The Human Rights Warrior

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Tag Archives: Domestic violence


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Amina Filali and Violence Against Women in Morocco

Morocco demonstration

Demonstrations in Morocco after the suicide of Amina Filali

 Image source

Amina Filali was only 16 years old when she took her own life.  According to reports, Amina was raped last year at the age of 15 by an older man, but that crime alone was not what drove her to swallow rat poison. Instead of seeing her rapist punished for his crime, Amina was forced to marry him. A few months into an unconscionable marriage, her rapist/ husband was beating her, she told her mother. Her mother counseled her to try and bear it, according to the Moroccan daily al-Massa.  Amina must have seen no way out, no future worth living.

Why would a judge order – or even recommend – a young girl to marry her rapist? Under Article 475 of the Morocco Penal Code, a perpetrator of rape on a minor is allowed to escape punishment if he marries the victim.  While it may not be a provision of Moroccan law that is used frequently, it is a violation of human rights that has attracted international scrutiny both before and after Amina’s tragic death.  I saw this myself when I was in Geneva last November with a group of Moroccan human rights activists.  We were there to participate in the review of Morocco’s compliance with the United Nations Convention Against Torture.  Violence against women is considered torture under the Convention and the independent committee of experts charged with monitoring state compliance with the treaty had many pointed questions for the Moroccan delegation about Article 475 and other provisions related to the Moroccan government’s failure to protect women from violence.

There is no text that allows a rapist to escape prosecution or a “kidnapper” to escape punishment if he marries his victim, the Government assured the UN Committee Against Torture.  The penal code has a law on the rape of a minor, but the victim – if she has reached puberty – may CHOOSE to marry.  The marriage, if it takes place, continued the Moroccan Government delegation, would have to be based on the consent of the victim.

As Amina’s case shows, “consent” is neither adequate protection for a minor nor a remedy for the crime of rape.  Victims are not often in a position to offer informed consent as they may be pressured into marriage as an alternative in order to preserve family honor.  But in Amina’s case, Amina’s father has, according to some news reports, denied that the family ever consented to the court ruling ordering marriage to preserve family honor.

Amina’s story may be shocking to some of us, but it is a glimpse at the reality of the violence faced by women in Morocco every day.  While it is difficult to determine the exact prevalence of domestic violence throughout Morocco, statistics that are available demonstrate that domestic violence is a widespread problem. A 2011 national study on the prevalence of violence against women found that 62.8% of women in Morocco of ages 18-64 had been victims of some form of violence during the year preceding the study.

The Moroccan Penal Code provides insufficient protection against rape and sexual assault, which are often unreported and prosecutions not pursued. Spousal (also called marital or conjugal) rape is not specifically considered a crime in the Penal Code nor is it prosecuted in practice. Women are deemed to have consented to all sexual relations with their husband by the fact of marrying them. Women do not seek help when they are raped by their husbands because of the social stigma associated with rape, the difficulty in proving rape, and the futility in reporting an act that the Moroccan Government does not even recognize it as a crime. The issue of marital rape in Morocco is trivialized by the officials and executives, and is considered as being unimportant, and therefore, it is not defined nor is it acknowledged by the Moroccan law.

Rape cases in general are difficult to prove in Morocco, as actual physical injuries are required to prove non-consent. Under the Penal Code, rape is considered a crime against morality and not identified as a crime against persons.Women are deterred from reporting rape cases because of the lack of response from law enforcement and the criminal justice system. Even when a rape case is investigated, the perpetrator is not always punished.

Furthermore, sexual relations outside of marriage are illegal in Morocco, and penalties are increased if one or both people engaged in the affair are already married. Thus, there is a strong disincentive for a woman like Amina to report a rape as she risks being prosecuted for illicit sexual relations if she does not prevail in proving her rape case and she is not married to her rapist. Is it any wonder that Amina apparently kept her rape a secret even from her parents for two months?

