Moroccan Democratic League for Women's rights working towards an autonomous family court

02/05/2006

In its report released to the public at the end of April, the Democratic League for Women's Rights insisted that the family justice system become autonomous.

By Hassan Benmehdi for Magharebia in Casablanca – 02/05/06

[File] Assouli

The LDDF report on the application of the Family Law, two years after its enactment, calls for family justice to be transformed with the creation of an autonomous court along the lines of other courts. The document was put together by the Moroccan Women's Information Centre and Observatory and the Network of Hearings Centres and Judicial Counsel (LDDF Assistance).

Presented on 26 April in Casablanca by LDDF Secretary General Fouzia Assouli, the report points out some positive aspects of the application of the Family Law. Aspects connected with marriage, divorce, the prohibition of polygamy, allowances, marital violence and the application of the law's provisions are cited. The document also brings to light some negative points, which mostly consist of ways in which the law has been sidestepped or had some of its provisions poorly implemented.

In its recommendations, the report calls for the setting of a mothers' social security fund, payment of allowances into court accounts before judgements regarding a return to the home, improvement of information dissemination and the creation of a special police force with social workers to lead investigations concerning marital violence.

The report also insists that women who have been subject to violence should be accompanied by a lawyer or social worker when talking to the judiciary police, opening inquiries, submitting the violent husband for psychiatric treatment. It also calls for the criminalisation of sexual harassment.

As for the marriage of minors, the report recommends linking social inquiries with a medical and psychological certificate to take proceedings against those who use fraudulent means to engage in polygamy with minors, implement the procurator general's role in child protection and stipulate that the judge must not rely on visual assessment alone to authorise the marriage of a minor. According to report statistics, around 4,855 marriages with minors were recorded in 2005 in Marrakech, Casablanca, Béni Mellal, Rabat, Fqih Bensaleh, Ouarzazate, and Guelmin. Marrakech tops the list with 1,920 marriages, ahead of Casablanca with 1,131.

The overall conclusion of the LDDF reports is that transforming family justice into an autonomous, independent court system is necessary.