1 00:00:00,930 --> 00:00:09,450 Thank you very much. It has often been assessed to what extent the new Moroccan family code, which was issued in 2004, 2 00:00:11,250 --> 00:00:21,209 has improved the position of women under law and the extent to which the reform has contributed to a so-called feminisation of the public sphere. 3 00:00:21,210 --> 00:00:24,600 And it's already touched upon these issues a little bit. 4 00:00:25,890 --> 00:00:33,570 But the extent to which the law has changed the relationship between citizens and states and redefined the states, 5 00:00:33,960 --> 00:00:36,690 declaring the state's role has mostly been overlooked. 6 00:00:37,800 --> 00:00:44,190 The most important change the Family Code of 2004, introduced from a state controlled perspective, 7 00:00:44,640 --> 00:00:48,390 is the new requirement for citizens to register their marriage and divorce. 8 00:00:49,500 --> 00:00:56,729 Previously, a registration was not necessarily necessary, and the groom and the bride just turned to the local imam. 9 00:00:56,730 --> 00:01:01,590 And in the presence of witnesses and the were the traditional notaries, 10 00:01:02,520 --> 00:01:08,160 the imam would pronounce the party how the process would ask the court to seal the bond of marriage. 11 00:01:09,540 --> 00:01:12,750 I would argue that's during the process of family law reform. 12 00:01:13,980 --> 00:01:19,350 Redefinition of state society relations took place during which the state assumes new 13 00:01:19,350 --> 00:01:25,290 responsibilities and aspect expanded its reach into the previously private sphere, 14 00:01:25,590 --> 00:01:36,210 partly by administrative means. In this process, the state establishes a new monopoly of control and definition over what is the family. 15 00:01:37,410 --> 00:01:42,479 The newly assumed dominance over family matters meant that these were more and more 16 00:01:42,480 --> 00:01:47,700 taken out of the hands of the religious establishments and in the hands of the state. 17 00:01:48,240 --> 00:01:52,860 A very similar process happened in Germany during the 19th century, 18 00:01:52,860 --> 00:02:02,520 when Bismarck famously introduced civil marriage after a long lasting conflict with the church, the so-called couture camp. 19 00:02:03,270 --> 00:02:12,510 So I would also like to stress that's in a historical analysis of this development. 20 00:02:12,810 --> 00:02:20,220 It's dangerous because we often overlook that similar developments have taken place in Europe, 21 00:02:20,970 --> 00:02:24,960 which are very similar to the developments currently taking place in Morocco and other states. 22 00:02:25,710 --> 00:02:34,230 I would argue that the redefinition of state's responsibilities was further facilitated by a general process of secularisation, 23 00:02:34,230 --> 00:02:41,310 during which secular capital was seen in Crete as increasingly valuable to contribute to family matters. 24 00:02:41,880 --> 00:02:51,450 This can already be observed during the process of family law reform when in comparison to the process which took place in the 1990s, 25 00:02:51,750 --> 00:03:00,300 the contribution of laypeople to the reform in 2004 was seen as increasingly valuable and positive as 26 00:03:01,290 --> 00:03:09,390 this growing valuation of secular capital allowed for the creation of the new profession of social, 27 00:03:09,540 --> 00:03:15,060 social assistance and its legitimacy as civil servant. 28 00:03:15,330 --> 00:03:24,840 Trends and Project Management, Psychology, Mediation, economics, gender and human rights include among other secular subjects. 29 00:03:25,680 --> 00:03:32,940 The profession was formally introduced in 2011 as part of the UN funded program to increase 30 00:03:32,940 --> 00:03:38,280 women's access to the judiciary and to improve the application of the Family Court. 31 00:03:39,870 --> 00:03:43,470 Besides the increasing secular secularisation trends, 32 00:03:43,860 --> 00:03:48,899 the creation of the position of social assistance underlines the new understanding 33 00:03:48,900 --> 00:03:53,550 of state responsibilities and the state's expansion into the private sphere, 34 00:03:55,320 --> 00:04:00,810 during which the linkages between states and citizen have increased. 35 00:04:01,740 --> 00:04:09,430 I would now like to briefly explain a little what the role of the social assistance is and how he operates. 36 00:04:10,140 --> 00:04:16,200 And in order to show the increasing penetration of the family, both by the state, 37 00:04:16,710 --> 00:04:24,840 and then conclude that this role has been part of a more general process of secularisation that touches upon other areas as well. 38 00:04:26,070 --> 00:04:33,780 According to the guidelines, the Ministry of Justice has elaborated in order to clarify and define the tasks, 39 00:04:33,780 --> 00:04:37,410 qualifications and competencies of all civil servants. 