February 8, 2023

Four years after the adoption of Law 103.13, which deals with combating violence against women, the diagnosis was made on Wednesday to discuss its pros and cons at an academic meeting that included a group of researchers and university professors.

Organized by the Association for Equality and Citizenship, the Masarat Research and Legal Research Center and the Jusur Research, Research and Policy Evaluation Center with the support of the French Embassy, ​​the participants of this symposium shed light on the above law and its contribution to protecting women from violence.

And Dr. Safaa Al-Idrisi Al-Sharafi of the Mohammed V Suissi University in Rabat believes that Law 103.13 “is one of the most important aspects of strengthening the foundations of human rights in our country, especially women’s rights, as they are recognized internationally.” “.

In her speech, the spokeswoman stated that “despite the difficulties that this text may cause in the field, because it is evidence-based, it represents a qualitative addition to the field of combating a phenomenon that has become widespread at the level of practical reality in many reasons, including the collapse of the role of values ​​in societies and the corruption of tastes. just a sex thing.

Al-Idrisi recorded some aspects of the shortcomings of the aforementioned law, despite the fact that no more than 4 years have passed since its entry into force, mainly that it “did not specify the criterion on the basis of which it could be said that the act considered discrimination against women on the basis of gender, especially since discrimination is often associated with implicit intent in essence.

Also a disadvantage, the university professor adds, is that “the use of the phrase ‘persistence in harassment’ in criminalizing harassment in public places was inaccurate, as it is useful in its meaning of persistence, purposefulness and duration of the act of harassment.” rather, it is useful for the repetition of the act, and therefore it would be an entrance to the impunity of the perpetrator.” In addition to “limiting the activation of protection order claims to injunctions only, without extending their activation to civil disputes, as the case is limited to a purely public action.”

For her part, Dr. Nihad Afkir, a member of the Commercial Law Laboratory at the School of Law in Settat, touched upon the injunctions that were included in the aforementioned law, noting that “it would be more appropriate to call it “the law against violence against members family” because its contents are intended to protect a group of groups in society”, such as assets, minors, spouses, a surety, and a person who has custody or authority over the aggressor or who is charged. his concern.”

And after talking about a positive step towards combating the phenomenon of violence, which has greatly increased in society, the same university professor pointed out that “it is necessary to provide an appropriate environment for downloading this text so that it does not lead to a deepening of conflict between women and men, and the first and last loser is the family.”

The same spokeswoman stressed the need for legislative intervention to keep pace with the implementation of the law on the ground in order to address gaps that may arise during implementation.

The researcher herself called for “introducing new means of reporting violence, such as digital platforms and direct dialing numbers, and promoting content related to combating violence against women and girls in curricula and educational programs, in addition to expanding the reach of the concept of violence, including digital violence, and the creation of a specialized judicial police to search in matters of violence against women, to ensure specialization, full and high-quality intervention.

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