Latest news with #FamilyCode
Ya Biladi
28-05-2025
- Politics
- Ya Biladi
Moroccan single mother granted right to asylum in the Netherlands in landmark ruling
Issued by the Council of State in The Hague on May 20, 2025, and published on the 26th of the same month, a landmark ruling now allows Moroccan single mothers to apply for asylum in the Netherlands—provided they can demonstrate a genuine risk of criminal prosecution. The decision was handed down in favor of a woman who had appealed after facing deportation alongside her three children, following an administrative rejection in 2023. The initial decision had sided with the Ministry of Asylum and Migration, which argued that Morocco is considered a safe country of origin. However, the Council clarified that this presumption does not apply in cases where individuals can «specifically demonstrate that legal safeguards in Morocco against violations of rights and freedoms are not guaranteed in their individual case». In its appeal, the ministry argued that «there must be concrete and individualized indications that criminal proceedings will actually be initiated». The Council of State, however, found the applicant's claims admissible, stating that she had shown «a clear risk of facing criminal prosecution upon return to Morocco, and that legal protections for her rights and freedoms are not assured in her specific case». Risk of Prosecution and Far-Reaching Consequences The woman's appeal was based on Morocco's Penal Code Articles 490 and 491, which criminalize extramarital relationships and adultery, as well as Family Code provisions regarding the annulment of guardianship and child custody. Her case also referenced the 2022 report by Protection Not Prison: How the criminalization of sexual relations outside of marriage promotes violence against women. According to the report, over 10,000 prosecutions for similar cases were recorded annually in Morocco during the study period. The report contrasts this with the country's response to gender-based violence, highlighting that in 2020, only 46 people were prosecuted for femicide, 756 for rape, 2,034 for violence against women resulting in incapacitation of more than 20 days, and 505 for sexual harassment in public spaces. In the workplace, 20 cases of sexual harassment were prosecuted, while only 2 cases were pursued for breaching restraining orders. In total, there were 3,363 prosecutions for gender-based violence, compared to 13,018 prosecutions for extramarital sexual relations that same year. The applicant also referenced an article titled Response to Morocco : Convictions for Extramarital Sexual Relations by the Austrian Centre for Country of Origin and Asylum Research and Documentation, as well as the Brief Thematic Official Report on the Principle of ne bis in idem, Foreign Criminal Convictions, and Privacy Legislation in Morocco (2023). A Debate on Legal Reforms and the Duty of Protection A letter from MRA, dated December 14, 2023, was also included in the case file. In her application, the mother explained that she «must contact the Moroccan authorities to obtain official identity documents for her youngest child». The Council of State noted in its ruling that this process requires presenting the Dutch birth certificate, which does not list a father, allowing Moroccan authorities to infer that the child was born out of wedlock. An email from MRA confirmed that «when a single mother requests official identity documents for a child born outside marriage, the authorities are alerted to a criminal violation of laws against extramarital sexual relations and proceed with prosecution». While some Moroccan cities allow single mothers to give their child their own surname or choose from a list of approved names, these practices largely depend on individual efforts within local administrations and NGOs, as there is no legal framework to protect such cases. Morocco's reluctance to use DNA testing for establishing paternity in children born out of wedlock also remains a major issue. Without legal recognition of paternal lineage, these children face second-class citizenship. For mothers, the consequences can be severe: in addition to the loss of legal guardianship, they risk imprisonment, economic hardship, and difficulties reentering the workforce after serving a sentence. All these factors contribute to greater insecurity for the children's well-being and future. When contacted by Yabiladi on Wednesday, the MRA association welcomed the ruling as a step forward for the protection of children's rights. «Given the risk of criminal prosecution and the precarious legal status of children born out of wedlock, these children could have been deprived of a normal education like their peers if they had returned to Morocco», the NGO told us. «They would have been separated from their mother if she had been convicted. The priority was to ensure the children could stay with their mother and that their rights were protected, in line with the obligation of international protection under the Convention on the Rights of the Child (CRC)». Beyond this individual case, MRA expressed hope to Yabiladi that this legal precedent will help advance discussions around the status of children born out of wedlock and single mothers in Morocco, particularly in light of the ongoing Family Code reform and the provisions of the Penal Code.
