Dáil Éireann Debate, Thursday - 29 March 2012
37 Deputy Martin Ferris asked the Tánaiste and Minister for Foreign Affairs and Trade if he will call on the Moroccan Government to immediately repeal Article 475 in Morocco’s penal code which allows a rapist to avoid prosecution and a long prison sentence by marrying his victim if she is a minor; and if he will also call for the passing of legislation in Morocco prohibiting violence against women. [17228/12]
View answerThe Government's deep concern and revulsion at the tragic case of Amina Falili has already been stated during the course of a debate in this House last week. She was raped and then forced to marry her assailant so as to prevent him from being prosecuted for his appalling and heinous crime. Amina also suffered appalling domestic violence at the hands of her husband which ultimately led her to take her own life.
Morocco has in recent years taken some steps to empower women in Moroccan society. The adoption of the Family Code in 2004 was a major milestone in improving the protection of women's right in Morocco, including by raising the age of marriage to 18 and prohibiting polygamy. The new Moroccan constitution, which was adopted by referendum last year, has for the first time recognised gender equality. While these are steps in the right direction but it remains clear further steps are needed to protect women who have been the victims of rape or domestic violence, including the repeal of Article 475 that permits such an appalling miscarriage of justice as was suffered by Amina.
Amina's death has resonated considerably within Moroccan society and prompted many Moroccans to seek changes to this draconian law. I fully support the demands of human rights defenders in Morocco for an immediate repeal of Article 475. I would also strongly urge the Moroccan authorities to launch a full investigation into the death of Amina and the important issues it raises.
Morocco will undergo the second review of its human rights obligations and commitments as part of the Universal Periodic Review Process at the next UN Human Rights Council session commencing in May this year. Ireland and its EU Partners will engage with Morocco in the course of the latter on the human rights situation in Morocco, including recommendations on necessary reforms to the penal code to ensure greater protection of women to provide for greater equality and empowerment of women in Moroccan society.
