The Family Code suffers from gaps and legal and criminal legal dysfunctions, imposing a certain opacity, even contradiction between the text and reality and its reform must guarantee the human rights of women and children, said the Secretary General of the Popular Movement (MP), Mohammed Ouzzine.
The MP Women’s Organization organised, on Monday, March 13, in coordination with the two party groups belonging to the two parliamentary chambers, a study meeting on the theme “The Family Code in the Face of Social Challenges and Constraints culture”, on the sidelines of International Women’s Rights Day.
This meeting, held in parliament, was an opportunity for the MP to contribute to this open dialogue on the reform of the Family Code, and to affirm his conviction that any legal reform or social workshops must be done in the management of differences and taking into account societal diversity, in order to be able to reach compatible alternatives that guarantee family cohesion.
This initiative opened the door to many activists, politicians, representatives of institutions and civil society, to discuss the different contents of the Family Code and to share recommendations on the changes to be made to guarantee the effectiveness of the text and its correlation with the reality of society.
In a statement to MoroccoLatestNews, Mohammed Ouzzine, Secretary General of the MP, noted that the legal representation of the minor is a form of legal guardianship. The father is by right the legal guardian of his children, as long as he has not been stripped of this guardianship by a judgment. In the event of impediment of the father due to death, absence or forfeiture of capacity, it is up to the mother to watch over the urgent interests of her children. “But what about cases where the spouse is outside the country, imprisoned or an absent subscriber?“, he wondered.
” The mother is faced with restrictive situations just for a document such as the change of school, the passport etc. You have to resort to the courts and there begins another journey in the face of the piles of requests filed at the level of the courts.“, he continues, adding: “ That said, our demand is that custody of the children be entrusted to the parents even in the case of remarriage of the ex-wife.“.
As for the marriage of minors, Ouzzine expresses a ” ipso facto rejection! It is no coincidence that the divorce rate has reached alarming and unprecedented dimensions in 2021. In fact, it is the direct corollary of 23,000 young girls, whose childhood was raped under the guise of marriage.“.
For the leader of the party, these situations show that the ” Moudawana suffers from legal and criminal legal gaps and dysfunctions. What leaves us in front of a certain opacity if not contradiction between the text the reality and the application“.
With regard to the pension, each judge establishes a given sum. This is inadmissible, we must standardize, unify the pension with a minimum and a maximin depending on the salary of the ex-spouse. That way the divorce would avoid being a whim or a simple headache“, he confided.
The SG appeals, in this sense, to stop ” reduce women to very low levels of their presence in institutions. Today, it is an overhaul which must guarantee the human rights of women and children. And not boast of shiny figures which are, in fact, only the tree that hides the forest“.
It should be recalled that the call for revision was launched by King Mohammed VI during his speech on the occasion of the 23rd anniversary of the Throne Day, where the Sovereign stressed that ” Ihe spirit of the reform does not consist in granting graceful privileges to women, but, much more precisely, in assuring them of the full enjoyment of the legitimate rights conferred on them by the law. In today’s Morocco, it is no longer possible that she be deprived of it.“.
” The reality is different: the Code is specific neither to men nor to women: it is dedicated to the whole family.“, insisted the King.