HANAN HART

Morocco — The debate over the position of women within the notary profession in Morocco has returned to the forefront after the Constitutional Court ruled that a number of provisions of Draft Law No. 16.22, concerning the regulation of the profession, were unconstitutional. The ruling reopened discussion on legal reforms related to this sector, amid continuing professional and rights-based demands for the enhancement of women's full participation within it.

The Moroccan Constitutional Court ruled on Monday, June 15, that a number of articles were unconstitutional, including Article 8 and the first clause of Article 67. It also considered that certain provisions of the draft had failed to guarantee the continuity of the public notarial service, while it affirmed that other articles did not violate the constitution or approved them with restrictions on their interpretation subject to specific conditions.

The notary profession is one of the legal professions entrusted with documenting a number of contracts and transactions, including marriage contracts, inheritance, and civil dispositions, making any legal amendment concerning it a matter of professional and rights-based interest across Morocco.

From Opening Access to the Battle to Establish Competence

When Dalila Moussaid joined the first women's cohort of the notary profession in 2018, she did not view it merely as a professional opportunity, but as a milestone of historical significance that carried, in her words, a compounded responsibility within a sector that had long been exclusively male-dominated.

She states that women's entry into this field was not merely a numerical addition, but a practical test of their ability to prove that competence and commitment—not gender—are the true criteria for practicing the profession.

She describes her experience as a journey of challenge, self-affirmation, and the consolidation of women's presence within the profession, considering that the past years have demonstrated women's ability to shoulder responsibility and perform their duties competently. She adds that current challenges are no longer related to whether the practitioner is male or female, but have become shared professional challenges concerning the profession's future and development.

She further adds that notaries, both men and women, today constitute a unified professional body united by the goal of defending the profession, enhancing its standing within the justice system, and serving citizens.

Calls for Broader Reform of the Profession

Nevertheless, Dalila Moussaid expresses reservations about the new draft law, affirming that she received it "with shock and great concern," because professionals, in her words, were expecting a balanced reform that keeps pace with the profession's evolution and achieves harmony between the scale of responsibilities and the legal guarantees granted to notaries.

She points to the continued disparity in some mechanisms between legal professions, including those related to the custody and deposit of funds associated with certain transactions, considering that reform should grant the profession the necessary legal means to perform its role comprehensively.

She believes that the question posed today is not merely about women's access to the profession, but about the extent of their actual participation in its management and in decision-making within its institutions. She adds that equity is not achieved through slogans, but through clear texts that open the door for all qualified individuals to contribute to the management of professional affairs.

She also considers that tightening the conditions for candidacy for certain professional responsibilities may practically delay the access of a number of qualified individuals, including women, to positions of responsibility, affirming that strengthening women's position is not limited to opening the door to the profession but also includes enabling them to contribute to shaping its future.

The Issue of Equality Within Legal Professions

On the other hand, human rights activist Bouchra Abdou, President of the Challenge Association for Equality and Citizenship, believes that the debate transcends the professional aspect to raise questions related to equality within Morocco's legal system.

She considers that the draft law raises questions about the extent to which some of its provisions align with Article 19 of the Moroccan Constitution, which stipulates that men and women enjoy equal rights and freedoms, and that the government is committed to working toward achieving the principle of parity.

She explained that the debate centers on certain provisions related to testimony and documentation within the notary profession—a profession of legal documentation that is responsible for drafting marriage, divorce, and inheritance contracts, as well as other civil contracts.

She believes that the wording of the draft does not definitively establish full equality between men and women within the profession, which may, in her view, lead to the continuation of restrictions limiting women's exercise of certain competences.

She emphasizes that empowering women should not be limited to opening the doors of legal professions to them, but should include full recognition of their legal capacity and the guarantee of equality in competences and responsibilities. She considers that any legislative ambiguity in matters related to testimony and documentation may raise concerns about the continuation of restrictions limiting women's exercise of certain competences.

She also stressed that the debate is not only about the notary profession itself, but about the status of women within Morocco's legal system and the extent to which constitutional principles of equality are reflected in national legislation. She considers that the revision of the law regulating the notary profession represents an opportunity to establish clearer legal equality within the sector of religious legal documentation, in line with the Moroccan Constitution and the Kingdom's commitments in the field of human rights.

The Challenge Association for Equality and Citizenship had previously called, in an earlier statement, for the alignment of national legislation with constitutional provisions relating to equality and non-discrimination.

The Constitutional Court's ruling adds a new dimension to this debate, as it found in its reasoning that certain formulations in the draft lack clarity and precision, opening the door to divergent interpretations and applications that may affect the requirements of legal security.

The Court also noted cases of legislative omission in certain provisions, including those related to guaranteeing the continuity of the public notarial service, leading it to declare a number of articles unconstitutional and to refer the debate back to the legislative sphere.

For its part, the Ministry of Justice affirms that the draft law falls within a vision aimed at modernizing the notary profession and enhancing its role within the justice system, through revising access conditions, strengthening initial and continuing training, developing professional qualification mechanisms, keeping pace with digital transformation, in addition to provisions aimed at enhancing women's representation within professional structures.

Between the official approach that presents the draft as a step toward modernizing the profession's legal framework, and the professional and rights-based demands calling for broader reforms, the Constitutional Court's ruling has brought the debate back to the forefront, giving the file new momentum for public discussion.

Thus, the future of the notary profession has become part of a broader dialogue on ways to translate constitutional principles into clear legal texts and institutional practices that guarantee legal security, equality, and equal opportunities.