election Law No. 55 for the year 2022, available at:

https://www.carthage.tn/sites/default/files/public/%D9%85%D8%B1%D8%B3%D9%88%D9%85%20%D8%B9%

D8%AF%D8%AF%2055%20%D9%84%D8%B3%D9%86%D8%A9%202022.pdf.

Id., 2.

Final Report on the 2014 Legislative and Presidential Elections in Tunisia, 21.

vote with elections in each of the 33 districts. Thereupon, it is necessary to examine the status of

Tunisian women relative to the electoral system.

152

During the National Constituent Assembly (NCA) elections 2011, many women ran as candidates

and participated in campaigns due to the gender parity process on political party candidate lists.

Women’s representation formed the Tunisian civil society after the revolution. Despite all that, the

gender parity at the NCA elections did not guarantee equal representation of elected women

because most political parties did not nominate women as heads of candidate lists. As a result,

women won 24 percent of NCA seats but comprised 50 percent of candidate.

153

This happened

because the electoral law of 2011 stipulated vertical parity and did not stipulate horizontal parity,

which made many parties not place women at the head of their electoral lists, which weakened

their chance of winning additional seats. The parties claimed they did not have female cadres to

nominate her at the top of their lists. That means there was no real will on the part of political

parties and political decision-makers to enable women to rise to political positions with

decisionmaking power, and women are often excluded from some activities or not informed about

them.

Members of the NCA agreed on maintaining the vertical gender parity on candidate lists in 2014.

The vertical parity system succeeded in including more women in the candidate lists, which

increased the opportunity for women’s representation. The composition of the candidate lists from

the political parties and individuals in 2014 was similar to that of the 2011 elections. Nevertheless,

the proportion of women who led the lists was higher in 2014 compared to 2011. For instance, the

highest party that gained 38 percent of its lists led by women was The Union for Tunisia (UPT),

while the other ten parties that submitted the candidate lists, only 17 percent of their lists were led

by women.

154

Gest, K., "Gender Assessment of Tunisia’s National Constituent Assembly," The National Democratic Institute

(2014), 5.

Final Report on the 2014 Legislative and Presidential Elections in Tunisia, 58.

The Carter Center, "Women’s Participation in the 2019 Elections in Tunisia," (October 30, 2020),

https://www.cartercenter.org/resources/pdfs/news/peace_publications/democracy/tunisia-gender-rpt-103020.pdf.

This time, it was not due to the election law but for other reasons. In 2011, the political parties in

Tunisia were not yet ready to make significant changes to their candidate lists. The 2011 elections

were the first after the Tunisian Revolution, and the political landscape was still in flux. The parties

may have felt that it was essential to maintain a certain level of continuity in their candidate lists

to avoid alienating their supporters.

Some political parties needed help finding female candidates willing and able to run for office.

Tunisia has a relatively low rate of female political participation, and there may have been a need

for more female candidates who were qualified and experienced enough to run for office. The

political parties were influenced by the fact that the 2011 elections were won by a party with many

male candidates on its candidate lists. The parties may have felt that they needed to present similar

candidate lists in order to have a chance of winning the 2014 elections. Women’s rights groups

pressured some to nominate more female candidates.

It is without doubt that this is considered a remarkable improvement for an Arab country such as

Tunisia; however, there were some difficulties. While some political parties showed their

agreement on adding women to their lists, other parties faced difficulties, especially in the rural

districts. For example, women did not lead 31 lists of specific rural districts in Tunisia. On the

other hand, districts such as Tunis and the coastal ones witnessed high representation of women.

Hence, this issue reflects a cultural aspect as women in these rural districts struggle to balance

family roles and their political engagement. According to a report by the Carter Center, women in

Tunisia continue to face significant political, societal, and economic barriers to achieving gender

equality in politics, elections, and elected office. In rural areas, women face additional challenges

due to traditional gender roles and social norms that limit their mobility and participation in public

life.

