MOROCCO - Home | UNICEF · PDF fileConvention on the Rights of the Child. Morocco ratified the Convention on the Rights of the Child (CRC) in 1993 with a reservation to article 14

United Nations Children’s FundRegional Office for the Middle East and North Africa

October 2011

MOROCCOMENA Gender Equality ProfileStatus of Girls and Women in theMiddle East and North Africa

1. Background

Demographics Value Year

Total population (000) 31,993 2009

Total adolescent (10-19) population (000) 6,277 2009

Total under-18 population (000) 10,997 2009

Total under-5 population (000) 3,079 2009

Population annual growth rate (%) 1.3 2000-2009

Total fer tility r ate (b irths per wom an) 2.3 2009

Under-five mortality rate (per 1000 live births)

38 2009

Life expectancy at birth (years), male 69 2009

Life expectancy at birth (years), female 74 2009

Singulate mean age at marriage, male 31 2004

Singulate mean age at marriage, female 26 2004

Economic indicators

GNI per capita (current US$) 2,850 2010

% share of income held by lowest 20 % 7 2007

% share of income held by highest 20 % 48 2007

Sources: UNICEF, The State of the World’sChildren 2011. Life expectancy and economic indicators from The World Bank, Data Catalog, http://data.worldbank.org/, [accessed in August 2011]Marriage data from UNPD, World Marriage Data 2008, www.un.org/esa/population/

2. LegaL Framework

Legal system. Moroccan laws are primarily based on French civil law and Islamic law (Shari’a). The majority of the

country’s population is Sunni Muslim. Matters related to personal status (including inheritance, marriage, divorce

and child custody) are governed by the Moudawana, the personal status code (or family code), which is based on

Islamic law. The Christian and Jewish communities in Moroccan society have separate family laws. Thus, there is no

unified personal status law that applies to all Moroccans. The first family code was enacted in 1957. In 2004 the code

was reformed and the new Moudawana is considered one of the most progressive in the Arab world. For example,

the new code introduces modifications to the rules of inheritance, raises the minimum age of marriage and secures

women’s right to divorce. Yet, before a court, in matters of family law, a woman’s testimony is worth only half of

that of a man.1 While the previous constitution did not include such a provision, the new draft constitution of July

2011 guarantees women’s “civic and social” equality with men.2

Convention on the Elimination of All Forms of Discrimination against Women. Morocco acceded to the Convention

on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1993 and maintains a reservation to

article 29 (1), and a declaration to article 2, stating that the government of Morocco is ready to apply the provisions

of the article as long as these do not conflict with Islamic law. In April 2011 Morocco withdrew its reservations to

articles 9 (2) (equal rights with regard to nationality) and 16 (equality in marriage and family life).3 The CEDAW

Committee has indicated that: “…reservations to article 16, whether lodged for national, traditional, religious or

cultural reasons, are incompatible with the Convention and therefore impermissible...” and that article 2 is central

to the purpose and objective of the convention. 4

1 Freedom House, Women’s Rights in the Middle East and North Africa 2010 (report, online version, www.freedomhouse.org)

2 See BBC News, Q&A: Morocco’s referendum on reform (news article, 29 June 2011, http://www.bbc.co.uk/news/world-africa-13964550)

3 See United Nations Treaty Collection (http://treaties.un.org) for declarations and reservations made by State Parties

4 Report of the Committee on the Elimination of Discrimination against Women, Eighteenth and Nineteenth Session, A/53/38/Rev.1, 1998, p.49

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Gender Gap Index 2010

Rankings of MENA countries with available data

Score Rank

United Arab Emirates 0.6397 103

Kuwait 0.6318 105

Tunisia 0.6266 107

Bahrain 0.6217 110

Lebanon 0.6084 116

Qatar 0.6059 117

Algeria 0.6052 119

Jordan 0.6048 120

Oman 0.5950 122

Iran (Islamic Republic of) 0.5933 123

Syrian Arab Republic 0.5926 124

Egypt 0.5899 125

Morocco 0.5767 127

Saudi Arabia 0.5713 129

Yemen 0.4603 134

Source: World Economic Forum, The Global Gender Gap Report 2010 (rankings of in total 134 countries)

Convention on the Rights of the Child. Morocco ratified the Convention on the Rights of the Child (CRC) in 1993 with

a reservation to article 14 related to the freedom of religion of the child. The reservation was withdrawn in 2006.

Morocco has also ratified the two Optional Protocols to the CRC, without reservations.

