The human rights report reveals shocking data on “incidences of discrimination” in the Family Law

In the context of the ongoing advocacy to amend the Family Law, a human rights report presented by the “Israr Coalition for Empowerment and Equality” revealed a number of loopholes that perpetuate discrimination not only against women, but also men in Moroccan laws.

Although Morocco has made significant strides in promoting equality and prohibiting gender discrimination, the reforms achieved “are accompanied by the persistence of inequalities contained in many legislative requirements”; According to Anas Saadoun, a member of the Club of Moroccan Judges, who presented the report on Saturday during a seminar organized by the “Israr Alliance”.

Among the phenomena of discrimination that the report follows is Article 4 of the Family Law, which stipulates that the family is under the joint care of the spouses, “but this principle is not stated in the other requirements of the Code”, Saadoun added, adding that “not only women pay for this, but also men”.

The presenter stated the requirements related to the course of divorce and divorce, because the legislator demarcated the spouses in the procedures available for the termination of the marital union, since he made some procedures available to both spouses, such as divorce for division and divorce by mutual consent marriage. , and performed other procedures exclusively for the woman; “It’s as if the legislator imagines that these reasons cannot be given by men”, and he cited the example of divorce due to gossip, which is a measure available only to women, “noting that there are many cases of women who left the marriage.” went home and went into the unknown, and husbands started filing for divorce due to gossip, and despite this, the outcome will be non-acceptance, because the legislator did not regulate this right.”

Another type of discrimination implied by the requirements of the Family Law is manifested in the material obligations of both parties in the marriage union, because the woman spends on the family, but the legislator does not recognize her duty to spend, except in the case of hardship for the husband and wife’s family and the presence of children, while the woman is exempt from spending in the absence of children, noting that Article 4 talks about the family being under the care of the spouse.

Commenting on this, Saadoun said: “In the Family Law, there are still manifestations of inequality and discrimination that we all pay for, women and men, and by defending gender equality, everyone’s interests will be preserved”, adding that the introductory workshops for the reform of the Family Law “will be an occasion for harmonizing this law with the international obligations of our country.” In this field, and that the provisions of the Law are based on gender equality in rights and obligations.

In this regard, the same speaker added that “The Family Law also perpetuates discrimination against children and against women in the process of parentage and kinship, because it is enough for a man to admit that he is the father of a child resulting from a sexual relationship outside of marriage, without specifying the name of his of the mother, to be attributed to him, in When a woman suffers bitterly to have her child recognized, if the father refuses to recognize his lineage or register him in civil status; Because, even if she had resorted to seeking genetic expertise, she is required to prove the legitimacy of the relationship, which is not required of a man, and then the child’s lineage is allowed on the basis of the father’s confession, and it is not allowed to be attributed to his mother on the basis of genetic experience.

Another shocking finding of the Family Law is the provisions of Article 148, which states that an extramarital union does not produce the effects of a legal union. Saadoun explained that “this requirement means that children born out of wedlock do not benefit from the effects of legal kinship (lineage, alimony, sanctity of affinity…) to their parents”, considering that “this means the possibility of a girl marrying her father, or for a sister to marry her brother.” “.

In response to those who say that the distinction between legitimate and illegitimate kinship leads to the preservation of lineages, the spokesman said: “On the contrary, it leads to the mixing of lineages,” stressing the necessity of endorsing the principle of equality between all parties resulting from gender relations.

The report of the “Israr Coalition for Empowerment and Equality” indicates that the constitution has incorporated the principle of prohibition of all forms of discrimination, which is a trend contained in other regular and regulatory laws. However, it adds, “it notes the absence of a clear and comprehensive anti-discrimination law and weak implementation of the legal provisions that incriminate her, because the reports of the Presidency of the State Attorney’s Office do not mention the recording of any cases related to discrimination before the courts, and it is also noted that the occurrences of gender discrimination exist in a number of laws.

The report went on to consider “the family law ban on Moroccan Muslim women marrying a Christian or Jew, in exchange for being allowed to marry a Muslim, as discrimination on religious grounds as well as gender. “

In its report, the “Israr Coalition for Empowerment and Equality” recommended a review of “the discriminatory provisions of the Family Law, by deleting Article 148, which considers illegitimate kinship to be null and void for the father, considering genetic experience as a reason for the right to lineage, and considering the legal representation of common law between parents during the marriage relationship and after its termination, the removal of differences in religion as an obstacle to marriage or inheritance, and the consecration of the principle of equality between the sexes in inheritance.”

Maryam Zamouri, head of the Esrar Coalition for Empowerment and Equality, believes that “the experience of advocating before UN human rights bodies is of great importance to support the demands of the women’s and human rights movement in Morocco, and to mobilize and mobilize advocates in permanent missions to the United Nations.”