155

Id., 59.

Consequently, women became hesitant to join the leadership of the candidate lists because of what

they faced from insult and harassment in 2011.

156

According to a report by the Heinrich Böll

Stiftung, women seeking a role in Tunisia’s political life have faced physical, sexual, or

psychological harm based on their gender and meted out in a way that reinforces men’s control

over politics. This violence has adverse effects not only on the general well-being of women by

preventing them from fully participating in professional, economic, social, and political spheres

but also on their societies that are deprived of their broader contributions.

157

Women near the top

of the political hierarchy in Tunisia, such as female members of the elected Assembly of the

Representatives of the People, have experienced an increasing incidence of explicit violence,

whether in recorded plenary sessions or within their parliamentary commission meetings.

Tunisian women had different motivations behind running for elections, ranging from being an

active model in the revolution to getting disappointed by being marginalized. Some female

candidates mentioned that they suffered from marginalization in their political parties, as they were

not treated equally to men because they did not participate in the parties’ meetings. In addition,

male party members hesitated to support women to become heads of candidate lists. Moreover,

women felt they gained less media coverage compared to men. It was found that media coverage

was absent for women candidates during the 2011 elections.

158

The study also found that female

candidates were more likely to be portrayed negatively in the media. A similar study found that

female candidates received only 22% of the media coverage during the 2014 elections. The study

also found that female candidates were more likely to be portrayed negatively in the media. There

are several reasons why female candidates may receive less media coverage than men. One reason

is that men often dominate the media. This means that male candidates are more likely to have

access to journalists and producers. Another reason is that the media is often biased against women.

Belhaj, Besma Soudani. "Outlawing gender-based political violence: Can Tunisia’s example carve a multilateral path

for others?" Heinrich Böll Stiftung, (2021) Available at: https://rb.gy/gis9s.

"The Role of Women in Tunisian Politics." Wilson Center, (2014).

Available at: https://www.wilsoncenter.org/article/the-role-women-tunisian-politics.

Id., 59.

This means that female candidates are more likely to be portrayed negatively in the media. As a

result, this creates gender inequality between men and women in Tunisia. Hence, the cultural

aspect influences gender equality in general and women’s representation in Tunisia in particular.

159

Having these data proves that the Tunisian women were highly aware of their rights and role in

building a new future shared in political life after removing Ben Ali’s regime. Moreover, there was

progress in women’s engagement in Tunisia, as they participated reasonably well in the 2014

elections, compared to 2011, as they won 35 seats out of 85 seats for the Nidaa Tounes movement

and 28 seats out of 69 seats for the Ennahdha Party and two seats for the Free Patriotic Union Party

(liberal) and the Popular Front Coalition (leftist). They participated in the technical process,

indicating they wanted to confirm themselves well on the political ground. Indeed, there were

obstacles in front of them towards that.

E. Economic, Social, and Cultural Factors

The interplay of economic factors, social dynamics, and cultural norms plays a pivotal role in

shaping political participation in Egypt. Despite legal frameworks intended to facilitate greater

inclusion, the actual engagement of women in political life is often hindered by practical realities.

Financial hardships, societal expectations, and entrenched cultural views on gender roles have

created barriers that limit women's active participation in politics. Such impediments are not only

rooted in economic struggles but also in the broader societal perception of women's roles and

capabilities. As this study delves deeper into the Egyptian context, it becomes increasingly

apparent that fostering an environment conducive to women's political participation requires a

multifaceted approach, one that addresses not just the legal and political structures, but also the

underlying social fabric that shapes public life and individual potential. As we embark on a deeper

exploration of the Egyptian narrative, we will see how true political inclusivity for women may

require change on the entire societal ensemble, and the legal backdrop.

Kersten Knipp, “Tunisia: Women celebrate their rights”, Deutsche Welle, (July 27, 2017), http://p.dw.com/p/2hH3E,

Accessed on February 25, 2023.