40 00:04:37,710 --> 00:04:41,400 The socialist system is supposed to facilitate the work of the judge. 41 00:04:42,120 --> 00:04:46,620 He or she will file a report in the case of a minor marriage. 42 00:04:47,610 --> 00:04:51,390 In the cases of polygamous marriage, among other cases, 43 00:04:51,630 --> 00:04:58,170 to provide the judge was accurate information regarding the social situation of the conflicting parties. 44 00:04:59,400 --> 00:04:59,910 The justice. 45 00:05:00,030 --> 00:05:09,810 Then able to make a more informed decision and issue the judgement more promptly as a delay in judgements is the major problem in Morocco. 46 00:05:10,320 --> 00:05:19,610 The idea is that judicial procedures will become more efficient and that way the social assistance is also supposed to help families 47 00:05:19,620 --> 00:05:29,490 who face difficult situation or experience internal conflicts to find solutions to the problems and to mediate between them. 48 00:05:30,960 --> 00:05:33,660 So what are the main tasks of the social systems? 49 00:05:33,750 --> 00:05:41,580 The social system which works for the judge, he or she would conduct a social inquiry by visiting the family home, 50 00:05:42,390 --> 00:05:54,000 interviewing people in cases of kafala, loosely translated as adoption, the marriage of minors in Morocco, the legal age of now 18. 51 00:05:54,000 --> 00:06:02,060 But the judge in specific cases can can authorise the marriage before 18, which happens very frequently. 52 00:06:02,820 --> 00:06:07,860 The marriage of mentally disabled people, custody cases, divorce and polygamy. 53 00:06:08,670 --> 00:06:16,020 According to interviews conducted with social assistance in Tunisia and Casablanca in adoption and custody cases, 54 00:06:16,030 --> 00:06:20,370 the social systems would seek to realise the best interest of the child. 55 00:06:20,370 --> 00:06:29,579 And we have already heard that in the previous presentation as this is a requirement of international conventions, 56 00:06:29,580 --> 00:06:36,090 Morocco has signs and this very underlines the increasing penetration of 57 00:06:36,090 --> 00:06:44,700 international legal mechanisms of family matters in cases of under age marriage. 58 00:06:44,730 --> 00:06:53,459 The social assistance visits the family was placed to demand in order to see whether financial constraints obliged the family 59 00:06:53,460 --> 00:07:01,140 to marry the daughter and whether the girl is pursuing an education that could be interrupted in the case of marriage. 60 00:07:02,310 --> 00:07:05,310 According to the social assistance interviews, 61 00:07:05,730 --> 00:07:12,120 judges have dismissed cases in which families wanted to marry their daughters for financial reasons as illegitimate. 62 00:07:13,020 --> 00:07:24,600 It also includes checking the medical certificate, which needs to be presented to the judge in order to to certify the physical maturity of the girl. 63 00:07:26,070 --> 00:07:33,510 But the social system would also conduct interviews with the girl and her fiancee 64 00:07:33,750 --> 00:07:37,140 in private in order to see whether they were pressured into the marriage. 65 00:07:37,860 --> 00:07:42,509 He would also do a follow up after in case the marriage has been concluded, 66 00:07:42,510 --> 00:07:53,670 in order to check if an underage marriage is good or bad and whether there are negative implications for the girl. 67 00:07:54,810 --> 00:08:03,900 In cases of polygamy, the socialist system would conduct the survey in order to investigate whether the first wife was physically healthy 68 00:08:03,900 --> 00:08:10,290 and informed about the husband's husband taking a second wife and investigated whether she has given her consent. 69 00:08:11,100 --> 00:08:17,160 Other measures of interests are the material circumstances of the men asking for a polygamous marriage, 70 00:08:17,700 --> 00:08:23,010 whether he is capable of financially financially supporting two wives equally. 71 00:08:24,060 --> 00:08:29,070 One of the social assistance statements explaining her experience. 72 00:08:29,250 --> 00:08:36,330 Often the husbands say that the woman is a woman, and when I do my home visit, I find that the woman is not but young and healthy. 73 00:08:36,780 --> 00:08:42,990 I then do my report, and often the judge refuses the polygamous marriage and bases himself on my findings. 74 00:08:44,430 --> 00:08:49,260 Another area in which the social system would intervene is so reconciliation. 75 00:08:49,740 --> 00:08:55,440 In cases of divorce, the justice can delegated the obligatory reconciliation session, 76 00:08:55,440 --> 00:09:07,350 which is fixed in the 2004 law to the social assistant who then carries out the session in order to mediate between conflicting parties. 77 00:09:07,770 --> 00:09:15,510 And according to experience, these sessions normally takes 2 to 3 hours and results are very mixed. 78 00:09:15,960 --> 00:09:19,350 Sometimes the reconciliation process is successful. 