Ladies and Gentlemen,

I am thrilled to celebrate, once again, the national Moroccan Women’s Day. This occasion awakens in us feelings of ardor and passion, enshrining deep and increasing awareness of women’s rights, the lofty status they deserve in society, and the recognition they must receive in public life and family, for “women are the twin halves of men”.

I am honored to partake in this valuable national conference. I would like to seize this importunity to extend my gratitude to the Minister of Justice for his gracious invitation and my praise for the Ministry’s involvement in significant justice issues. I would also like to thank the United Nations for Gender Equality for the intellectual and moral support they provide for judicial administration in Morocco. Furthermore, I am most delighted to express to both organizers my heartiest appreciation for taking the initiative to organize this conference. The latter bears on the excellent care His Majesty the King, may God bless him, shows for the family as underlined in the speech He addressed to the nation on Jun 30, 2022, on the occasion of the 23rd anniversary of Throne Day, where He said:

“…In fact, the Family Law does not concern men only, nor is it specific to women; it is a law for the entire family.

This law is based on fairness, since it gives women their rights just as it gives men theirs; it also takes into consideration the interests of children.” End of quote.

Undoubtedly, ladies and gentlemen, organizing a national conference on this topic, within the framework of the implementation of constitutional principles and embracing the international human rights system, and in line with the determination to take legislative initiatives that seek to adapt our law to this system, requires us to recall the crucial reform process our country has undertaken to produce a modern Family Law which promotes family stability and cohesion as well as guarantees, without exception, its individuals’ rights.

In fact, our country’s adoption of Family law has resulted in a quantum leap in the human rights field, particularly in protecting women and children. The law sought to maintain harmony between contemporary and present times and the adherence to Sharia provisions which combined the system of rights, as agreed upon internationally, with tolerant Islamic values and sound doctrine.

Furthermore, the said Law was capable of establishing equality between husbands and wives in duties and rights, regardless of their form. The latter could be the right to marriage, by virtue of which adult women have the right to contract their marriage without their guardian on an equal footing with men. It could also be during marital life as the Law recognizes the mutual responsibility both partners shoulder toward their kids concerning providing care, protection, and guidance. This equality is also ensured by means of consensual separation procedures that Family Law had never adopted before regarding the dissolution of marriage, namely consensual divorce, whereby Family Law was consistent with international principles in this regard, especially the requirements of the European Convention on Human Rights in its seventh protocol. Family Law also subjected all other types of divorce to judicial oversight in an attempt to guarantee the rights of women and children when dealing with a divorce that was once granted to the husband at his individual will, and allow both men and women to file for discord divorce while reserving the right to claim compensation from the abusive party.

Ever Since our country adopted the Constitution of 2011, the human rights system has witnessed a critical turning point and a notable shift. This was reflected in the Kingdom’s decision to proceed with determination, firmness, and persistence in building a democratic state governed by rights and law and based on participation, pluralism, good governance, and the establishment of the foundations of a solidarity country where everyone enjoys security, freedom, dignity, and equality.

To implement this trend, the Constitution stipulated in Chapter 19 that men and women shall enjoy, on an equal footing, civil, political, economic, social, cultural, and environmental rights and freedoms outlined in the Constitution, as well as in international conventions and charters as ratified by Morocco. This is carried out as part of the Constitution’s provisions, the Kingdom’s fundamentals, and the law. When implementing its projects, the country seeks to achieve parity and equality between men and women.

Today, nearly two decades after the implementation of Family Law, and taking into account the increasing dynamism of human rights in a society that is constantly evolving toward enhancing women’s status and promoting children’s rights, it has become crucial to assess the efficacy of the Law’s provisions regarding family protection on the one hand and their appropriateness to principles of equality and equity stipulated in the Constitution of 2011, on the other hand. Therefore, their assessment is a vital link in supporting Moroccan family resilience. This notion prompted the King, may God assist Him, to state in this year’s Throne Day speech that “regardless of the forward leap the Family Law took, it has become insufficient, seeing that experience has shown that there are several obstacles standing in the way of completing this journey, warding off the achievement of its objectives”.

Undoubtedly, the assessment will depend on legal loopholes and textual discrepancies. It will also address legal and judicial readings that do not conform to society’s needs and do not comply with the Constitution’s principles. This will represent a new reading of a Law his Majesty the King described as “a Law for the entire family”. Hence, it is expected that Family Law will deliver justice to all family members and produce ludic, developed texts that do not need an interpretation that may alienate them from the legislator’s intentions. 

This reading will, without a doubt, evoke jurisprudence and judicial work appropriate for the community and the family’s welfare and stability. It will also find clear legislative solutions to controversial issues, all within the context of adhering to the principles of the tolerant Sharia and conforming to the Kingdom’s Constitution, thus, achieving justice, equity, and protection for family members.

I hope that this conference will constitute a fresh beginning of this social debate, which I hope will be purposeful and balanced and will be guided by the royal directives mentioned in this year’s Throne Day speech, which stated “building the kind of country we yearn for - one that is committed to progress and dignity - is possible only with the participation of all Moroccans - men and women alike - in the development process”.

Wassalamu alaikum warahmatullah wabarakatuh.