Family code: ADFM calls for a global overhaul

She pleads for a revision of the laws relating to polygamy, divorce or guardianship The Democratic Association of Women of Morocco (ADFM) calls again for the need to revise laws and public policies relating to women’s rights, as a priority the Family Code. In a press release, published on the occasion of the 17th anniversary of the reform of the family code, the ADFM urgently calls for these laws and public policies to be harmonized with the Constitution and international obligations. “The family code requires a global overhaul in order to fill in the gaps, remedy the shortcomings and contradictions of certain provisions”, indicates the association. Noting that “many provisions of this text have only worsened the social situation of Moroccan women and perpetuated social and family injustices”. In this context, the ADFM mainly cites the marriage of minors which has worsened during these seventeen years. She recalled that the statistics published by the Ministry of Justice are eloquent. They indicate that in 2015, 35,150 marriage contracts for minors were concluded, ie almost double the contracts (18,341) concluded in 2004. The ADFM also addresses the issue of polygamy. “This scourge encouraged, until 2019, by article 16 of the CF, relating to the regularization of customary marriages, has largely contributed to the increase in the marriages of minors and to polygamy. “It was enough to organize a marriage by the“ Fatiha ”and to start the process of recognition of this union. This measure, which was initially supposed to last 5 years and which was extended for another 10 years, has enabled thousands of men to avoid going to court to be polygamous or to marry a minor, ”notes t -she. The association also adds the division of property in the event of divorce. “The non-obligation to attach to the marriage contract the annex defining the modalities of the division of property acquired during the marriage has plunged many women into extreme poverty despite their contribution to the constitution of the family patrimony and the time granted to it. maintenance and education of children, ”she notes. In addition, she highlights the issues related to childcare. “Legal guardianship over children is a notorious discrimination against women. While the current text advocates equality in rights and responsibilities between men and women, legal guardianship is attributed only to the father; the mother loses custody of her children in the event of remarriage and a divorced woman who has custody of her children needs the authorization of the father, who is often absent, to initiate the many administrative procedures relating to education, health and the education of the child ”, explains the same source. Finally, the ADFM considers that the effectiveness of gender equality in law and before the law and in all private and public spaces is an essential condition for the achievement of sustainable development in our country. “Given the failings of the provisions and application of the family code and their negative impact on the situation of women, on society and on the country’s economy, a global revision of the FC represents a major challenge and a challenge to be taken up in view of the constitutional advances and Morocco’s commitments to the international community in terms of the effectiveness of women’s rights, ”the press release concludes.