79 00:09:19,710 --> 00:09:26,430 In other cases, it's not. The social system faces considerably difficulties in their job. 80 00:09:27,660 --> 00:09:38,550 They are all very young. They've only been recent graduates of this institute, and most of them are in their early twenties and lack experience, 81 00:09:41,280 --> 00:09:48,510 which has been criticised by my colleagues in the courts by Women's Rights Association. 82 00:09:50,010 --> 00:09:57,570 One of the social assistance interviewed said at the beginning it was difficult because people always said, Oh, you are so young, you are not a judge. 83 00:09:57,870 --> 00:10:05,350 But now I have more, more. Perience how to react and people are happy that when they realise that they are listened to. 84 00:10:05,590 --> 00:10:15,250 So while practising this job, most social assistant said that they gained more security and more respect us. 85 00:10:16,720 --> 00:10:21,190 Sometimes they try to circumvent the lack of experience and their very young age 86 00:10:21,190 --> 00:10:27,430 by into inventing a certain sympathetic narrative as one of these systems admits. 87 00:10:28,750 --> 00:10:32,110 Sometimes we are obliged to say that we are married and have children. 88 00:10:33,280 --> 00:10:39,400 There was one case where a woman told me that she thought numbers of the of women in her husband's calendar. 89 00:10:39,700 --> 00:10:46,870 I said that I have been in the same situation and that I found that all the contacts of my husband were professional working contacts. 90 00:10:47,620 --> 00:10:50,410 You always have to create a feeling of commonality. 91 00:10:50,440 --> 00:11:03,520 You have to cite examples of your own family as people are not familiar with this new state practice of interference in private matters in such a way. 92 00:11:04,090 --> 00:11:09,940 The social assistance sometimes refused access to the home in the first place and needs to 93 00:11:09,940 --> 00:11:16,330 present this authorisation by the attorney in order to convince people to allow him access. 94 00:11:17,410 --> 00:11:23,200 Particularly, men feel that the social system is biased because a large majority of them are women. 95 00:11:23,740 --> 00:11:28,360 Only two out of the 24 trained assistance in 2011 were men. 96 00:11:29,110 --> 00:11:32,350 One of these assistants explains her experience. 97 00:11:32,740 --> 00:11:37,750 Men sometimes say you are in favour of the woman and you defend the interests of women. 98 00:11:38,110 --> 00:11:40,360 They think that what they want is for women. 99 00:11:40,480 --> 00:11:49,570 Be always, say, objective and explain that you don't want is for the family and that we look to realise the interest of the family of a single person. 100 00:11:51,100 --> 00:11:59,500 The Social Assistance also facility also faces difficulties related to material resources. 101 00:11:59,800 --> 00:12:06,580 Sometimes they cannot do with the follow up of cases because they don't have enough social assistance operating. 102 00:12:07,480 --> 00:12:17,230 And they also sometimes feel that they are not adequately trained for the job and to deal with severe psychological conditions, 103 00:12:17,890 --> 00:12:23,580 as that is sometimes the case. The skills and training of the social assistance. 104 00:12:23,650 --> 00:12:30,100 Underline a general process of secularisation that can be observed in the judicial field as well as in other fields. 105 00:12:30,610 --> 00:12:38,620 The guidelines drafted by the Ministry of Justice list the competencies necessary to carry out the profession of social assistance. 106 00:12:39,400 --> 00:12:48,040 He is required to know, among other things, the Moroccan Constitution, the organisation of the Judiciary, Criminal Family Law, 107 00:12:48,040 --> 00:12:55,930 international conventions, moral quest ratified in relation to women and children, dialects and languages. 108 00:12:56,200 --> 00:13:02,860 The professional skills seen as important are the capacity to give psychological supports. 109 00:13:03,250 --> 00:13:07,840 Knowledge of statistics, team working skills and sense of responsibility. 110 00:13:08,500 --> 00:13:16,780 Even though the main area of intervention is nexus of family law, which is still perceived and referred to as Islamic law, 111 00:13:17,290 --> 00:13:28,639 religious knowledge or knowledge of the Sharia is not stated as a necessary competence as it has the latitude. 112 00:13:28,640 --> 00:13:34,300 Nothing add to the lifestyle associated in Taji, where most of the social assistants are trained. 113 00:13:34,720 --> 00:13:38,350 Religious education is not part of the curriculum. 114 00:13:39,760 --> 00:13:46,840 The social assistance said that when they talked about the Family Court, they briefly touched upon the Islamic dimension of the court. 115 00:13:47,560 --> 00:13:51,310 This is then used in order to improve their communication skills. 