During his visit on April 28, 2025 to the program “Info opposite»Disposed on Morning TVl’lawyer et militant of the human rights Ghizlane mamouni has severely criticized the indulgence of justice towards the authors of sexual assault on women. Evoking the affair of viol of a woman suffering from mental impairmentshe said she was rebellious by the inability of judicial system to effectively protect women victims of rape, as well as children born out of wedding. Outraged by the lightness of combs pronounced, and indignant by the absence of legal recognition Children born out of marriage, Master Ghizlane Mamouni pointed out a jurisprudence that she judges unfair. The lawyer deplored a judicial system based on a rigid vision of the family order, failing to guarantee adequate protection for the victims, despite the constitutional and ethical principles supposed to guide her action. According to Mamouni, this situation reflects a systemic failure which prevents the most vulnerable from benefiting from their fundamental rights, in particular in matters of protection against violence.
A one year sentence for recognized rape: “scandalous”
The lawyer supported his remarks by recalling the results of a recent study conducted by a journalistwhich highlights a disturbing reality. “In only 11% of cases in Moroccoconvictions for rapes, including pedocriminalsexceeds five years, while the law provides for more severe penalties, “she said. According to this lawyer, these figures illustrate an alarming gap between the requirements of loi And their application, thus strengthening the feeling of impunity in the perpetrators of sexual violence. According to her, this observation is the incapacity of the judicial system to protect the victims, especially the most vulnerable.*
An unjustified criminal reclassification
In addition, Ghizlane Mamouni vigorously challenged the legal foundation of this requalification, recalling in this sense that the constituent elements of rape were indeed gathered in this case, but that the court chose to ignore them. For her, this decision testifies to a deliberate desire to alleviate the gravity of the crime.
“Justice in phase shift with social realities”
Asked about the difficulties encountered in general in rape affairs, Ghizlane Mamouni highlights the inconsistency which characterizes, according to her, sometimes the Moroccan Judicial Systemn. “When there is no evidence, it’s simple, it’s classified without follow -up. But there, I am talking about a case where there was condemnation and, despite this, the penalty is one year, “she deplored, stressing the flagrant contradiction between the gravity of the facts and the lightness of the sanction. For her, this is a disturbing trend: “In almost 33% of business, the sorrows are accompanied by suspended, which strengthens impunity felt.”
For Ms. Mamouni, the problem goes beyond the simple framework of the case in question and is a dysfunction. “The problem is also structural,” she said, calling for a deep questioning. Furthermore, the speaker calls to break with “this judicial logic which promotes inaction and indulgence”, recalling the example of the Tiflet affair where the convictions had been deemed scandalously light.
In addition, Ghizlane Mamouni has castigated the inequality between Children born of weddings legitimate and those born out of marriage. The lawyer protests against a legal vision which, in hollow, consecrates the marginalization of the child, by treating him as an anomaly. She deplored that the child was considered a “victim of his existence”, in other words as a stigmatized person from birth. For her, this perception denies the child his full humanity and reduces it to a devalued legal status, a direct consequence of a legally denied and morally depreciated filiation.
The question of filiation: a “legal and moral impasse”
But beyond the “legal contradiction”, Maître Mamouni alerted to the human and moral implications of this “legislative gap”. By refusing to recognize the link between a father and his child, despite established scientific evidence, the Moroccan law opens the way to situations with irreparable consequences. “This child could, in a few years, marry his half-sister, or even his biological father. And for the Court of Cassation, it is OK, “she warned, denouncing a disturbing indifference of the judicial institution in the face of the risks of” involuntary incest “. According to her, the silence of the law on biological parentage In cases of Birth outside marriage is not only an injustice: it is a concrete endangerment of society and its ethical foundations.
This is why Master Ghizlane Mamouni forcefully denounces the hostility of some religious authorities and institutional vis-à-vis scientific advances, in particular DNA tests, in parentage affairs. For her, “these authorities prefer incest to the recognition of evidence and refuse to admit biological expertise as a legal proof tool, in the name of a fixed conception of the family public order”. This position, she underlined, prevents any legal recognition from a parentage link as soon as it results from a birth outside marriage, even when biological parentage is scientifically established. And to be indignant: “Religious morality supplants fundamental rights” and “the preservation of a family structure supposedly legitimate to prevail over the protection of the child”.
For Master Mamouni, this “ideological posture”, implicitly or explicitly supported by the Superior Council of Ulemas and endorsed by the silence of the Ministry responsible for Islamic Affairs, led to situations of extreme gravity. “It is a denial of humanity on the part of institutions supposed to guide society, but which encloses justice in anachronistic dogmas”.
Recalling article 32 of the Moroccan Constitution imposing onÉtat To protect all the children, Master Mamouni considered that this provision was flouted. “We have two categories of children in our country: legitimate children, and others, considered as bastards,” she denounced by calling for breaking with the old family conceptions and opening their eyes to the realities of society.
