Morocco

Morocco is ranked 17 out of 86 in the 2012 Social Institutions and Gender Index.

The country was ranked 43 out of 102 in the 2009 Social Institutions and Gender Index.

Morocco is ranked 130th in the 2011 Human Development Index (of 187 countries), with a score of 0.582. The country’s score under the Gender Inequality Index is 0.510 (104 out of 146 countries). According to the 2011 Global Gender Gap index, Morocco is ranked in 129th place, out of 135 countries (score: 0.5804). 

Discriminatory Family Code: 

Morocco’s new Family Code, adopted in 2004, grants women equal rights within the family, although some discrimination still exists.[16]  Husbands and wives now have reciprocal rights on a number of issues, including management of the household, childrearing, family planning, and legal cohabitation.[17] 

The legal minimum age for marriage is 18 years for both men and women (it was previously 15 years for women). Marriage under that age now requires permission from a judge.[18]  Yet early marriage continues to be observed, particularly in rural areas: national statistics from 2004 estimated that the number of girls between 15 and 19 years of age who were married, divorced, separated or widowed was 11.07 percent.[19] The free consent of both spouses is now required by law and women no longer need permission from a male guardian to marry.[20] However, it remains illegal for a Muslim woman to marry a non-Muslim man.[21]

The new Family Code does not explicitly prohibit polygamy, but rather includes measures that make it very complicated. Husbands who want to marry another wife must obtain a judge’s permission and provide documentary evidence of their financial situation. They must also attest that all their spouses will be treated equally, and that their existing wife / wives have given their assent.[22]  The number of new polygamous marriages has decreased rapidly since the reforms were introduced.[23]  Four percent of married women questioned for the 2003-2004 DHS reported that they were in a polygamous marriage.[24]

Under Morocco’s new Family Code, mothers and fathers share parental authority and have the same rights and responsibilities.[25]  The new code eradicated the concept of repudiation, i.e. a husband’s right to unilaterally divorce his wife, and the 2004 reform gave Moroccan women the right to divorce on the same grounds as men.[26]  In addition, divorce can no longer be authorised by a notary public but must be granted by a court and only after a judge leads the couple through a conciliation process.[27]  Under the new Family Code, the mother is the first choice for custody of children, and divorced women no longer automatically forfeit custody of their children if they remarry or choose to live in a different town.[28]  However, in such circumstances, fathers can be awarded custody of their children from the age of seven years, if they so request.[29]  Once children reach the age of 15 years, they can choose the parent with whom they wish to live.[30]

Morocco further amended the Family Code in 2007 by passing the Nationality Code, which granted to Moroccan women married to foreigners the rights to pass on their citizenship to their children. Previously, only fathers possessed this right.[31]

The 2004 reform did not remove the inequality in inheritance rights. Daughters still inherit only half the share passed on to sons. Moreover, if there are no sons, daughters do not inherit all of their parents’ estate; part of it is distributed amongst aunts and uncles.[32]  In effect, the reform changed only the inheritance rules for grandchildren. In cases where the mother is deceased, children can now inherit property from their maternal grandparents.[33]

[16] Decree No. 1-04-22 of 3 February 2004 promulgating Law No. 70-03 on the Family Code, ‘La Moudawana’ in Committee on the Elimination of Discrimination against Women (CEDAW) (2006) p. 6 [17] Articles 51 and 54 (on the duties of parents towards their children) of the Family Code in CEDAW (2006) p. 59 [18] Articles 19 through 21 of the Family Code in CEDAW (2006) p. 58 [19] Ministère de la Santé [Maroc], ORC Macro, et Ligue des États Arabes (2005), Table 6.1 [20] Articles 4, 10, 11 and 25 of the Family Code in CEDAW (2006) p. 58 [21] Sadiqi (2010) p.318 [22] Sadiqi (2010) p.319 [23] Articles 40 through 46 of the Family Code in CEDAW (2006) p. 59 [24] Ministère de la Santé et al. (2005), Table 6.5 [25] Article 51 of the Family Code in CEDAW (2006) p.59  [26] Article 98 of the Family Code in CEDAW (2006) pp. 59-60 [27] Article 121 and Chapter II, Title Six, Book Two of the Family Code in CEDAW 2006, p. 59 [28] Sadiqi (2010) p.320 [29] Sadiqi (2010) p.320 [30] Article 166 of the Family Code in CEDAW (2006) p. 60 [31] Article 6 of Moroccan Nationality law, amended 18 Jan. 2007 in Japanese International Cooperation Agency (JICA) (2007) p. 14 [32] Articles 342 through 344 of the Family Code in Food and Agriculture Organization (FAO) (2010) [33] Global Rights (n.d.) p. 6; CEDAW (2006) p. 56

