Secretary General of the Istiqlal Party Dr. Nizar Barakeh presides over a special honoring ceremony for Brother Jamal Hagez on the occasion of the end of his mission as director of the newspaper

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On 1 March 2019, the Federation of Women’s Rights organized a round table in Rabat, highlighting the most important gaps and shortcomings of the Family Code in its application and its relevance to international human rights instruments, particularly 15 years after its promulgation. Latifa Bouchoui, president of the Women’s Rights League, told Al-Alam that the table was organized to study most of the gaps and shortcomings that the Family Code revealed during its implementation, stressing the need to review the marriage of minors, which is a broad breach and a violation of all international human rights instruments.

 

“The family code, when it was issued, was a peaceful revolution,” said Fawzia Assouli, president of the Euro-Mediterranean Foundation and honorary president of the federation. But after a period of time on its implementation, it shows that it bears some of the reasons for its failure.

 

In a statement to Al-Alam, Al-Assouli stressed the importance of a radical and comprehensive review of the provisions of the Family Code, a requirement that finds its support in the formality of the most important of which is that the code remains a normative text after raising the 1993 amendments to this field. Led the legislature to reverse some of the requirements that were considered among the constants in family relations, where the couple became partners, and the family under their joint presidency, after the abolition of duty of obedience, as well as the provisions of the Constitution of 2011, which recognized the principle of gender equality.

Farida Bennani, a legal expert and university professor, wondered what happened 15 years after the Family Code was issued. What should be done and argued for in order to legislate a family law based on equality only, consistent with international conventions? And several other questions.

 

She emphasized the importance of the requirement of “an equality-based family law only, because most of the requirements of the revoked personal status code were based on the principle of equity and the gender balance was based on this principle, which is still in the family code, despite its new form of equality, “If the coexistence of the principle of equity and equality in 2004 is both necessary and consensual, a few months after the entry into force of the Family Code, it is clear that this forced coexistence between the two principles led to inconsistencies and inconsistencies, Constitutional suitability and right Yeh. ”

 

She considered that the family code needed a radical change, not just partial amendments, a change within the circle of change and not within the circle of continuity with amendment or renewal.

Anas Saadoun, a member of the Judges Club of Morocco, pointed out some ambiguity that continues to cover a number of the requirements of the Code, such as the nature of descent, whether it is a child’s right under article 54 or whether it is a privilege granted to the father, Born in a false marriage of their right to descent over the good faith of the father, which means that the father’s bad faith in false marriage deprives his children of descent, which turns the descent from right to privilege granted by the law to the father. He added that a large part of the obstacles faced by the Family Code In the application concerns the misunderstanding of a number of its requirements and lack of sensitization.

 

With regard to Article 16 of the Family Code, Saadoun confirmed that the first victim of the suspension was women and children, proposing opening the door to proving marriage by all means to protect the rights of marginalized groups. He called for supporting the experience of the specialized judiciary through establishing family courts instead of existing sections, And the dissemination of judgments and judicial decisions because of their educational and educational role in promoting judicial security and introducing the application of the Family Code, simplifying its provisions to facilitate the access of all litigants to justice, and the need to provide human and material resources To ensure the proper application of the family code.

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