Women’s rights
The smooth revolution

Since October 10, 2003, date of the historical speech of His Majesty the King in Parliament, Moroccan women recovered dignity and justice. They recovered their rights. The Family Code, considered by all observers as a real socio-political revolution, initiated new relations inside the family, based on respect, consultation, and sharing of responsibilities between the spouses. Through the consecration of the principle of equity, rehabilitating women in their rights, the Family Code clearly reflected the choice of society in Morocco.

Justice and Equity

Indeed, since he came to the throne, King Mohammed VI had reaffirmed his willingness to impulse women’s rights. “How to wish to ensure progress and prosperity to a society whereas women, who constitute half of it, see their rights violated and suffer injustice, violence and marginalisation, in disrespect of the right to dignity and equity that our sacred religion gives them?”, wondered His Majesty in his speech before Parliament, referring to one of his very first speeches, made on August 20, 1999. The determination to establish the foundations of a global society reform allowed the elaboration of a Family Code that revises texts that had the reputation of being irrevocable. Based on Ijtihad, the new text, submitted to Parliament’s vote on December 2003, reflects the profound transformation of the Moroccan society in recent years. It represents, by all aspects, an undeniable historical advance, an authentic social revolution that lays the bases of a healthy society, where relations inside the family are based on justice, equity, equilibrium, equal rights and duties.

The new text, unanimously approved by the Parliament, suppresses the patriarchal authority, establishes mutual duties between spouses, including the duty of consultation for decisions concerning the family, replaces repudiation by judicial divorce, makes polygamy difficult and reinforces the rights of children.

The new elements in the Code

In the text of the new Code, the family is henceforth under the shared responsibility of the two spouses, who have equal rights and obligations since the rule of the wife’s submission to her husband in counterpart of his supporting her financially, has been abandoned. The adult woman becomes in command of her choice and practices it following its own willingness and free consent. The age of marriage has been fixed at 18 for the two spouses, instead of 15 for the woman and 18 for the man before.

The text, which abolishes repudiation, also institutes the principal of consensual divorce under the judge’s control, with the aim of equity and justice between the two spouses. It introduces the rejection of the divorce request formulated by the wife because of the husband’s failure to support her if it is proven that she has sufficient means to satisfy her needs and that the husband is needy.

Another innovation: the grand-children, on the side of the daughter, have today the right to inherit of their grandfather, exactly like the grand-children on the side of the son, and for taking charge the children; the girl has also the possibility to freely choose, at the age of 15 years, the person to take charge of her.

The Family Code gives a central role to justice and integrates the intervention of the public minister in every action aiming at the implementation of the provisions of the Family Code. The accompanying measures reside in the setting up of family courts and the creation of a family assistance fund.

Demanded for long years by feminist associations, the repartition between the two spouses of the property acquired during the marriage has become a right today. The text consecrating the principle of separation of property introduces the possibility for the two spouses to make a contract that is separate of that of marriage, to define a framework for the management and the fructification of the property acquired during the marriage.

Children, too…

Ensuring to children a status that favours their development and accomplishment is the other project that has mobilised, in recent years, the government, politicians and NGO’s. The result is a harmonious judicial and legislative arsenal, in perfect conformity with international legislation in terms of children’s protection. The vast and careful consideration that has concerned the ill-treatment of children and their exploitation (paedophilia, children’s labour, young female servants) actually reflects the maturity of a society that tackles its problems, even taboos. The Child’s Parliament constitutes, in this respect, a tribune to enable children to better know their right. This permanent and structured exchange and debate framework aims, not only to consolidate the citizen culture, to make the children’s first move towards the values of democracy, but also to offer a better visibility of the question of children’s rights, the unique guarantee to improve the situation of children in precarious situation.

The eleven gold rules, included in the new Family Code, constitute the framework of a global reform. The promotion of women’s rights, the protection of children, the reinforcement of children’s rights and the consolidation of citizenship are open work projects which goal is the edification of a democratic modern state and the willingness to solidly engage Morocco in the 21st century.