1. Economic, Social, and Cultural Factors in Egypt

It is evident that economic and social conditions significantly impact the effectiveness of political

participation. For example, it is not conceivable that a poor citizen who permanently or would

mostly try to search without thinking about their basic needs may think about political

participation. It is common knowledge that political participation requires time, effort, and

resources. Hence, it is expected to impact the economic situation of women’s general political

participation and participation in the Parliament.

Deteriorating economic conditions lead to the reluctance of women to run for elections, focusing

on the search for income instead. According to a report by UN Women, women’s participation in

politics is often hindered by a lack of financial resources, making it difficult for them to campaign

and compete with male candidates.

160

A survey conducted by the Women in Parliament Global

Forum and the Gender and Development Unit of the World Bank verified this result.

161

Women

are also more likely to face economic barriers such as lower wages, higher unemployment rates,

and limited access to credit and other financial resources.

162

We can understand why some

individuals in the lower classes may have come close to supporting certain parties that would offer

financial support and in-kinds to obtain their votes. In addition, women are often expected to take

on more domestic responsibilities than men, making it difficult to balance their political aspirations

with their family obligations. This can be particularly challenging for women who are already

facing economic barriers.

163

Noura Ali & Nour Fakhry, “Details of the Amendments of the Electoral Laws After the Approval of the Government:

444 Individual List Seats, 202 Election Areas, and Dual Nationality Holders Can Run for Parliamentary

Elections,” Al-Youm 7. Available at: http://www.youm7.com/story/2015/4/16/- ليصافت-تلايدعت-نيناوق-تاباختنلاا-د عب-ةقفاوم

2143426/ ةموكحلا- اهيلع-ددع-دعاقملا . Accessed on October 19, 2022.

Opt., 23.

"Elections," UN Women. Available at: https://www.unwomen.org/en/what-we-do/leadership-and-

politicalparticipation/elections.

Women Political Leaders, 2014. Available at: https://www.womenpoliticalleaders.org/barriers-womensparticipation-

politics-wipworld-bank-survey/.

Several factors contribute to this pattern; the first is economic vulnerability, as individuals facing

economic hardship sometimes prioritize immediate economic relief over other political

considerations. Parties -such as the Freedom and Justice party- offering tangible benefits appeal to

the urgent needs of those struggling to make ends meet. The second factor is limited access to

resources, as lower-income individuals often need access to essential resources, such as education,

healthcare, and employment opportunities. Parties offering financial assistance are perceived as

addressing immediate needs that need to be met by other institutions. We can add to these factors

“limited political education” since individuals with limited political education may prioritize

immediate benefits without considering the broader implications of their political choices. This

lack of political literacy can contribute to the preference for parties offering short-term gains.

Many women have pointed out this: The economic situation is one of the main reasons women are

not allowed to run in the elections because they will not be able to pay the high costs that the

publicity needs. This is evidenced by the fact that several women who participated in the previous

elections preferred not to run again because of the high costs of electoral propaganda and their low

economic conditions.

164

From the social point of view, it is the control of traditional customs that diminish the status of

women, that women cannot participate in political life, and that their best option is to become a

housewife. This is in addition to the lack of support given to women to participate in political life.

This support can be done in several ways. One of the most effective ways is to promote gender

equality through policies that ensure equal access to education, employment, and financial

resources. This can help address the economic barriers that prevent women from participating in

politics.

Policies promoting work-life balance, such as paid parental leave and flexible work arrangements,

can help women balance their political aspirations and family obligations. Training and

Anne-Marie Slaughter & Francesca Binda, “How do we get more women in politics?,” World Economic Forum,

(September 28, 2018), available at: https://www.weforum.org/agenda/2018/09/closing-the-political-gender-gap/.

capacitybuilding programs can also help women develop the skills and knowledge needed to

participate in

politics. These programs can include leadership training, public speaking courses, and mentorship

opportunities.

