Episode 4 - Why is it difficult for women to access justice?

Why is it difficult for women to access justice?

While access to justice is a human right that should be ensured for everyone, in reality, men and women have different experiences and face different obstacles. This right is also influenced by the societal, religious and cultural beliefs of a country. Why is it difficult for women to access justice? To what extent does a patriarchal interpretation of the laws perpetuate and sustain double standards for women? How does this patriarchal interpretation affect women’s access to justice? And what role does religion play in this context?

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    In the fourth episode of ECDPM’s podcast series ‘Minding the gap: conversations on gender’, Sara Gianesello talks to Houda Zekri, Moroccan gender expert, and Stephanie Willman Bordat, a founding partner at MRA - Mobilising for Rights Associates, based in Rabat. They delve into the Moroccan justice system to shed light on the challenges and obstacles that women face when seeking justice.

    About the guests

    Houda Zekri is a consultant in international cooperation, family law, gender equality and migration.Her fields of expertise are Moroccan family law; Moroccan immigration law and nationality; gender-based violence and gender equality and Islam. Houda has more than 10 years of experience in the management of cooperation projects between civil society and NGOs in gender equality and women’s rights.

    Stephanie Willman Bordat is a founding partner at MRA (Mobilising for Rights Associates). Based in Rabat, she has worked for over 23 years in collaboration with diverse NGOs and legal practitioners across the Maghreb to promote women’s human and legal rights. Stephanie also publishes academic pieces on women’s rights issues and conducts research training and mapping work as a consultant on women’s rights and gender.

    Listen to the episode

     

    The views expressed in this episode are those of the author and guests and not necessarily those of ECDPM. This episode was recorded in the wake of a powerful earthquake that struck Morocco in September 2023, killing and injuring thousands of people and causing widespread destruction. We invite you to visit the Moroccan Red Crescent’s website for more information on how to help those living with the consequences of this disaster.

    Episode breakdown

     

    01:12 - Access to justice is a human right

    02:20 - Why are we focusing on Morocco?

    02:44 - Introducing our guests

    04:00 - The Moroccan justice system at a glance

    06:25 - The connection between justice, culture and religion

    07:45 - What Islam are we talking about?

    10:30 - A feminist look at Qiwamah and the justice system

    13:00 - The 3 phenomena blocking women's access to justice in Morocco

    16:01 - The perpetuation of social stigmas by the Law

    19:31 - The way the Law looks at marriages with minors

    23:40 - What happens after women get a divorce?

    27:34 - Land rights for Berber women, but not for all Moroccan women

    28:26 - Taking decisions as a mother

    32:12 - Sex and money as sources for men's power, privilege and impunity

    34:51 - A girl, her father and the missing husband

    39:13 - Seizing some opportunities for change

    41:46 - Small amendments won't cut it anymore

    45:35 - Deciding to stay positive

    47:32 - Getting rid of window dressing

    49:09 - True change always comes from the people

    Coming up

    In our next and last episode of the series, Hanne Knaepen and her guest will talk about gender-sensitive climate action in cities and learn how women empowerment, climate action, and urban development are interlinked.

    Previous episodes

     

    • Are we critical enough of gender expertise?

    In the first episode of the series, Kawsar Laanani and Maëlle Salzinger navigate key tensions and obstacles around the concept and practice of gender expertise. Drawing from their own experiences and using an intersectional feminist perspective, they delve into the rising presence of gender experts in international cooperation and offer insights on how we can collectively do better to advance gender equality.

    Find more information about this episode, including some recommended readings from the hosts, here.

    • Why is it difficult to engage boys and men in the fight for gender equality?

    In the second episode of ECDPM's podcast series 'Minding the gap: conversations on gender', Karim Karaki talks to gender expert Carla Pagano about the role boys and men play in supporting or undermining gender equality. Drawing on Carla's over 20 years of experience, they explore why it is important to involve them in gender equality efforts and provide practical examples of how this is already being done. They also delve into how patriarchal structures can negatively affect men. 

    Find more information about this episode, including some recommended readings from the host and guest, here.

    • Why is it difficult to engage boys and men in the fight for gender equality?

    In the third episode of ECDPM's podcast series 'Minding the gap: conversations on gender', Cecilia D'Alessandro talks to Dr. Debisi Araba, a member of the Malabo Montpellier Panel. Drawing on the recently released report “BRIDGING THE GAP: Policy Innovations to Put Women at the Center of Food Systems Transformation in Africa”, they zoom in on the experience of four African countries that have made significant strides in empowering women and ensuring their active involvement in food systems.

    Find more information about this episode, including some recommended readings from the host and guest, here.

    About the podcast series

    'Minding the gap: conversations on gender' is ECDPM's podcast series entirely devoted to shedding light on topics in which gender is often overlooked, but where promising lessons are emerging. 

    Who is a gender expert? Why is it important to engage men and boys in fighting for gender equality? How are women empowerment, climate action, and urban development interlinked?

    Throughout the episodes, you will hear from researchers, activists and experts working in Europe, Africa and the MENA region to gain insights into what we can collectively do to build a society based on gender equality.

    Recommended readings

    For a deep dive into this topic, Sara recommends the following work:

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