Restricted Physical Integrity: 

Rape is a criminal offence in Morocco, with sentences of up to 5 years imprisonment.[34] Marital rape is not recognised as a criminal offence in Morocco.[35] In addition, under the Criminal Code, it is possible for a rapist to escape imprisonment if he agrees to marry his victim.[36] 

There is no specific legislation in place in Morocco to protect women from domestic violence, although general provisions against assault included in the Criminal Code can be applied.[37] In 2002, the Moroccan government announced a national strategy to eliminate violence against women; according to the 2005 report to the CEDAW Committee, administrative authorities from all concerned government agencies are making concerted efforts to address the issue.[38]

Morocco’s Employment Code was recently revised and now recognises sexual harassment in the workplace as an offence, as well as nondiscrimination in employment and salaries.[39]

Strong societal pressure to conform to beliefs around personal and family honour make it very difficult for women to report instances of sexual violence and harassment, according to a recent report published by Freedom House.[40] Up-to-date data were unavailable, but in 2008, the police recorded 1130 reports of rape.[41]

Since the introduction of the national strategy to eliminate violence against women, the 2006 report to the CEDAW Committee states that victims of domestic violence have better protection and more opportunity to leave the family home due to government initiatives to create new institutions such as a special violence investigation unit within the police force and shelters to protect battered women.[42]  They also have easier access to divorce; the time required for divorce proceedings has been reduced to six months.[43] However, according to a 2010 report by Freedom House, if women seeking help from the police are unable to prove that they have been abused, they are usually returned home, leaving them in a worse situation than before the complaint was filed.[44] This acts as a powerful deterrent against reporting domestic abuse.[45]

Nearly half of the population considers it acceptable for men to beat their wives in certain circumstances. Survey data from the 2003-2004 DHS support this reality; when given a list of five reasons why a man might be justified in beating his wife, nearly 64 percent of women agreed with at least one reason.[46] Data as to the number of women experiencing domestic violence was unavailable.

According to the Freedom House report, so-called ‘honour killings’ do occur in Morocco, but are less prevalent than in other parts of the region. Police are often reluctant to intervene, seeing such crimes as a family matter.[47] However, rather than removing the clause in the criminal code that allowed men convicted of assaulting or murdering his wife if he caught her in the act of adultery to receive a lighter sentence, this has been extended to female defendants accused of assaulting or murdering adulterous husbands.[48] Extra-marital sex remains a criminal offence for women, although cases are very seldom prosecuted.[49]

There is no evidence to suggest that female genital mutilation is practised in Morocco.[50]

Abortion is legal in cases where the woman’s mental or physical health is in danger.[51]

Women in Morocco have the legal right to use contraception, and to access information about family planning and reproductive health.[52] Mobile health clinics supply contraceptives to remote rural areas.[53] Knowledge of contraception among women in Morocco is nearly universal,[54] and usage rates are also quite high. According to the 2003-2004 DHS, 63 percent of women reported that they currently used a method of contraception as a form of family planning; 54.8 percent used a modern method.[55]  However, contraception was also seen primarily as a woman’s responsibility; just 3 percent of men reported using a modern method of contraception.[56]  Despite relatively high discontinuation rates (43 percent for all methods[57]), the overall level of unmet need for family planning services was only 10 percent.[58]

[34] Sadiqi (2010) p.316 [35] CEDAW (2008) p.5; Sadiqi (2010) p.316 [36] CEDAW (2008) p.5 [37] CEDAW (2008) p.4; Sadiqi (2010) p.316 [38] CEDAW (2006) pp. 63-65 [39] Article 40 of Decree No. 1-03-194 of 14 Rejeb (11 September 2003) promulgating Law No. 65-99 relating to the Labour Code (hereafter ‘Labour Code’) in CEDAW (2006) p. 42; Ministry of Finance [Morocco] (2009) p. 116 [40] Sadiqi (2010) p.316 [41] US Department of State (2011) [42] CEDAW (2006) pp. 9, 63-65 [43] CEDAW (2006) p. 60 [44] Sadiqi (2010) p.316 [45] Sadiqi (2010) p.316 [46] Ministère de la Santé et al. (2005), Table 3.11 [47] Sadiqi (2010) p.316 [48] Article 418 of the Criminal Code, amended 2003, in Sadiqi (2010) p.315 [49] Article 490 of the Criminal Code, in Sadiqi (2010) p.315 [50] Sadiqi (2010) p.331 [51] UN (2011) [52] US Department of State (2011) [53] US Department of State (2011) [54] Ministère de la Santé et al. (2005), Table 5.1 [55] Ministère de la Santé et al. (2005), Table 5.4 [56] CEDAW (2006) p. 43 [57] Ministère de la Santé et al. (2005), Table 5.12 [58] Ministère de la Santé et al. (2005), Table 7.3

