Amna Bouayach, president of the National Human Rights Council, yesterday welcomed the call of King Mohammed VI, in his speech on the occasion of Throne Day, to review the Personal Status Code after 18 years of its implementation.
Bouayach said on his Twitter account: “I welcome the decision of His Majesty, the Commander of the Faithful, to review the Family Code. After 18 years of implementation, evaluation, campaigns and field work, this noble decision represents a new stage in the consolidation of equality between Moroccan women and men.
Yesterday, the King called for a review of the Family Code to overcome imbalances in some of its provisions, stressing the need for Moroccan women to fully participate in public life and improve their status.
In a speech he gave on the occasion of the 23rd anniversary of his ascension to the throne, the King considered that the Code was never intended to discriminate against women to the detriment of men, but was drawn up in order to allow Moroccan women to enjoy his full rights guaranteed by the Islamic religion and the Moroccan constitution, stressing that as “Commander of the Faithful, what God has forbidden will never be allowed, and what God has allowed will never be allowed, especially matters that are framed by Koranic texts definitive”.
Several human rights and institutional activists have called for the code to be changed, the latest being the Economic, Social and Environmental Council, which said that “it is time to review the family code, in accordance with the requirements of the constitution and the content of the international conventions ratified by Morocco, and in line with the ambitions of achieving the empowerment of Moroccan women and promoting gender equality expressed in the new development paradigm.
In an opinion issued on the occasion of International Women’s Day, which is celebrated on March 8 each year, the Council stated that “it is not possible to achieve equality between women and men and guarantee the full participation of women in all aspects of work life without a legal framework in accordance with the aspirations of the country that guarantees women the enjoyment of their rights.” without any discrimination.
The Council considers that the time has come to develop the Family Code to adapt it to national and international legal standards, in light of the evolution and profound transformations that society has undergone in recent decades in the direction of demanding greater application of the principles of equality, equity and social justice.
On the other hand, the Council identified a series of problems and imbalances defined by the Family Code in its current form, including the inclusion of forms of discrimination at the level of guardianship of children, since “the mother cannot have guardianship of the children”. their children”, which “contradicts the principle of the distribution of family responsibilities between spouses”, especially those related to children, and this requirement has a negative impact on the fulfillment of the rights and duties of separated parents towards their children when conflicts persist between them. , the marriage of a woman requesting custody loses her right to custody of the children, except in special cases.
Among the imbalances that the Council focused on are early marriage, and the distribution of funds between spouses in the event of divorce or death of one of them, problems that perpetuate women’s sense of insecurity at the legal, judicial, economic and social.