Amina’s story is a tragedy.  But the media attention it has drawn is a cause for hope.  Amina’s story has raised awareness both inside and outside of the country about violence against women.  In addition to the media attention, there is a reinvigorated campaign to abolish the law.  There is a Facebook page and an online petition.  There have been demonstrations, with protests planned for this Saturday, March 17.

The silver lining to Amina’s story would be that the internal and external pressure  on the Moroccan government finally results in the passing of a Violence Against Women law in Morocco.  (A draft is currently stalled in InterMinisterial consultations and has not yet been introduced in Parliament.)

As the Moroccan human rights activists recommended to the UN Committee Against Torture last November:

The Moroccan Government should pass a specific violence against women law that contains both criminal and civil provisions.

• Care should be taken that that the new law does not contain provisions that would cause further harm to victims.
• The new law should expand the definition of violence against women and ensure various types of relationships
are covered by the law
• The new law should establish civil remedies, including comprehensive Civil Protection Order provisions for
women who are victims of violence

Morocco’s Penal Code should be amended to:

• explicitly criminalize conjugal rape;
• abolish criminal prosecutions for illicit sexual relations;
• eliminate laws that criminalize those who assist or harbor married women;
• abolish provisions that allow a perpetrator of rape to escape prosecution for marrying his victim; and
• eliminate discriminatory legal provisions that place heavy burdens of proof solely on the victim of violence.

Sources:

Moroccan girl commits suicide after being forced to marry her rapist, Al Arabiya News, March 14, 2012  http://english.alarabiya.net/articles/2012/03/14/200577.html

 Morocco protest after raped Amina Filali kills herself, BBC News, March 15, 2012  http://www.bbc.co.uk/news/world-africa-17379721

Morocco Penal Code, Article 475

U.S. Department of State, Country Reports on Human Rights Practices, “2010 Human Rights Practices: Morocco”, (April 8, 2011), available at http://www.state.gov/g/drl/rls/hrrpt/2010/nea/154468.htm (last visited October 10, 2011).

Moroccan Haut Commissaire au Plan, “Principaux résultats de l’Enquête Nationale sur la Prévalence de la Violence à l’Egard des Femmes (version française)”, (January 2011), available at  http://www.hcp.ma/Conference-debat-consacree-a-l-etude-de-la-violence-a-l-egard-de-femmes-au-Maroc_a66.html (last visited October 6, 2011); see also, UN Women, “Moroccan Government Release Extensive Gender-Based Violence Study”, (10 January 2011), available at  http://www.unwomen.org/2011/01/moroccan-government-releases-extensive-gender-based-violence-study/ (last visited October 6, 2011).

Written Communications to The Advocates for Human Rights from Moroccan NGOs (26 September 2011).

MOROCCO: Challenges with addressing domestic violence in compliance with the  Convention Against Torture 47th  Session of the Committee Against Torture (31 October – 25 November, 2011), Joint Written Statment submitted by The Advocates for Human Rights and Global Rights, in collaboration with an alliance of Moroccan NGOs at http://www.theadvocatesforhumanrights.org/uploads/final_shadow_report_to_cat_re_morocco_response_to_dv_oct_14_2011_sent_to_geneva_2.pdf


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My Love Affair With Patrick Stewart