GMA Network
21-05-2025
- Politics
- GMA Network
Kids' legitimacy unaffected by marriage nullified for psychological incapacity
Children of couples whose marriages are declared null and void due to psychological incapacity remain legitimate, the Supreme Court (SC) ruled. In a 19-page decision, the High Court affirmed with modification the ruling of a regional trial court (RTC) that declared a child illegitimate. The SC declared the child legitimate pursuant to Article 54 of the Family Code, which entitles the child to retain her legitimacy status as a consequence of her parent's marriage. 'All told, the RTC rulings were bereft of basis in declaring [the child] to be illegitimate,' the SC said. 'Since her legitimacy status is not affected by the declaration of nullity of marriage on the ground of psychological incapacity, the RTC must be reversed insofar as it declared [her] to be an illegitimate child of respondents,' it added. According to the court, the wife suffered physical, emotional, and verbal abuse from her husband during the marriage, leading her to file a petition to nullify it. She presented evidence of abuse and a psychological report that diagnosed her husband with narcissistic personality disorder. Though the RTC voided the marriage, it also declared the child illegitimate as her birth certificate did not state that she was legitimized. For its part, the SC affirmed that the marriage was void but ruled that the child remains legitimate. 'Considering that 'a void marriage deemed never to have taken place at all,' the nullity of the marriage, as a general rule, will make the status illegitimate from conception,' the SC said. 'However, Article 54 of the Family Code provides for exceptions,' it added. The exceptions are when the parent is/are declared psychologically incapacitated and when the child is born of the marriage under Article 53 of the Family Code, but the parent/s has/have not complied with the requirements of Article 52 of the Code. The decision was promulgated in February 2025. It was penned by Associate Justice Jhosep Lopez. — BM, GMA Integrated News
Morocco World
13-05-2025
- Politics
- Morocco World
HACA Pushes for Ethical, More Balanced Portrayal of Women in Moroccan News Media
Rabat – Morocco's High Authority for Audiovisual Communication (HACA) has taken a new step toward subverting outdated portrayals of women in news content. On April 29, the institution released a short awareness video on the representation of women in Moroccan news, exploring issues of civic equality and democratic inclusion that still stubbornly persist. Presented during a workshop in Rabat, the video forms part of HACA's broader effort to reshape the way women appear across TV, radio, and other online platforms in Morocco. More than just a campaign, the initiative poses an urgent question: Why do Moroccan newsrooms still struggle to fully embrace the country's diverse female voices? The event brought together a wide mix of actors and stakeholders, from members of HACA's governing council to parliamentarians, human rights advocates, government officials, and editors from public and private broadcasters. Journalists sat next to civil society activists and digital specialists to ponder the same problem: how to break the persistent patterns that either erase women from the news or box them into reductive, symbolic roles. Those around the table agreed: news is not neutral. When women appear less often, or only in limited contexts, the media helps reinforce outdated norms. That silence carries consequences, not just for individual women, but for democratic life as a whole. A free pass cannot fully serve its public if it does not reflect it. Time to change who tells the news In his opening remarks, HACA Director General Benaissa Asloun invited participants to think about how the media shapes public thinking. He pointed out that small shifts in editorial decisions could lead to broader change, especially as Morocco continues its debate over reforming the Family Code. HACA President Latifa Akharbach provided more concrete evidence. Drawing on the institution's participation in the Global Media Monitoring Project, she shared data that exposed deep imbalances in who appears on screen and how stories are framed. She noted that women's voices often disappear in stories of political and economic relevance, while men continue to dominate expert commentary. For Akharbach, the new video is part of a long-term strategy to ground media regulation in human rights. By circulating the video on social media, HACA hopes to reach audiences beyond formal institutions and invite the public to take part in rethinking the role of women in media. The conversations at the workshop did not aim to assign blame but to build common ground. Everyone present recognized that more inclusive reporting does not come from checklists of slogans, but begins with awareness, intention, and a willingness to listen. Still no women at the top A 2025 study led by the Reuters Institute for the Study of Journalism and Oxford University notes a persistent gender imbalance at the highest levels of news leadership. Analyzing 240 major news outlets, online and offline, across 12 countries on five continents, researchers found that only 27% of the 171 top editors are women. This stands in sharp contrast to the broader workforce, where women make up roughly 40% of journalists. Even among newly appointed editors in 2024 and 2025, women accounted for just 27%, a marginal increase from the 24% reported in 2024. The findings point to the disheartening global trend that men continue to dominate editorial leadership, even in countries where women represent the majority of working journalists. Representation varies widely, from a meager 7% in South Korea to a relatively higher 46% in the UK. The research underlines entrenched dynamics within the media industry itself, where internal structures and career progression paths remain largely unyielding to gender parity. Despite years of data, debate, and awareness campaigns, the leadership gap remains stubbornly wide. The question is no longer whether women belong in top editorial roles, but when the industry will finally act on what it already knows. How much longer must these conversations circle before real structural change takes root, and when will women's inclusion stop being a goal and start becoming a norm?