Other opinions point to that cultural and social obstacles impede the representation of women in

Parliament as women’s views of themselves and their role in society, in addition to feelings of

fanaticism against women’s political role, the consecration of fanaticism, the significant role of

family elders, women’s preoccupation with family, and other situations that hinder their political

participation.

165

Hence, the importance of raising awareness on the importance of women’s political participation,

whether for women themselves because they lack the confidence about their potential and personal

capacity to run for elections or those individuals who are unfortunately reducing and minimizing

the role of women due to some inherited customs and traditions.

Hence, economic conditions come as a hindering factor that prevents women from entering

Parliament. During the period of the 2010 elections, there was a deterioration in economic

conditions in general and widespread poverty and unemployment, and this in itself has a significant

impact on women because it is familiar, as mentioned in the 2005 elections, that the relationship

between these economic circumstances to nominate women, is that the process of candidacy of

women need propaganda. This propaganda needs more expensive costs, which exceed in

sometimes the ceiling set by the Supreme Committee for election and costs estimated by women

in light of economic conditions deteriorating, in addition to the societal perspective on women,

which is still held by the direction of women, which carry a negative view of the role of women in

political life in general. Thus, political culture did not encourage the nomination or election of

women to be represented in Parliament in Egypt.

"We must dismantle barriers to women’s political participation. Here is why," UNDP, (2023), available at:

https://www.undp.org/blog/we-must-dismantle-barriers-womens-political-participation-heres-why.

The journey of women in Egyptian politics is one that treads through the deep-rooted beliefs of a

patriarchal society, confronting stereotypes and cultural barriers that historically have relegated

them to the margins of the public sphere. This landscape is a testament to the enduring struggle for

gender equality in leadership roles, particularly within the political arena. As we delve into the

societal perceptions that shape this narrative, we uncover the complex interplay of charisma,

competence, and policy expertise—qualities traditionally ascribed to men but inherently possessed

by women leaders as well. It is within this context that we explore the various dimensions of

women's political participation in Egypt .

This challenge can be addressed by the political education of girls at schools, empowering them at

a young age to grow up with the required skills and qualities as men. The government and civil

society organizations have a role in achieving that through training programs and awareness

campaigns.

The limited historical presence of women in visible political roles further exacerbates this issue.

With a robust representation of female leaders in the past, it becomes easier to challenge societal

norms and inspire future generations. The absence of female role models in politics contributes to

a cycle of limited representation, making it difficult for young women to envision themselves in

political roles. Conservative values, often rooted in cultural and religious beliefs, also contribute

to resistance against changing traditional gender roles. A political culture shaped by these values

may resist the idea of women actively participating in public and political life. Efforts to challenge

these norms face obstacles rooted in deeply ingrained cultural conservatism.

Moreover, a lack of exposure to successful women leaders in political discourse and media

reinforces existing biases. Political culture tends to resist changes that challenge traditional

perspectives on women’s roles. Efforts to reshape cultural attitudes must include educational

reforms, media campaigns promoting positive portrayals of women in leadership, and policies

actively promoting gender equality in political representation.

Administrative interventions are a key factor that negatively affect women’s candidacy. Many

women get distorted on their will under the bureaucratic electorate process along with the weak

political forces in the country because of the long-standing authoritarian regime, dominance of

single parties, suppression of opposition, and civil society restrictions.

166

Women are more likely

to be subjected to bureaucratic hurdles. For example, women may be required to submit more

paperwork or meet more stringent requirements than men to register as candidates or run for office.

This can be a barrier for women who need access to the same resources as men. Women also may

be discouraged from running for office by election officials who are biased against them. For

example, election officials may give women less time to campaign or refuse access to specific

resources.

The electoral system used in the 2010 elections was the individual electoral system as it was in the

2005 elections. It is known that this system led to the exclusion of many parties, which eventually

caused hindrances for some women who needed to be allowed to reach or win a seat in

Parliament.

