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Law no. 103-13 on combating violence against women, adopted by the House of Representatives on February the 14th, is again making headlines. Reacting to it, Human Rights Watch (HRW) shed light on the flaws and strengths of this law through a statement issued Monday, 26th of February, on its official website.
The international non-governmental organization that conducts research and advocacy on human rights, thus, stated that «Morocco’s new law on violence against women provides protections for survivors but contains gaps that should be addressed». The law «finally recognizes some forms of abuse that many women face from their husbands and families», Rothna Begum, Middle East and North Africa women’s rights researcher at Human Rights Watch. According to the researcher «Morocco should address gaps to ensure that all survivors are protected from abuse, and police and prosecutors do their jobs».
Domestic violence
In fact the new law «criminalizes some forms of domestic violence, establishes prevention measures, and provides new protections for survivors», said the same statement.
Yet, it «does not assign duties to police, prosecutors and investigating judges in domestic violence cases, nor does it provide funding for shelters where women victims of violence are accommodated», wrote Human Rights Watch.
Moreover, the new law does not provide a clear definition for «domestic violence and does not explicitly consider it a crime when a woman is raped by her husband. The NGO adds that the law «obligates public authorities to take prevention measures, including programs to raise awareness on violence against women. It also provides for specialized units to serve the needs of women and children in courts, government agencies, and security forces, and local, regional, and national committees to address women’s and children’s issues».
Protecting survivors
The INGO had already carried out a survey and «has documented problems with the few existing units and the law does not include mechanisms to monitor the units or committees, or hold authorities accountable if they fail to carry out their duties». According the HRW, the law leaves women at risk of domestic violence, including a lack of provisions to finance the reforms.
Saïda Kouzzi, co o-founder of the Moroccan women’s rights organization Mobilizing for Rights Associates (MRA) and contacted by the INGO, points out another problem that women might be dealing with. «Access to safe and stable housing is a serious problem for abused women and their children, who are often forced to flee their work and school, become homeless, or return to a violent situation», adds the activist.
No financial assistance to victims «set out concrete duties for police, prosecutors, and other law enforcement and judicial officials in domestic violence cases». Moreover, it «investigates allegations of abuse, and refused to arrest domestic abuse suspects, even with an order from prosecutors. In some cases, police told victims to return to their abusers», said HRW.
Another flaw in the new law is that it does not «provide financial assistance for survivors» nor does it «define the government’s role in providing support and services to domestic violence survivors, including for shelter, health services, mental health care, legal advice, and hotlines,» the same source added.
«Morocco’s government has taken an initial positive step in adopting this law, but now it should implement it and extend further protections», concluded Begum.