Morocco World
08-05-2025
- Politics
- Morocco World
35 Years of CNDH: Morocco Reaffirms Commitment to Human Rights
Rabat – 35 years ago, Morocco took a bold step. Long before global standards emerged, the country established its first national human rights institution on May 8, 1990, laying the groundwork for what would become a key pillar in its governance landscape. This week, the National Human Rights Council (CNDH) marks that turning point. The anniversary speaks not only to the passage of time, but to the country's steady shift toward greater accountability, justice, and rights protection. The Council's president, Amina Bouayach, sees this moment as more than symbolic. 'We are looking back on a path of transformation, but also of construction. Morocco changes constantly, so must we,' she said. What began as a modest advisory body has grown into a constitutional institution with regional branches and a far-reaching mandate. Since 2018, the Council has operated with expanded powers to address violations, support victims, and defend freedoms. Morocco had already taken this path in the early 1990s, three years before the UN adopted the Paris Principles that define how human rights institutions should function. That early move, Bouayach said, reflected a national decision to address past abuses and build a system based on truth, justice, and reconciliation. The country marked the 20th anniversary of that process earlier this year. Over the years, the Council has played a role in major reforms: from restructuring the justice system and revising the Constitution to observing elections and launching discussions around Morocco's Family Code. 'We are not outside of national dynamics, we stand in the middle of them,' Bouayach explained. Under the slogan '35 Years: Rights. Freedoms. Effectiveness', the Council plans to mark the anniversary throughout 2025. The goal is to reinforce the rule of law, support victims where needed, and ensure that rights do not remain theoretical but become real and enforceable. Morocco's human rights body asserts that it stands on principles of independence and accountability. But it also carries a story, one of political will, institutional learning, and the belief that no reform holds weight unless it protects human dignity. Tags: CNDHCNDH Morocochuman rightsmorocco human rights
Ya Biladi
02-05-2025
- Politics
- Ya Biladi
Morocco's symbolic tribunal : Advocating for family code reform to end gender inequality
Estimated read time: 1' A «symbolic trial» is set to take place on Saturday, May 10, at the Lawyers' Cultural and Sports Complex in Rabat, putting family code inequalities in the dock. Initiated by the Union of Feminist Action (UAF), this 22nd edition of the Women's Symbolic Tribunal has chosen a prominent theme in the context of the current debate on reforming the text. It is part of the NGO's advocacy campaign for a «comprehensive and profound» revision. Explaining the concept of the Symbolic Tribunal, the UAF recalls that it constitutes «one of the advocacy mechanisms, organized annually since 1996» to «denounce the many forms of discrimination and violence that hinder women's emancipation and their full enjoyment of human rights, whether at the legislative level or in public policies». This year, the Tribunal is composed of three bodies: a judicial one, an expert panel, and the defense, in addition to testimonies from victims of discrimination perpetrated by the Family Code. In this regard, the UAF explains that «the judicial body is responsible for ruling on the complaints submitted to it and, based on these findings, issuing a decision that the association uses as an advocacy tool with policymakers and all concerned parties».
