In the Kingdom of Morocco, the issue of gender equality and women’s rights continues to spark heated debates within civil society. While the draft reform of the Family Code was recently raised by the Minister of Justice, the reactions of the various stakeholders reflect a mixed feeling of disappointment and expectation.
Feminist movements, which have been fighting for a long time for full recognition of women’s rights, have expressed their disappointment with some of the proposals put forward. Indeed, the refusal of DNA tests as proof of biological paternity for children born out of wedlock has been seen as a step backwards compared to women’s legitimate claims in terms of recognition of filiation.
Similarly, the issue of underage marriage remains a sensitive subject, with exemptions granted by certain judges continuing to be considered, raising legitimate questions about the protection of the rights of young girls. Ghizlane Mamouni, lawyer and president of the Kif Mama Kif Baba association, stresses the need to establish a formal ban on marriage before the legal age of 18, without any exceptions, in order to guarantee the protection of minors against early marriages.
Polygamy, a controversial practice, also gives rise to debates, particularly regarding the conditions under which it is permitted. Maintaining polygamy in the event of the wife’s infertility or illness raises ethical and legal questions, highlighting concerns about respect for privacy and the protection of women’s rights.
In addition, announcements regarding the legal guardianship of children of divorced parents have been deemed too imprecise, leaving uncertainties about the rights and responsibilities of parents in such situations. However, one positive step forward has been noted: the mother retains custody of children in the event of remarriage, thus marking a recognition of her role and parental responsibility.
In this context, it is essential that the debate on the reform of the Family Code continues in an inclusive manner, taking into account different sensitivities and ensuring the protection of the rights of women and children. Gender equality and the fight against discrimination must remain at the heart of legislative reforms, in order to build a more just and egalitarian Moroccan society for all its citizens.