 
“Our house was small, and when you grow up with domestic violence in a confined space you learn to gauge, very precisely, the temperature of situations. I knew exactly when the shouting was done and a hand was about to be raised – I also knew exactly when to insert a small body between the fist and her face, a skill no child should ever have to learn.”
-Patrick Stewart on The Legacy of Domestic Violence,
 The Guardian, 26 November, 2009
He had me at “Tea. Earl Grey. Hot.”  In my opinion, his Jean-Luc Picard is the only Star Trek captain worthy of helming the USS Enterprise;  Picard makes Kirk and the others look like a pack of braggarts, whiners, and wimps.  For more than 20 years, my love for Patrick Stewart has burned strong and bright, “the star to every wandering bark”.  A talented Shakespearean actor, Sir Patrick nails every role he plays, from Othello to Shylock to the Seattle Opera director with a crush on Frasier.  Then there’s his one-man version of Charles Dickens’ A Christmas Carol.  I can’t think of another actor who I would want to see play 40+ characters.  And let’s not forget the lecherous caricature of himself that he played inExtras. Good gravy, that made my heart beat faster!
My love for Patrick Stewart is sexless, as chaste and pure as that of the heroine in a Victorian novel.  I feel for him what the young X-Men feel for Professor Charles Xavier – admiration, respect, passionate loyalty.   It’s a love, I know, not meant to be tested in real life.  Yet I can’t help myself.
I’ve never met Patrick Stewart.  I know almost nothing of his personal life beyond the fact that he choses to use his fame to support human rights. He’s been a long time supporter of Amnesty International in his native UK. I’ve written recommendation letters for students applying to the internship program he endowed at Amnesty.  (None of them ever got the Patrick Stewart Human Rights Scholarship, so I can’t even claim that two-degrees of separation.)
What really took me ’round the bend on Patrick Stewart was his decision five or six years ago to talk about his own experience with growing up with domestic violence.
“I experienced first-hand violence against my mother from an angry and unhappy man who was not able to control his emotions or his hands. Great harm was done by those events – and of course I mean the physical harm, the physical scars that were left, the blood that was spilled, the wounds that were exposed – but there were also other aspects of violence which have a lasting impact physiologically on family members.  It is so destructive and tainting. 
It’s taken me a long time to be able to speak about what happened.  Then, two years ago, around the time of the launch of the Amnesty International campaign to  Stop Violence Against Women all that changed. After consultation with my brothers, we all felt that it was time for me to speak out about what had happened in our childhood, and to show people that domestic violence is protected by other peoples’ silence.”
- Patrick Stewart, Turning the Tide,
Domestic violence is a worldwide epidemic.  It violates the fundamental human rights of women and often results in serious injury or death. Studies show that between one quarter and one half of all women in the world have been abused by intimate partners.  Certainly men experience domestic violence as well, but women are victims of violence in approximately 95% of cases of domestic violence. (For sources and more statistics, see StopVAW.org)
It took the human rights community far too long to recognize domestic violence and other gender-based rights as human rights abuses.  Because the violence is committed by private actors rather than the government in the context of family life, domestic violence was long considered to be a “private matter”.  Fortunately, the international human rights law has progressed and violence against women is now considered a  human rights abuse.  The government has a responsiblity to prevent violence against women from taking place and to prosecute or punish the perpetrators of the violence.  The UN Committee Against Torture has even clarified that violence against women, including domestic violence, can in certain circumstances be defined as torture under the Convention Against Torture.
Implementation of laws that protect women from domestic violence is, of course, the ongoing problem throughout the world.
It is never easy for survivors of human rights abuses to talk about the violence they experienced.  It comes at great personal expense and sometimes that expense is just too great for people to overcome.  There has been a lot of outrage recently about Rihanna and Chris Brown. I wish Rihanna would become an advocate against domestic violence  - photographed holding an Amnesty International placard – but I can’t judge her or the decisions she makes about her life. It does make me think, though, that it is doubly important for male celebrities like Patrick Stewart to use their fame as a platform to raise awareness about violence against women.
I defy you to watch this video and tell my love of Patrick Stewart is wrong.
What will it take to end domestic violence worldwide?  It will take more than Sir Patrick Stewart.  As he says in this Amnesty video, it will take sustained government action to ensure that domestic violence is treated as a public health issue rather than a private matter.  But Patrick Stewart’s decision to use his celebrity to speak out about the domestic violence experienced in his childhood home puts us one step farther along that road.
“Violence against women diminishes us all.  If you fail to raise your hand in protest, then you make yourself part of the problem.”   
- Patrick Stewart, Turning the Tide,
Amnesty Magazine, May/June 2006
Stop Violence Against Women.
Captain Picard says, “Make it so.”
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