116 00:13:52,000 --> 00:13:58,990 One of the assistant states we know very well that the verses of the Quran that talk about reconciliation, 117 00:13:59,620 --> 00:14:02,979 whether we use them or not during a reconciliation session, 118 00:14:02,980 --> 00:14:13,030 depends on the couple of knowledge of Islamic law is in this sense seen as a communication tool rather than subject of importance of its own, 119 00:14:13,480 --> 00:14:19,810 such as the constitution or international conventions of which are taught as separate subjects. 120 00:14:21,070 --> 00:14:27,490 The increasing value of cultural capital that is not religious can also be observed by looking 121 00:14:27,490 --> 00:14:33,880 at the educational backgrounds of judges that applied the form of the Islamic family law. 122 00:14:34,510 --> 00:14:38,380 In the family courts, which were established after 2004. 123 00:14:39,280 --> 00:14:45,370 Statistics by the Ministry of Justice show that the number of candidates who hold a degree from Sharia 124 00:14:45,370 --> 00:14:53,019 faculty that entered the Institute Superior Court to the institution responsible for training the judges, 125 00:14:53,020 --> 00:14:59,710 the future judges is very low. Between 1990 and 2011, only about 2% of. 126 00:14:59,820 --> 00:15:07,290 All candidates who pass the exams to enter the institute had a degree from Sharia faculty. 127 00:15:07,620 --> 00:15:16,410 All other judges studied secular law. The overwhelming majority had studied private law secularism. 128 00:15:16,800 --> 00:15:21,240 Only in 2009 was the number of Sharia graduates slightly higher, 129 00:15:21,600 --> 00:15:26,880 which was which was seen as an attack on the institution by responsible at the Ministry of Justice, 130 00:15:27,240 --> 00:15:29,850 who just couldn't explain himself how that could happen, 131 00:15:30,270 --> 00:15:39,480 since the exams are designed in a way to keep the Sharia graduates out of the system because they are seen as less qualified. 132 00:15:41,220 --> 00:15:47,790 The work of the social assistants has been criticised by women's rights organisations and court employees. 133 00:15:48,570 --> 00:15:55,200 It has been remarked that there are too few social assistance by employees in the courts and organisations. 134 00:15:55,230 --> 00:16:00,840 Likewise, the UN, the state only started recruiting assistants in 2011. 135 00:16:01,110 --> 00:16:05,550 So the whole development is very recent of literally hundreds. 136 00:16:05,880 --> 00:16:11,430 Future social assistance were supposed to be recruited due to a lack of appropriate candidates. 137 00:16:11,670 --> 00:16:23,610 The Ministry of Justice then only recruited 32, and out of the 32 only 24 finished the formation of six months in 2012. 138 00:16:24,960 --> 00:16:30,150 The ministry has recruited hundreds of social assistance, which will start working this year. 139 00:16:30,690 --> 00:16:38,200 The aim is that in bigger cities there will be 2 to 3 in social assistance and in smaller cities one per tribunals. 140 00:16:42,060 --> 00:16:50,280 Despite these obvious shortcomings, which are partly due to the recent creation of the position, 141 00:16:50,430 --> 00:16:57,329 the institutionalisation of the Social Assistance supports the idea that through family law reform, 142 00:16:57,330 --> 00:17:06,210 a reduced mission of state responsibilities took place during which linkages between the states and the citizens have increased. 143 00:17:06,990 --> 00:17:12,900 This was partly the case through an increasing administrator's bond between citizen and state, 144 00:17:13,290 --> 00:17:17,130 and due to the fact that people need to register the marriage and divorce, 145 00:17:17,670 --> 00:17:24,150 which in reality it remains an aspiration due to the very high number of individuals took marriages. 146 00:17:25,110 --> 00:17:32,610 Nevertheless, in the course of this process, the state has literally entered the home of the citizen. 147 00:17:34,200 --> 00:17:39,360 The most private nexus the family has become nexus of of public concern. 148 00:17:40,560 --> 00:17:47,280 The state becomes a social mediator that sees himself responsible for mediating between different factions. 149 00:17:47,610 --> 00:17:51,450 The guidelines of the Ministry of Justice also state that the social assistance, 150 00:17:51,540 --> 00:17:57,780 as well as the judges and family courts, are supposed to improve the image of the Ministry of Justice. 151 00:17:58,330 --> 00:18:06,030 Well, in my interviews with social assistance and judges, likewise, they never stated that as one of their main responsibilities. 152 00:18:06,830 --> 00:18:12,600 But it seems likely that the state sees this new profession as a mechanism to improve its 153 00:18:12,600 --> 00:18:18,900 image by presenting itself as a mediator and by trying to address people's private concerns. 154 00:18:19,170 --> 00:18:19,560 Thank you.