The persistence of gender roles in legal discourse facing the reform of the Moroccan Mudawwana
Abstract
Language is the fundamental instrument for communicating and shaping the values, behaviours and roles that distinguish people in the exercise of social functions. The Moroccan Constitution recognises the rights to equality between men and women and to non-discrimination. However, this formal recognition is insufficient in practice in the actual realization of rights due to a range of factors among which the laws and the legal discourse play an essential role. The Mudawwana represents a paradigmatic case of the survival of discriminatory laws in the Moroccan legal system. The main objective of this paper is to review the language of the above-mentioned text and the most controversial legal figures, as well as the changes experimented in this law, in view of its imminent reform, from a feminist perspective to highlight both the inconsistencies and the presence of sexist terms and articles, as well as the transformative capacity of law.
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