Moroccan Women’s Group Urges Overhaul of Family Code to Strengthen Rights

The ADFM is calling for an urgent harmonization of laws and public policies with the Constitution and international conventions in order to better guarantee women’s rights. "The family code requires a comprehensive overhaul in order to fill the gaps and correct the contradictions of certain provisions that only aggravate the social situation of the Moroccan woman and perpetuate social and family injustices," the association said in a statement published on the occasion of the 17th anniversary of the reform of the family code.

To read: Morocco Sees Surge in Underage Marriage Requests, Officials Urge Judicial Caution

The Association recalls the increase in recent years in the marriages of minors. According to data from the Ministry of Justice, 35,150 marriage contracts for minors were concluded in 2015, almost double (18,341) the contracts concluded in 2004. The ADFM also raises the issue of polygamy, a "scourge encouraged until 2019 by Article 16 of the Family Code, relating to the regularization of customary marriages". This text "has largely contributed to the increase in child marriages and polygamy. It was enough to organize a marriage by the "Fatiha" and to initiate the process of recognition of this union," it deplored.

To read: Moroccan Women’s Rights Group Pushes for Equitable Asset Division in Divorce Law

The sharing of assets in the event of divorce is another flaw to be corrected. "The non-obligation to attach to the marriage contract the annex defining the terms of the sharing of assets acquired during the marriage has plunged many women into extreme poverty despite their contribution to the constitution of the family patrimony and the time devoted to the maintenance and education of the children," the association notes, also highlighting the issue of child custody. "Legal guardianship over children is a blatant discrimination against women. The current text advocates equality in rights and responsibilities between men and women, but legal guardianship is granted solely to the father..." it denounces.

To read: Morocco Unveils First Annual Report on Domestic Violence: 5.3 Million Women Affected

For the ADFM, gender equality in and before the law is an essential condition for achieving sustainable development. This is why it is calling for "a comprehensive revision of the Family Code [...] in light of the constitutional advances and Morocco’s commitments to the international community in terms of the effectiveness of women’s rights".