Son Bias: 

The 2003-2004 DHS found that 91.2% of girls and 86.8% of boys under the age of two had received all their basic vaccinations.[59]  There was virtually no difference in malnutrition rates (very slightly higher for boys), and under-five mortality rates were higher for boys than for girls.[60]  This does not indicate bias towards sons in regard to early childhood care.

A 2004 research report by the Understanding Children’s Work project (UCW) found that boys were 4% more likely to be engaged in paid work outside the home than girls, while girls were 26% more likely to be engaged in unpaid domestic work within the home.[61] This would indicate bias against daughters in regard to the allocation of domestic work. 

According to UNICEF, enrolment and attendance rates are slightly lower for girls than for boys in Morocco (at secondary level, 36% of girls and 39% of boys attend).[62] The UCW report found that in rural areas, girls were 33% less likely to attend school than boys.[63] Overall, this would indicate preference towards educating sons over daughters.

The male/female sex ratio for the total population in 2012 is 0.97.[64]

There is no evidence to suggest that Morocco is a country of concern in relation to missing women.

[59] Ministère de la Santé et al. (2005), Table 9.2 [60] Ministère de la Santé et al. (2005), Table 10.8, 11.4 [61] UCW (2004) p.19 [62] UNICEF (n.d.) [63] UCW (2004) p.34 [64] Central Intelligence Agency (2012)

Restricted Resources and Entitlements: 

By law, Moroccan women have the same ownership rights as men,[65] but tradition often limits those rights. Despite a favourable legal framework, women’s access to land is often restricted, particularly in rural areas, and few women own land.[66]  Where they do, it is often managed by male relatives.[67]

Women are legally entitled to access to property other than land and to manage such property as they wish. Under Morocco’s standard matrimonial system, spouses retain their own property.[68]

Women in Morocco have difficulty obtaining credit from traditional banks on the same conditions as men. In response, the government has launched numerous initiatives to support women’s entrepreneurship, including numerous trainings, income-generating projects and micro-credit initiatives targeted at women.[69]

[65] Article 218 of the Family Code in CEDAW (2006) p. 56 [66] Sadiqi (2010) p.323 [67] Sadiqi (2010) p.323 [68] Article 49 of the Family Code in CEDAW (2006) pp. 56-57; ECOSOC (2005) p. 16 [69] CEDAW (2006) pp. 47-49; JICA (2007) p. 22

Restricted Civil Liberties: 

Women’s freedom of movement is guaranteed under the Constitution on the same footing as men. According to laws implemented in 1994, women do not need their husbands’ authorisation to obtain a passport or travel, while under the new Family Code, all previous restrictions on women’s freedom of movement within the country have been removed.[70]  The new law states that spouses should jointly choose where they will live as a couple.[71]

Freedom of speech, assembly and association are not always respected in Morocco.[72] NGOs are able to operate relatively freely, though, and there is a vibrant women’s movement in Morocco; many women have sought positions of leadership within this movement, rather than in the political arena, which until recently remained almost totally male dominated.[73] Women’s rights NGOs are active in promoting changes to discriminatory legislation and women’s political participation, providing services to and advocating on behalf of victims of gender-based violence, and promoting literacy.[74] In its 2008 Concluding Observations on Morocco, the CEDAW Committee noted its concern at the role played by the Moroccan media in perpetuating negative and limiting stereotypes regarding gender roles in society.[75] In a 2010 report into women’s rights by Freedom House, the author of the Morocco chapter noted that the Moroccan media consistently portray women only as homemakers and mothers, fail to use gender-sensitive language, and downplay women’s achievements in the public sphere.[76]