167

This system is a winner-takes-all approach where candidates with the most votes in

each district win a seat. While this system has certain advantages, such as simplicity, it favors more

prominent and established parties, often excluding smaller parties and independents. At that time,

only the national democratic party could take most of the seats in Parliament; other parties could

not compete.

2. Economic, Social, and Cultural Factors in Tunisia

On the point of cultural acceptance, as it is seen that there is a difference in the culture between

Tunisians who live in the capital and coastal districts and those who live in the rural districts. As

this difference contributed to the existing, more women led the candidate lists from the more

modernized districts than rural ones. The second point is how men look at women in their political

engagement. Some men marginalize the political role of women as they are not capable of sharing

in leading the country forward, and this is in the men’s cultures, which have to be changed through

Basset Mohamed Ali Moussa, “Women Representation at the Egyptian Parliament”, MA, (Cairo: Faculty of

Economics and Political Science, 2010).

Heba Mohamed Fouad, “Democratic Development, and its Impact on Political Participation in Egypt under President

Mubarak,” Master Thesis, (Faculty of Economics and Political Science, Cairo University 2006), p. 251.

awareness and educational campaigns, leadership training programs, fair representation of women

in the media, and have to believe that women could lead the political system or at least cooperate

mainly the decision-making process which will have a good impact on the country whole

politically, economically and socially.

Beyond contributing to economic development and social cohesion, women leaders often prioritize

education, health, and social justice, resulting in more equitable policies. Their roles as advocates

for peace and conflict resolution and their emphasis on sound governance principles contribute to

long-term societal benefits. Moreover, women leaders serve as important role models, inspiring

future generations and challenging gender stereotypes. Embracing women’s leadership in politics

is not just a matter of gender equality but a strategic move that can lead to more inclusive,

sustainable, and resilient societies.

Tunisia is taking steady modernization steps and starting from the Tunisian Code of Personal Status

(CPS), a series of laws led to a different approach to Islamic views. After Habib Bourguiba’s

independence in 1956, many policies were changed to follow the country’s modernization

endeavors. These policies include the Constitution of 2014, which guarantees equal rights for

women and men. It also establishes several mechanisms to protect women’s rights, including a

gender equality commission to support women’s empowerment and the law on the Elimination of

Violence Against Women.

Despite the ongoing legislation taking place, some of the numbers are not yet favorable as many

women suffer from violence. Moreover, 64% percent of four thousand surveyed women would

still seek permission from a male family member before leaving home. 76% percent reported

physical and psychological violence at home, and 70% percent faced insult at public transportation.

Poor education for women decreases their employment opportunities as well, which represents a

social condition causing violence against them. On the other hand, a conservative view has been

raised that such legislation will promote homosexuality and will destroy the family foundations.

Some men would also deny their wives rights. These views are not only because of religious views

but due to social pressures and conservative dogma.

168

These can be changed through: It is

implementing educational programs that challenge traditional gender roles and stereotypes from

an early age, strengthening the enforcement of existing laws against gender-based violence and

discrimination, and facilitating open and respectful dialogues within communities to challenge

harmful norms and stereotypes. Also, the government could engage religious and community

leaders in conversations about gender equality, emphasizing that progressive legislation does not

undermine cultural or religious values but promotes justice and respect for all.

In the experiences of women's political participation in Egypt and Tunisia, one discerns a

commonality in their commitment to international standards and a divergent trajectory in the

realization of these ideals. Egypt's patchwork of gender rights, woven through intermittent quotas

and legislative efforts, reveals a pattern of fluctuating political will and deep-seated cultural inertia.

