The Moroccan Women’s Action Union is demanding “a radical review of the Moroccan Family Code,” 18 years since its reform, saying it is necessary to reconsider provisions of the law which is now deemed outdated by many activists in the country.
Members of the Executive Office of the aforementioned union organized a conference this Thursday, February 10 at the headquarters of the Lawyers Order of Rabat, to stress the need for reform.
The executive office called for “the need to take human rights into account while drafting the provisions of a new code, which should be based on equality and non-discrimination between men and women, in the full implementation of international conventions and treaties Morocco has ratified.”
Aicha Hayan, head of the commission, noted with “regret” that ten years have passed since Morocco adopted the 2011 constitution “without opening the door to changing laws related to women and banning gender discrimination in the judicial.”
The spokesperson referenced “family law, criminal law, and the law prohibiting and sanctioning violence against women” as legislation plagued with a number of critical loopholes.
The union listed a number of facets to the aforementioned codes that should be subject to reform, namely the abolition of polygamy, “as it contradicts the principles of equality and non-discrimination guaranteed by the constitution and international conventions.”
In addition, the group is requesting the review of “marital dissolution procedures,” which was Moudawana’s most controversial and successful addition back in 2001, finally giving women the right to file for divorce.
And yet, the reform seems outdated and not as progressive today as it did 18 years ago. In Morocco, divorces and annulments differ depending on the parting requesting the dissolution.
In the case of women requesting divorce, the family code deprives them of many rights and financial alimonies, compared to when men file for divorce. Activists have long highlighted these blatant discriminations, which they say “discourages women from filing for divorce despite living in extremely violent and toxic marriages.”
Divorced Moroccan women are also disadvantaged by the family code when it comes to child custody, as the mother “automatically loses custody of her children if she decides to remarry, whereas fathers’ marital status does not affect their custody over their children.”
The union also pointed out “the deprivation of Moroccan women from their rights to access wealth, especially real estate, due to the unequal and discriminatory nature of inheritance legislation.”
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