Women have had the same right to vote and stand for election as men since independence in 1956.[77]  A 2002 revision of the Organic Law on the House of Representatives reserved thirty seats for women, via an agreement to place names of the national lists of political parties and not through a strict quota.[78]  Following elections in 2007 and 2009, there are 34 women in the 345-seat Assembly of Representatives and six women in the 270-seat Assembly of Councillors, respectively.[79]  A November 2008 agreement between the government and the decision-making structures of the major political parties stipulated that 12 percent of local council seats (equaling about 3,000 seats) would hereafter be reserved for women. Prior to this, less than 1 percent of these seats were held by women. More than 20,000 women ran for these offices in the June 2009 elections, with 3,421 winning seats. Twelve then became mayors and other local leaders through indirect election. In addition, the Prime Minister’s government includes three female ministers and two female secretaries of state.[80]  A 2007 Pew survey found that 65 percent of those polled believed men and women to be equally capable as political leaders.[81]  A World Values survey, also from 2007, asked a similar question without the option to rate them equally, and found that 58 percent of respondents believed that men made better political leaders than women.[82]  Art 115 the new constitution (2011) apparently specifies proportional representation of women magistrates in the Conseil Supérieur du Pouvoir Judiciaire.

Morocco offers 14 weeks of maternity leave at 100 percent of a woman’s wages, payable from a national social security fund.[83]  The Labour Code includes 3 days paternity leave at full pay (Art 269). A pregnant woman is also entitled to an additional year of unpaid leave if so desired.[84]  It is not clear how well these maternity protections cover women who work in the informal sector and who are not paid cash wages; for example, 92 percent of employed women in rural areas work in the agricultural sector.[85]

[70] Sadiqi (2010) p.318 [71] CEDAW (2006) p. 57 [72] Freedom House (2010) [73] Sadiqi (2010) p.327 [74] US Department of State (2011); Sadiqi (2010) [75] CEDAW (2008) p.4 [76] Sadiqi (2010) p.332 [77] Sadiqi (2010) p.311 [78] CEDAW (2006) pp. 23-24 [79] Inter-Parliamentary Union (IPU) (2010) [80] U.S. State Department (2010) [81] Pew Research Center (2007), Question Q.43 [82] World Values Survey (WVS (2007), Question V.61 [83] International Labour Organization (ILO) (2009); Social Security Administration (SSA) (2009) pp. 133-134 [84] Chapter II, Article 156 of the Decree No. 1-03-194 of 11 September 2003 promulgating Law No. 65-99 of the Labor Code in World Bank (2010) p. 127 [85] JICA (2007) pp. 21, 24; CEDAW (2006) p. 53

Background: 

Apart from a brief period as a French protectorate (1912 – 1956), Morocco has always been an independent, sovereign country.[1] Ruled by a constitutional monarchy, the current King Mohammed VI has introduced some moderate reforms since assuming the throne in 1999, although ultimate authority continues to rest with the monarch.[2] February and March 2011 saw mass street demonstrations in several cities across Morocco, demanding constitutional and democratic reforms, price controls, and an end to government corruption.[3] The king agreed to constitutional reform, and a new constitution was approved by referendum in July 2011.[4] Morocco is classed as a lower-middle income country by the World Bank.[5]

This country note does not cover the situation of women in the disputed territory of Western Sahara (annexed by Morocco in 1975).[6]  

The 2011 Constitution enshrines equality between women and men at article 19.[7] As a result of several reform measures undertaken following years of advocacy by women’s organisations  including the introduction of a new Family Code (2004), Nationality Law (2007), Labour Code, Code of Criminal Procedure, and the Law on Civil Registration, as well as the subsequent amending of several other laws to remove discriminatory language, in regard to legal rights, the situation for women in Morocco has improved significantly.[8]  Even though applying the new legislation is taking time and progress is sometimes stalled by discriminatory attitudes and inconsistent enforcement,[9] Morocco is now amongst North African countries with the most improved laws for women’s rights. However, in its 2008 Concluding Observations on Morocco, the Committee on the Elimination of Discrimination Against Women (CEDAW Committee) noted that, in addition to economic factors, traditional discriminatory practices and strong stereotypical attitudes regarding appropriate gender roles and behavior continue to limit women’s educational, economic, and political opportunities and their capacity to enjoy their human rights.[10] Women remain under-represented in political life, and in positions of leadership in other spheres, and in regard to employment, are concentrated in low-skilled jobs, with low pay and poor working conditions.[11] Women living in rural areas face particular obstacles, particularly in regard to access education, healthcare, and public services, as well as to basic amenities such as clean water and electricity.[12]