Nationality rights. Since 2008 Muslim Moroccan women married to foreign Muslim men have the right to pass their

nationality to their children, if the couple is married in accordance with the Moudawana. Previously, only the father

of the children could pass his nationality. Evidently, some groups are excluded by the new provision and do not

enjoy the right to pass nationality, for example Muslim Moroccan women married to non-Muslim men.5

Divorce rights. A woman has the right to file for divorce if for instance the husband has abandoned her or has

failed to provide financial support. Divorce by mutual consent is another possibility, as well as divorce due to

“irreconcilable differences”. Divorce by mutual consent can include “khula”, which is the type of divorce where the

woman pays the husband a sum of money in exchange for divorce. A man is allowed to initiate divorce through

“repudiation” (unilateral divorce), while a woman is not, unless her husband has granted her the authority to use

this type of divorce.6

Guardianship and custody rights. According to the family code the father is the legal guardian of the children. The

mother can act as the legal guardian of the children if the father is absent or incapacitated, or in cases where the

paternal authority has been taken away from the father. Upon a divorce the mother may be granted custody of the

children. Children are allowed to choose between their mother and father to be their custodian at the age of 15.7

Inheritance rights. The new family code of 2004 now allows the children of a deceased mother to inherit from

the maternal grandparents in the same way as children of a deceased father. Although this is an improvement

with regard to women’s inheritance rights, inequalities still exist. Laws that forbid a non-Muslim Moroccan wife

from inheriting from her Muslim husband remain in place. Also, a daughter will normally receive a share of the

inheritance that is less than half of that of a son.8

Freedom of movement. Women can obtain a passport and travel without their husband’s or other male guardian’s

permission.9

Protection from child marriage. The family code of 2004 increased the minimum age of marriage from 15 to 18 for

both boys and girls. Polygyny is legal, but must be approved by a judge.10 Sixteen per cent of young women aged

20-24 were married before the age of 18 according to the 2003-2004 Demographic and Health Survey.

Protection from gender-based violence. There is no specific law that prohibits domestic violence. Rape is criminalized

under the penal code, but spousal rape is not. The penal code allows for a rapist to be acquitted if he marries his

victim. “Honour killings” do occur in Morocco but are quite rare, according the Freedom House report Women’s

Rights in the Middle East and North Africa 2010.


6 Ibid.

7 Committee on the Elimination of Discrimination against Women, Third and Fourth periodic report of Morocco, CEDAW/C/MAR/4, 2006


9 Committee on the Elimination of Discrimination against Women, Third and Fourth periodic report of Morocco, CEDAW/C/MAR/4, 2006


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Governmental response. The Ministry of Social Development, Family and Solidarity is responsible for promoting

and protecting women’s rights. The Ministry has developed a national strategy for gender equality and equity. The

aim is to integrate a gender approach into all development policies and programmes. One of the ministry’s main

priorities is to ensure a collaborative approach on gender equality between ministerial departments, NGOs and

other organisations. A Committee for Gender Cooperation has also been established.11

Strategies and services responding to gender-based violence. The government has made efforts to combat gender-

based violence through the development of a national strategy and plan of action and annual national anti-violence

campaigns. Efforts have also been made to establish an institutional information system on violence against

women in cooperation with UNFPA. According to Morocco’s responses to the CEDAW Committee on the third

and fourth periodic report, the government has not set up any shelters for women who are victims of violence,

although it has supported NGOs in providing services to battered women. According to the 2010 U.S Department

of State country report on human rights practices, there are several NGOs that provide shelters for women in

Morocco.12

4. women’S PoLiticaL ParticiPation

Political representation. Women in Morocco received the right to vote and stand for election in 1963. But it was

only in 1993 that a woman was elected to parliament for the first time.13 A quota system has been implemented

at the national level to increase women’s representation in the lower house of parliament and following the 2007

national election, women now occupy 34 out of the 325 seats in the lower house of parliament, the Majliss-

annouwab, (10 per cent of the seats).14 After the 2007 election, there was also a significant increase of female

ministers and of women in other key positions. In the 2009 local elections, a 12 per cent quota was applied which

significantly increased women’s political representation (following the 2003 local elections women filled less than

1 per cent of the contested posts).15

Representation in the legal system. According to information from 2006, 19 per cent of all judges in Morocco are

female. In the Supreme Court, 16 per cent of the judges are female. Following the enactment of the 2004 family

code, the number of women that serve as judges in family courts has increased.16

Civil society. Morocco has an active women’s rights movement. The efforts of civil society organisations in

promoting and protecting women’s rights in Morocco have had a significant impact. The women’s rights movement

advocated for quotas for women in decision-making bodies and was very active in the reform of the family law.

Women’s NGOs now make efforts to educate the public on the new family law.17 Women’s rights NGOs submitted

a shadow report to the CEDAW Committee, coordinated by Association Démocratique des Femmes du Maroc, on

the third and fourth periodic report prepared by the Moroccan government in 2006.

