In Morocco, feminist and human rights feminists and organisations such as Zainab Fasiki, Sarah Benmoussa, and Ghizlane Mamouni alongside Kif Mama Kif Baba, Politics4Her, and Alternative Movement for Individual Freedoms (M.A.L.I) are leading the charge for equal rights and the elimination of gender injustices embedded in legal frameworks and societal norms.
These activists have united to highlight the deep-rooted gender inequalities within Moroccan laws, especially within the criminal justice system, and have brought their concerns directly to the Minister of Justice, Abdellatif Ouahbi. They now await crucial reforms.
The Moroccan Penal Code strictly prohibits abortion, except when performed by a licensed doctor under specific circumstances to safeguard the woman’s life. This legal stance not only restricts women’s reproductive autonomy but also endangers their health and well-being. According to an Amnesty International interview with a doctor in Morocco: “What can we do as doctors? Nothing. We can’t help women. Our hands are tied. We’re frustrated because we can’t give women the help they want.”
Moreover, victims of rape are forced to carry pregnancies resulting from sexual assault, inflicting long-lasting trauma. Shockingly, young single mothers face alarmingly high rates of suicide due to unintended and unwanted pregnancies. According to PAMJ – One Health, 61.3% of young single mothers in such situations consider or attempt suicide, emphasising the dire need for safe and legal abortion access.
Article 490 of the Moroccan Penal Code criminalises consensual sexual relations outside of marriage, preventing victims from reporting assaults due to fear of legal repercussions and societal stigma. This provision perpetuates gender inequalities and hinders access to justice for victims of sexual assaults. Many victims are scared of being accused and jailed under Article 490 if they fail to prove the sexual violence they have gone through.
Meanwhile, Article 486 embodies many discriminations concerning the criminal imprisonment period, distinguishing between whether the victim of rape is a minor, disabled, or a virgin. It also fails to address marital rape, leaving countless women vulnerable to abuse within their own marriages. This systemic bias often results in lenient sentences for perpetrators, as seen in the case where three men received prison sentences ranging from only 18 months to 2 years for repeatedly raping an 11-year-old girl, an act that left her pregnant.
Furthermore, Article 489 penalises same-sex acts with imprisonment from 6 months to 3 years and fines from 200 to 10.000 Dhs. This not only infringes on individual freedoms but also reinforces a heteronormative framework that marginalises LGBTQ+ individuals. This legal repression is part of a broader system that oppresses all those who fall outside the gender binary framework. By criminalizing same-sex relationships, the LGBTQ+ community is exposed to a harsh reality.
The struggle for gender equality and justice in Morocco demands comprehensive legal reforms and societal shifts. It requires the empowerment of women, the protection of their rights, and the elimination of discriminatory laws. Addressing these laws is imperative to ensure individual freedom, equal rights, and women’s emancipation.
*Article originally published in Nadja.
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