Hanan Harrat

Morocco – More than adecade after the 2011 constitution, which enshrined the principles of equality, parity, and non-discrimination,implementation promblems continue to  impose themselves within Moroccan court. Between a legal arsenal described as relatively advanced and a judicial reality that human rights associations consider uneven in its activation, the gap between legal texts and practical application persists, especially in cases related to women.

Data from the networks “Injad Against Gender Violence” and “Women is Solidarity” indicate the recording nearly 18,980 cases of violence against women in one year, led by forms of psychological violence at 47%, reflecting the continued scale of the phenomenon despite the multiplicity of legal and institutionsl mechanisms.

According to human rights associations, social and family pressures, along with the complexity and length of judicial procedures,may push some women to withdraw from pursuing cases related to violence or not to continue them, reflecting part of the gap between lagal guarantees and the actual reality inside courts.

In this context, lawyer Kinza Cheihi Al-Wahoudi affirms that the fundamental problem today is not the absence of laws, but their effectiveness in daily judicial application.

However, she believes that the real challenge lies in applying these laws within judicial practice, where the gap between text and application still exists in a number of cases related to women.

She noted that women’s rights in Morocco have seen significant development in recent years, especially after the 2011 constitutional, which strengthened the principles of equality, parity, and non-discrimination between women and men in cultural, political, economic, and legal fields. She pointed out that thist legal framework affirms in principle non-discrimination, whether at the level of texts of at the level of practice within courts.

Legal awareness as a gateway to empowerment

Lawyer Kinza Chbeihi Al‑Wahoudi considers that legal awareness is one of the fundamental pillars for enhancing women's protection, explaining that empowering women with knowledge of their rights, obligations, and available legal mechanisms strengthens their ability to make sound decisions and defend their interests inside and outside judicial institutions. "Legal awareness is a central pillar in this field. The more aware a woman is of her rights and obligations, and the more knowledgeable about legal mechanisms, the more capable she becomes of making sound legal decisions and defending her interests and rights."

She points out that the development at economic, social, political, and legal levels has contributed to raising women's awareness of the rights guaranteed by law, including the principles of equality and parity, which enhances their ability to interact positively with legal procedures and protect their interests.

She also stresses the importance of legal awareness and rights accompaniment, in addition to the role played by civil society organizations in supporting women and enabling them to know their rights.

Legal reforms and implementation challenges

Regarding legislative reforms, she notes that continuing legislative and institutional reforms remains necessary, along with enhancing the training of various actors in the justice system, and adopting an approach that takes into account the specificity of women's cases, to ensure the proper application of the law in this field.

She explained that Morocco has witnessed a series of reforms in recent years related to women's issues, especially regarding combating violence against them and enhancing legal protection. However, the real challenge is no longer linked only to the existence of legislative texts, but to the effectiveness of their implementation mechanisms on the ground, and the ability of various actors in the judicial system to understand the specificity of these cases and deal with them in a way that guarantees women's rights and achieves justice.

She concluded that the basic advice that can be given to women is the need to be aware of both rights and legal obligations at the same time, because this dual awareness is what gives them the ability to make sound legal decisions and defend their rights and interests within society.