11 Committee on the Elimination of Discrimination against Women, Responses [by Morocco] to the list of issues and questions with regard to the consideration of the combined third and fourth periodic

report, CEDAW/C/MAR/ Q/4/Add.1, 2007

12 CEDAW Committee, Responses [by Morocco] to the list of issues and questions with regard to the consideration of the combined third and fourth periodic report, CEDAW/C/MAR/ Q/4/Add.1, 2007; and,

U.S. Department of State, Country Reports on Human Rights Practices, 2011 (report, online version http://www.state.gov/g/drl/rls/hrrpt/) [accessed in August 2011]

13 UNDP, Human Development Report 2007/2008

14 The Quota Project, www.quotaproject.org [accessed in August 2011]


16 Ibid.

17 Ibid.

3. inStitutionS and mechaniSmS

3

5. education and economic ParticiPation

Education. Girls and young women still lag behind with respect to education. The youth literacy rate for young

women is only 72 per cent, compared to 87 per cent for young men. The net enrolment ratios in primary school are

roughly the same for girls and boys (88 per cent for girls and 91 per cent for boys), according to UNESCO Institute

for Statistics (UIS) estimates from 2009. In secondary school, however, gender parity has not been achieved and

net enrolment ratios are low for both girls and boys according to the most recent UIS estimates from 2003 (32 per

cent for girls and 37 per cent for boys).

Access to financial credit. No legal discrimination exists with regard to women’s access to bank loans and other

forms of financial credit. Various micro-credit initiatives exist to encourage women’s economic participation by

making financing available to those who are unable to qualify for credit from conventional banks.18

Participation in the labour market. Only 26 per cent of Moroccan women aged 15 and above are actively engaging

in the labour market either by working or looking for work. Among Moroccan men (aged 15 and above) the labour

force participation rate is significantly higher at 80 per cent. Globally, the labour force participation rate of women

is 52 per cent.19 While 61 per cent of male youth (aged 15-24) engage in the labour market, only 22 per cent of

female youth participate in the labour market. According to the 2010 Freedom House report, the lack of education

among women puts them in a vulnerable position on the labour market. Women predominantly work in low paying

jobs in the textile industry, the agricultural sector or as domestic workers. Many women are also involved in

informal economic activities. The youth unemployment rate is 19 per cent for young women and 23 per cent for

young men.

6. reProductive heaLth

Maternal health. Morocco is categorized as “making progress” towards improving maternal health (MDG5),

according to analyses of the reduction of the Maternal Mortality Ratio conducted by the Maternal Mortality

Estimation Inter-agency Group (MMEIG) in 2008. Maternal mortality is estimated at 110 maternal deaths per 100,000

live births.20 According to data from 2003-2004 the antenatal care coverage (at least once) is 68 per cent with

marked differences between the richest 20 per cent and the poorest 20 per cent (93 per cent coverage compared

to 40 per cent coverage, respectively). Sixty-three per cent of births are attended by doctors, nurses or midwives

(skilled attendants), according to data from 2003-2004. Skilled attendance at delivery is one of the most critical

interventions for safe motherhood and also for this indicator the differences in coverage between the richest 20 per

cent and poorest 20 per cent are significant.

Early childbearing. According to the 2003-2004 Demographic and Health Survey, 8 per cent of young women

aged 20-24 gave birth before their 18th birthday. In Morocco, the adolescent birth rate is 18 births per 1,000

adolescent girls aged 15–19.

18 Committee on the Elimination of Discrimination against Women, Second periodic report of Morocco, CEDAW/C/MOR/2, 2000 and CEDAW, Third and Fourth periodic report of Morocco, CEDAW/C/MAR/4,

2006

19 United Nations, DESA, The World’s Women 2010, p. 76

20 WHO, UNICEF, UNFPA and The World Bank, 2010, Trends in Maternal Mortality: 1990-2008 (Countries with MMR ≥100 in 1990 are categorized as “on track” if there has been 5.5% decline or more annually,

“making progress” if MMR has declined between 2% and 5.5%, making “insufficient progress” if MMR has declined less than 2% annually, and having “no progress” if there has been an annual increase in

MMR. Countries with MMR <100 in 1990 are not categorized)

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7. key indicatorS on the Situation oF girLS and women

MATERNAL AND NEWBORN HEALTH

YEAR TOTAL URBAN RURALPOOREST

20%RICHEST

20%SOURCE

Contraceptive prevalence (%)

2003-2004

63 66 60 58 70 DHS 2003-2004

Antenatal care coverage at least once by skilled personnel (%)

2003-2004

68 85 48 40 93UNICEF global database/DHS 2003-2004

Skilled attendant at birth (doctor, nurse or midwife) (%)

2003-2004


Adolescent birth rate (number of births per 1,000 girls aged 15–19)

2005 18

UNFPA, UNPD, MDG database http://unstats.un.org[accessed in August 2011]

Maternal Mortality Ratio (adjusted) (maternal deaths per 100,000 live births)

2008 110 WHO, UNICEF, UNFPA, World Bank, Maternal Mortality Estimation Inter-agency Group (MMEIG) / UNICEF global database