Conversely, Tunisia's post-revolutionary landscape reflects a more robust and consistent fabric of

reform, with legal strides and societal debates carving out a more prominent space for women in

the political domain. As this discourse culminates, we are left to consider the delicate interplay of

economic, social, and cultural factors that contour the landscape of political participation. The

concluding section of this examination will pivot to a reflective juxtaposition, juxtaposing the

theoretical frameworks of empowerment with the granular realities of Egyptian and Tunisian

women's lived experiences. It is within this nuanced expanse that the future chapters will tread,

seeking to distill lessons and forge pathways toward a more equitable political representation for

women within the vibrant tapestry of the Arab world.

VI. CONCLUSION

In conclusion, this research paper attempted to closely study the subject of the variation of women’s

representation in Egypt and Tunisia. It has applied the joint method of difference and agreement

to exhaustively examine the causes of this noticeable variation among the countries of the study.

Id., 186.

On the one hand, the study concludes that the journey of women’s political participation in Egypt

is marked by progress and persistent challenges. The Egyptian electoral system has evolved to

incorporate mechanisms like the quota system, reflecting a commitment to enhancing women’s

representation. However, the effectiveness of these measures is hindered by various obstacles,

including cultural norms, economic disparities, and administrative complexities.

The multifaceted factors contributing to the underrepresentation of women in politics, such as

stereotypes and limited resources, create a formidable barrier for women aspiring to political

office. Despite these challenges, there have been commendable efforts, notably by the National

Council for Women, to foster a more inclusive political landscape. Initiatives ranging from

legislative proposals to capacity-building programs underscore a commitment to dismantling

barriers and empowering women in politics.

Examining the legal landscape reveals a nuanced trajectory. While constitutional amendments have

shown a general trend towards inclusivity, the absence of a parliamentary quota in the 2014

constitution raises concerns about sustained progress. International agreements and regional

affiliations signal Egypt’s commitment to women’s rights on a global scale, yet tensions arise

concerning the alignment of these agreements with local legal frameworks.

The persistent challenges facing women in Egyptian politics, from gender stereotypes to violence

and harassment, demand a comprehensive and sustained response. Achieving true gender equality

requires legal and institutional changes and a transformation of societal attitudes and norms. It

necessitates collaborative efforts from government bodies, civil society, and international

stakeholders to address the root causes of gender inequality and create an environment conducive

to women’s active and meaningful participation in politics. Enhancing women’s political

representation in Egypt requires a holistic approach that addresses cultural, legal, and societal

dimensions. While there have been positive strides, the complex interplay of challenges

underscores the need for continued dedication and innovative strategies to pave the way for a more

equitable and inclusive political landscape in Egypt.

On the other hand, Tunisia’s journey since independence in 1956 reflects a commitment to

advancing women’s rights, manifested in constitutional reforms and legal changes. However,

despite these strides, the chapter reveals a stark reality: Women’s participation in Tunisian politics

remains below the desired levels, with the 2014 elections showcasing a notable gender gap. The

electoral system, while designed to be representative, introduces specific challenges for women,

particularly those in rural areas contending with entrenched gender roles. Restrictions on specific

groups, such as military and security personnel, further complicate the landscape. Challenges and

barriers to women candidates, including marginalization, lack of support, and violence, highlight

the complex web of societal attitudes and institutional hurdles that women must navigate.

Women’s political participation is underscored as essential for democratic governance and

development. The potential for more inclusive and equitable policies under female leadership is a

compelling argument for bolstering women’s representation. While Tunisia has made

commendable efforts, progress is uneven, and the chapter suggests a critical need for broader

societal acceptance of women in politics.

Examining Tunisia’s reforms, the government’s enlightened interpretations of Islam and initiatives

to protect women against violence signify positive steps. Women in Tunisia have played pivotal

roles in moments of significant political change, contributing to removing Ben Ali’s regime and

drafting a new constitution. The “female-male alternation system” implemented by the Ennahda

party represents a proactive effort to address gender disparities in political representation.

However, challenges persist. Discrimination and limited roles in decision-making processes

continue to hinder women’s progress. Despite increased representation in political entities, a

substantial gap between the potential for women’s participation and their actual presence still needs

to be seen. The variable appointment of women to ministerial positions across different

governments highlights the fragility of these gains.

