More Related Content
What's hot
Viewers also liked
Viewers also liked (20)
Similar to Women's Rights, Religion and Legal Reform in the Maghreb
Similar to Women's Rights, Religion and Legal Reform in the Maghreb (20)
More from Economic Research Forum
More from Economic Research Forum (20)
Recently uploaded
Recently uploaded (20)
Women's Rights, Religion and Legal Reform in the Maghreb
- 1. Aili MariTripp University of Wisconsin-Madison, USA Visiting scholar,Al Akhawayn University, Ifrane, Morocco
- 2. Why did Maghreb countries adopt gender reforms faster than other MENA countries?
- 3. Maghreb MENA (excluding Maghreb) Discriminatory family code 0.44 0.65 Restricted physical activity 0.27 0.44 Restricted resources and assets 0.52 0.52 Restricted civil liberties 0.30 0.80 Overall 0.15 0.38
- 4. Women in Parliament Maghreb overall 27% Middle East (excluding Maghreb) 10 Global 22 Algeria 31.6 Tunisia 31.3 Morocco 17.0
- 5. French colonial legacy Historic influences: Arab-Islamic, Berber, French, Sub-SaharanAfrican Military has been essential to regime survival Share legacy of Maliki Islamic and French jurisprudence Centralized state control over legal system State control over family law but interpreted with reference to Islamic jurisprudence
- 6. Prior to French colonization,Tunisia had more centralized state than Algeria and Morocco Tunisia has history of more secular legislation Algeria colonized longer than others with huge settler population (132 years) Algeria post-war legacy (1954-62, 1991-2002) Morocco andTunisia were protectorates of France Morocco not part of Ottoman Empire Morocco monarchy Morocco not part of Africa Union
- 7. After independence Maghreb countries adopted different legal systems: Tunisia made drastic reforms for women Algeria and Morocco adopted more conservative laws French policy in Algeria towards tribes or eradicating them strengthened tribal ties. French policy of divide and rule in Morocco strengthened tribal autonomy.
- 8. Tunisia: state that emerged was largely autonomous from kin groups Tunisia reformed Personal Status Code to liberalization family law and women’s rights Morocco: tribal structure tied to state Conservative family law adopted Algeria: state depended on support from kin groups Conservative family law adopted
- 9. 1993 Reforms to the Personal Status Code, Labor Code, and Penal Code 1998 Code of Nationality reforms 2014 Constitution
- 10. 2003 amendment to Morocco’s Employment Code recognizes sexual harassment in the workplace as an offence 2004 Reform of Personal Status Code 2007 Reform of nationality code 2011 Constitutional changes 2011 Quota law reform 2014 amended an article of the penal code that allowed rapists of underage girls to avoid prosecution by marrying their victims.
- 11. 2004 reform of PenalCode criminalizes sexual harassment 2005 amendment to the nationality code 2005 Family Code amended 2012 Electoral Law reform put in place quotas 2015 law criminalizes domestic violence
- 12. Michael Ross: Oil production is impediment to female representation Critique: He does not account for quotas or women’s mobilization.
- 13. MENA countries Female Legislative Representation Oil producers 13% Non-oil producers 14%
- 14. Ron Inglehart, Pippa Norris (2003): Religiosity and lack of democracy is impediment to women’s representation. Critique:The adoption of quotas challenges this claim in Maghreb, Senegal and elsewhere.
- 15. Maghreb MENA Read or listen to Quran or Bible:Always 63% 74% Do you pray daily: Always 63 74 Are you religious person? 31 39 Source:Arab Barometer, 2013
- 16. Response: Completely appropriate Kuwait 17.0 Palestine 11.6 Lebanon 8.7 Jordan 6.1 Iraq 5.0 Yemen 4.3 Egypt 4.2 Average 8.1 Maghreb Response: Completely appropriate Algeria 15.2 Tunisia 6.4 Morocco 12.3 Libya 19.3 Average 13.3 Source:Arab Barometer 2013
- 17. Question Maghreb MENA Agree: Gender equality in constitution 78% 85% Agree: Married woman can work outside home 81 82 Disagree: Men better political leaders 43 32 Disagree: University education more important for boys 82 73 Source:Arab Barometer, 2013
- 18. Type of Quota Women in Legislature Legislative quotas 23% Reserved seats 17 Voluntary quotas 17 Appointed quota 8.5
- 19. Women in Legislatures Quotas 20% No quotas 5%
- 20. Women in Legislatures Quotas (122 countries) 24% No quotas (97 countries) 15%
- 21. Rania Maktabi: Women have acquired wider civil rights in homogenous states with unitary court systems than in multireligious states with dual court systems (Morocco, Egypt, Syria, Lebanon) Dörthe Engelcke: More unified legal system in Morocco more conducive to gender reform and Jordanian separation of civil and sharia legal systems. Different British and French traditions influenced these outcomes.
- 22. Country Unified Courts Unified Laws Algeria yes yes Morocco yes yes Tunisia yes yes Iraq yes yes Kuwait yes yes Turkey yes yes Libya yes no Oman yes no Egypt yes no Yemen yes NA Bahrain no no Jordan no no Lebanon no no Palestinian Authority no no Qatar no no Syria no no UAE no no
- 23. Maghreb MENA without Maghreb Political Rights 2005 5.7 5.9 2015 4.0 6.1 Change +1.7 -0.2 Civil Liberties 2005 4.7 5.5 2015 4.0 5.6 Change +0.7 -0.1 Overall Democracy Ranking 2005 5.2 5.7 2015 4.0 5.9 Change +1.2 -0.2 Source: Freedom House. Free (1.0 to 2.5), Partly Free (3.0 to 5.0), Not Free (5.5 to 7.0)
- 24. Maghreb MENA without Maghreb 2005 69 73 2015 58 75 Overall change +11 improvement -2 worsened Source: Freedom House Free (F): 0-30 Partly Free (PF): 31-60 Not Free (NF): 61-100
- 28. Disruptions in gender relations and norms during conflict
- 29. 1) Some political opening 2) Active coalition including women’s organizations 3) Diffusion and learning within the region supported by international donors 4) Pursuit of a coalitional accommodations, however problematic and unstable, between Islamist and secularist feminists on some issues 5) Postconflict effects (Algeria)