Morocco ratified the Convention on the Elimination of All forms of Discrimination Against Women in 1993, but has not yet ratified the Optional Protocol.[13]  Morocco lifted all the reservations that it had previously held on CEDAW in 2008.[14]  The country has not signed or ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.[15]

[1] BBC (n.d.); CIA (2011) [2] BBC (n.d.); CIA (2011) [3] CIA (2011) [4] CIA (2011) [5] World Bank (n.d.) [6] BBC (n.d.) [7] Gouvernement du Royaume du Maroc (2011) [8] CEDAW (2008) p.2 [9] Erlanger, S. and S. Mekhennet (2009) [10] CEDAW (2008) p.4 [11] CEDAW (2008) pp.5-6 [12] CEDAW (2008) p.7 [13] UNTC (2011) [14] Sadiqi (2010) p.316 [15] African Union (2010) 

Sources: 

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BBC (n.d.) ‘Morocco profile’, BBC News, http://www.bbc.co.uk/news/world-africa-14121438 (accessed 29 November 2011)

Central Intelligence Agency (CIA) (2011) The World Factbook: Morocco, online edition, Washington, D.C.: CIA, https://www.cia.gov/library/publications/the-world-factbook/geos/mo.html (accessed 29 November 2011)

Central Intelligence Agency (2012) The World Factbook: Sex Ratio, available at https://www.cia.gov/library/publications/the-world-factbook/fields/2018.html (accessed 14 March 2012)

Committee on the Elimination of Discrimination against Women (CEDAW) (2006), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Morocco, Combined Third and Fourth Periodic Reports of States Parties, CEDAW/C/MAR/4, CEDAW: New York, NY.

CEDAW (2008) Concluding comments of the Committee on the Elimination of Discrimination against Women Morocco, CEDAW/C/MAR/CO/4, CEDAW, New York.

Erlanger, S. and S. Mekhennet (18 August 2009), “Family Code Gets Nudge, but Women Seek a Push,” New York Times, available from http://www.nytimes.com/2009/08/19/world/africa/19tangiers.htm (accessed 5 April 2010)

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Freedom House (2010) ‘Freedom in the World country reports: Morocco’, http://www.freedomhouse.org/template.cfm?page=363&year=2010&country=7881 (accessed 29 November 2011)

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Gouvernement du Royaume du Maroc (2011) ‘Texte intégral du projet de nouvelle Constitution’, Rabat: Gouvernement du Royaume du Maroc, http://www.maroc.ma/NR/rdonlyres/2298ADD6-703C-471E-B924-A5E4F396FEA2/0/Texteint%C3%A9gralduprojetdenouvelleConstitution.pdf (accessed 29 November 2011)

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Ministère de l’Economie et des Finances [Maroc], (2009), Rapport sur le Budget Genre, Ministère de l’Economie et des Finances : Rabat, Maroc.

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Sadiqi, Fatima (2010) ‘Morocco’, in Sanja Kelly and Julia Breslin (eds.), Women’s Rights in the Middle East and North Africa: Progress and Resistance, New York / Lanham: Freedom House / Rowman and Littlefield Publishers, Ltd.

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Data
Discrim. Fam. Code Rank 2012: 
50
Discrim. Fam. Code Value 2012: 
0.317
Legal Age of Marriage: 
0
Early Marriage: 
0.1107
Parental Authority: 
0
Inheritance: 
1
Data
Rest. Phys. Integrity Rank 2012: 
55
Rest. Phys. Integrity Value 2012: 
0.3498
Violence Against Women (laws): 
0.583333
Female Genital Mutilation: 
0
Reproductive Integrity: 
0.1
Attitudes Towards Domestic Violence: 
0.639
Data
Son Bias Rank 2012: 
52
Son Bias Value 2012: 
0.526614
Missing Women: 
0
Fertility Preferences: 
0.49618
Data
Rest. Resources & Ent. Rank 2012: 
59
Rest. Resources & Ent. Value 2012: 
0.3473
Access To Land: 
0.5
Access To Property Other Than Land: 
0
Access To Bank Loans And Credit: 
0.5
Data
Rest. Civil Liberties Rank 2012: 
15
Rest. Civil Liberties Value 2012: 
0.1121
Access To Public Space: 
0
Political Participation: 
0.109774
Political Quotas: 
0