Based on what is discussed in the study, women representation in Tunisia is relatively better than

in Egypt.

Firstly, the Tunisian constitution, enacted after the revolution in 2011, explicitly addresses

women’s rights and equality. It guarantees equal opportunities between men and women, strives

for equality in elected councils, and takes measures to eliminate violence against women. In

contrast, the Egyptian constitution, as mentioned in the extracts, does not provide explicit

protection against discrimination based on gender. This indicates that Tunisia has made more

progress in enshrining women’s rights in its constitution.

Secondly, Tunisia has implemented legal reforms to protect women’s rights. The country has

enacted laws to address violence against women, including criminalizing all forms of violence and

establishing a national mechanism to monitor and enforce women’s rights. Although there have

been initiatives and organizations advocating for women’s rights in Egypt, the implementation of

legal reforms and the protection of women’s rights have been criticized for needing more.

Thirdly, women’s participation in the political process in Tunisia has been relatively higher

compared to Egypt. Women in Tunisia have actively participated in elections as candidates and

voters. They have played vital roles in removing the authoritarian regime and drafting the new

constitution. The extracts mention the significant number of women deputies in the National

Constituent Assembly (NCA) and their contributions to addressing women’s rights issues. In

Egypt, women’s political participation has faced challenges, including low representation in

Parliament and difficulties in running for office due to financial constraints and lack of support

from political parties.

Finally, the cultural acceptance of women’s political engagement in Tunisia is more progressive

than Egypt’s. The extracts highlight the difference in cultural attitudes between Tunisians living in

the capital and coastal districts, who have shown more acceptance of women’s leadership, and

those living in rural districts, where traditional gender roles and social norms limit women’s

participation in public life. This cultural aspect and the need for awareness campaigns and

leadership training programs suggest that Tunisia has a more conducive environment for women’s

political participation.

VII. ANNEXES

Annex 1

This annex presents a statistical picture of the number of women and their percentage in the

legislative councils of the studied countries as per the “World Bank on Proportion of Seats Held

by Women in National Parliaments”.

Egypt

Year

Number of Seats

Number

Members

Female

Percentage

Notes

1957

250

0.8%

1960

250

0.4%

1964

360

1.3%

1971

360

1.1%

1976

360

0.8%

1979

360

8.8%

1984

392

7.6%

1987

458

6.5%

1990

454

1.5%

1995

454

1.9%

2000

454

2.4%

2005

454

2010

518

13%

Quota

2015

596

14.9%

Quota

Tunisia

Year

Number of Seats

Number of

Members

Female

Percentage

Notes

1959

5.5%

1964

1.1%

1969

101

2.9%

1974

112

2.6%

1979

121

1981

136

1986

125

1989

163

3.6%

1994

141

8.5%

1999

184

11%

2004

189

22%

Quota

2009

189

27.59%

2011

217

26.7%

2014

217

31.3%

Annex 2

This annex presents the World Economic Forum, Gender Gap Report Analysis, foe the years

20062017.

Year 2006 (Rank out of 115)

Country

Global

Gender

Gap Index

Political

Empowerment

Women in

Parliament

Women in

Ministerial

Positions

Years with

Female

Head of

State (Last

50 Years)

Egypt

109

111

109

Tunisia

Year 2016 (Rank out of 144)

Country

Global

Gender

Gap Index

Political

Empowerment

Women in

Parliament

Women in

Ministerial

Positions

Years with

Female

Head if

State (Last

50 Years)

Egypt

132

115

Tunisia

126

109

Year 2017 (Rank out of 144)

Country

Global

Gender

Gap Index

Political

Empowerment

Women in

Parliament

Women in

Ministerial

Positions

Years with

Female

Head if

State (Last

50 Years)

Egypt

134

119

107

104

Tunisia

117

Introduction The Representation of Women in The Political Landscapes

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