Perspectives Vol42

67 MARTINDALE CENTER FOR THE STUDY OF PRIVATE ENTERPRISE contributor underscores the need for targeted strategies addressing both economic empowerment and barriers to reporting of DV. Current laws applicable to gender-based violence In the past decade, the Moroccan government has made a commitment to implementing laws and regulations to combat discrimination against women, more specifically VAW. In 2006, the UN successfully placed the issue on the Moroccan government’s radar via a study that highlighted the negative impact GBV has on women’s social, political, and economic empowerment (Hanafi & Alaoui, 2014). Since then, clear progress has been made, but a great deal of work is still to be done to eliminate VAW in Morocco altogether. One of the main prevention efforts Morocco has taken thus far is introducing new laws, such as Law 103.13 on combating VAW, in 2018, which clearly outlines consequences for perpetrators of GBV and protects victims of violence, as outlined by the UN Office of the High Commissioner for Human Rights (United Nations, Office of the High Commissioner..., 2022). Additionally, police units for women victims of violence have been restructured at all of Morocco’s main police stations in the past five years. These units are vital as they provide women a safe space to report incidences of abuse along with temporary housing for them and their children, if their situation requires leaving home (UN Women, 2021). In the past 20 years, the global conversation surrounding GBV has undergone a profound transformation, catalyzed by feminist movements, increased awareness through media and education, and the advocacy of international organizations. This shift empowered over 125 countries to enact laws directly targeting DV (Gerntholtz, 2016). The laws vary in intensity and impact, with sanctions for perpetrators of DV depending on factors such as location, cultural values, and religion. However, challenges persist, particularly in countries like Morocco, where, despite the implementation of Law 103.13, which sanctions perpetrators of sexual harassment in the workplace and certain cases of DV, including rapists (excluding marital rape), underreporting of abuse remains rampant (Borgen Project, 2020). While Law 103.13 marks progress, it does little to lessen underreporting instances of abuse. Moreover, the existing Penal Code also falls short in preventing violence and lacks the provisions to adequately address all forms of GBV. This deficiency is exemplified by the failure to define marital rape as a crime, undermining efforts to protect and support survivors. Morocco has made minimal legislative efforts aside from implementing a Penal Code reform, which itself fails to adequately protect women against the dangers of DV—the term itself is not even defined in the Code. The current laws targeting GBV prevention do not account for cultural norms within the highly patriarchal communities of Morocco. Nor do they sufficiently delineate what effective preventive measures should entail. Instead, the laws are narrowly focused on what happens to victims and perpetrators after the damage has already been done. This can be seen in Law 103.13, which was enacted as a way to combat GBV yet mentions no preventative measures. It would appear the law’s main goal is to recognize VAW as a form of discrimination. According to antipoverty advocacy nonprofit, the Borgen Project (2020), Law 103.13 prohibits certain violent behaviors against partners and empowers authorities to intervene in domestic situations if needed. It enables abused women to press charges against their abusive partners or family members. However, it neither provides financial assistance to victims or survivors of violence nor funds shelters for those seeking refuge from abusive environments. The law mandates that police must assist abused women. Despite this mandate, the police did not follow through with recording victims’ statements and, in some cases, made them return to their abusive partners. In the Borgen Project’s view, Law 103.13 failed in creating a system that holds authorities accountable for their duties to protect victims of violence. To ensure the end of VAW in Morocco, lawmakers must recognize that laws with general language and loose sanctions are insufficient, especially in a nation with entrenched patriarchal values. In addition to the introduction of stricter legislation, a broader discussion needs to be had about women’s systemic injustice in Morocco and how GBV persists as a result. Comprehensive sexual education for Morocco In a 2016 letter of conveyance of findings to the Government of Morocco, Liesl Gerntholtz, the director of the Women’s Rights Division of Human Rights Watch, laid out her organization’s observations regarding the Moroccan government’s stated commitment to gender equality and freedom from violence as well as recommendations for how they could continue to improve their legal reform processes to adequately address DV specifically. Her letter called for accelerated legal reform and the inclusion of civil society participation in these efforts. The inclusion of civil society in legal reform and the shift in

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