Revision of the Family Code: The royal timetable
The Government has six months to submit proposed amendments to the Family Code to the King. A draft law will then be adopted by the Government Council and submitted to Parliament. This long-awaited reform will mark a new stage in the modernization of the Moudawana. On Tuesday, the Sovereign addressed a letter to the Head of Government concerning the revision of the Family Code.
In detail, Aziz Akhannouch has been entrusted with overseeing this project. The Ministry of Justice, the High Council of the Judiciary, and the Presidency of the Public Prosecutor’s Office have been collectively entrusted with steering the preparation of this important reform. This is due to « the centrality of the legal and judicial dimensions of this issue «. This approach will be supported by the close involvement of other bodies directly concerned by these issues. These include the Higher Council of Ulemas, the National Council for Human Rights, and the Ministry for Solidarity, Social Integration, and Family Affairs. In addition, there is an important opening-up to civil society players, researchers, and specialists.
The Sovereign had already emphasized the urgency of this reform in his 2022 Throne Day Speech. He recalled that « the major reforms undertaken include the enactment of the Family Code and the adoption of the 2011 Constitution, which enshrines equality between men and women in terms of rights and obligations». The royal speech made it clear that the spirit of the reform was not to grant women gracious privileges, but rather to ensure their full enjoyment of the legitimate rights conferred on them by law.
Today, some twenty years after the Code came into force, practice in the field has revealed a number of shortcomings. « Initially, the Family Code represented a real leap forward. But it is no longer sufficient in itself. Experience has highlighted a number of obstacles to perfecting the reform and achieving the desired goals «, according to the royal address. One of the pitfalls identified is the incorrect application of the Code due to various sociological factors. These include, for example, the persistent tendency of some civil servants and lawyers to consider that the Code is reserved for women. The aim is also to overcome the shortcomings and negative aspects revealed by experience in the field, and to overhaul certain provisions that have been diverted from their original purpose.
A number of topics will be on the agenda during the extended consultations for the preparation of proposed amendments. One of the subjects likely to give rise to a great deal of debate concerns questions of equality between men and women in matters of inheritance. In any case, the proposals to be drawn up will be submitted to the Sovereign.
M.A.M
