Activists: New criminal procedure law fails to protect Moroccan women from gender based violence

The Attahadi Association for Equality and Citizenship (ATEC) has condemned Draft Law No. 03.23 of the new criminal procedure law, arguing that the proposed legislation fails to adequately protect Moroccan women from gender-based violence.

In a press release, ATEC highlighted several deficiencies in the bill, which was recently approved by the Government Council. The association’s concerns center around what they described as “the absence of critical protections” and “support for violence survivors.”

A primary criticism from ATEC is the lack of a specialized police unit dedicated to handling cases of violence against women.

Bouchra Abdou, ATEC’s director, emphasized the need for such units to provide essential support to survivors. In an interview with Hespress EN, she argued that specialized officers trained in dealing with various forms of abuse—physical, sexual, or digital—would be crucial. Abdou also suggested that these units should include judges, social workers, and psychologists, drawing from international practices to better serve survivors.

Another significant concern is the lack of judicial assistance for survivors. Abdou pointed out that without access to affordable legal representation, many women may be deterred from pursuing justice. “As soon as a woman enters a courtroom, she should be assigned a lawyer. This support would make her feel more secure in initiating legal proceedings,” Abdou said.

ATEC also criticized the bill for not establishing a fund to support survivors who do not receive court-ordered compensation. According to Abdou, such a fund would be instrumental in covering medical and psychological expenses, aiding women in their recovery and helping them rebuild their lives.

The association further criticized the draft for not extending the statute of limitations for violence cases, overlooking the reality that victims often delay reporting due to trauma. This omission could lead to impunity for perpetrators.

Additionally, ATEC denounced the draft’s failure to ban mediation or conciliation in cases of sexual and physical violence. The association also noted the lack of provisions to prevent the use of mitigating circumstances in sexual assault cases, leaving women inadequately protected.

Abdou argued that these issues indicate that the law, despite recent amendments, still does not adequately safeguard women facing gender-based violence. Consequently, ATEC has rejected the draft bill and is calling for a gender-sensitive approach in the Penal Code that “strengthens women’s protection, alleviates their suffering, and allows them to contribute fully to society.”

According to the High Commission for Planning (HCP), 56.5% of Moroccan women have experienced some form of violence. Psychological violence is the most prevalent, affecting 52.1% of women, followed by legal violence (37.8%), economic violence (15.1%), sexual violence (14%), and physical violence (13.3%). Digital violence is also increasing, with 1.5 million Moroccan women reporting online abuse in 2023.

Abdou noted that while women are often seen as survivors of physical and sexual violence, they also face online violence, which can persist and resurface over time. To address this, ATEC launched the “Stop Digital Violence” app in 2020, enabling women to report online abuse. The association provides comprehensive support to victims, including psychological assistance, legal case management, and complaint filing.

ATEC is also involved in awareness campaigns aimed at eradicating all forms of violence against women. Abdou emphasized that protecting women requires a collective effort from various societal actors. “Without gender-sensitive laws, media awareness campaigns, and educational programs in schools, how will we ever protect our women?” she concluded.