Lifetime risk of maternal death, 1 in:

2008 360

EDUCATION YEARMALE

%FEMALE

%

GENDER PARITY INDEX

(F/M)SOURCE

Net enrolment ratio primary school (%)

2009 91 88 0.97

UIS, online database, http://stats.uis.unesco.org[accessed in August 2011], UIS estimates

Net enrolment ratio secondary school (%)

2003 37 32 0.85

Youth (15-24) literacyrate (%)

2009 87 72UIS, online database, http://stats.uis.unesco.org[accessed in August 2011]

YEAR TOTAL SOURCE

Share of females among teaching staf f (% ) in primary education

2008 49UNESCO, Education for All Global Monitoring Report 2011

Share of females among teaching staf f (% ) in secondary education

-

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CHILD PROTECTION YEAR TOTAL URBAN RURALPOOREST

20%RICHEST

20%SOURCE

% of women aged 20-24 who were married/in union before the age of 18

2003-2004


Female genital mutilation/cutting among women 15-49 (%)

- - - - -

YEAR TOTAL MALE FEMALE SOURCE

% of children aged 5–14 engaged in child labour

2006 8 9 8UNICEF global database/ENIMSJ 2006-2007

ATTITUDES TOWARDS DOMESTIC VIOLENCE

YEAR% WHO AGREE WITH AT LEAST ONE

SPECIFIED REASONSOURCE

Women (15-49) who think that a husband is justified in hitting or beating his wife under certain circumstances (%)

2003-2004 64

UNICEF global database/DHS 2003-2004

Adolescent girls (15–19) who think that a husband is justified in hitting or beating his wife under certain circumstances (%)

2003-2004 64SOWC 2011/ DHS 2003-2004

HIV/AIDS YEAR TOTAL MALE FEMALE SOURCE

HIV prevalence among young people (15–24)

2009 0.1 0.1 0.1UNICEF global database/UNAIDS

% of young people (15-24) who have comprehensive knowledge of HIV

- - -

USE OF ICT YEAR TOTAL SOURCE

% of young women (15-24) who used a computer during the last 12 months

-

% of young women (15-24) who used the internet during the last 12 months

-

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WOMEN’S POLITICAL PARTICIPATION

YEAR TOTAL SOURCE

Number of women in parliament (single/ lower house)

2011 34 IPU, http://www.ipu.org/wmn-e/classif.htm (data updated as of June 2011) [accessed in August 2011]% women in parliament 2011 11

Legislated quotas for women for single/ lower house (yes/no)

* YesThe Quota Project, www.quotaproject.org [accessed in August 2011*]

Quota type *Reserved

seats

Number of women in ministerial positions

2010 3DAW/DESA, IPU, Women in Politics: 2010 (reflecting appointments up to 1 January 2010)

% women in ministerial positions 2010 11

WOMEN´S ECONOMIC PARTICIPATION

YEAR TOTAL SOURCE

Labour force participation rate (%), male 15+

2009 80

ILO, Key Indicators of the Labour Market (KILM), 6th Editionhttp://kilm.ilo.org Table 1a (ILO estimates), [accessed in August 2011]

Labour force participation rate (%), female 15+

2009 26

Labour force participation rate (%), male 15-24

2009 61

Labour force participation rate (%), female 15-24

2009 22

Total unemployment rate (%), male 15+

2009 10ILO, KILM, 6th Edition, Table 8a, [accessed in August 2011]Total unemployment rate (%),

female 15+2009 11

Youth (15-24) unemployment rate (%), male

2009 23ILO, KILM, 6th Edition, Table 9, [accessed in August 2011]

Youth (15-24) unemployment rate (%), female

2009 19

MATERNITY LEAVE YEAR SOURCE

Maternity leave duration 2004-2009 14 weeksUnited Nations Statistics Division, http://unstats.un.org/unsd/demographic/products/indwm/tab5g.htm#tech, Table 5g, [accessed in August 2011]. Data compiled between 2004-2009.

% of wages paid in covered period 2004-2009 100

Provider of benefit 2004-2009Social

security

Notes:The UNICEF global databases are available on www.childinfo.orgFor indicator definitions and further information on data sources please see "Guide to MENA Gender Profiles"n/a = not applicable

7

8. ratiFication oF treatieS

TREATYYEAR OF

SIGNATURE

YEAR OF RATIFICATION,

ACCESSION (A), SUCCESSION (S)

RESERVATIONS

Convention on the Political Rights of Women (1953) 1976 (a) Article IX

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages (1962)

International Covenant on Economic, Social and Cultural Rights (1966)

1977 1979

International Covenant on Civil and Political Rights (1966)

1977 1979

Convention on the Elimination of All Forms of Discrimination against Women (1979)

1993 (a)

Declaration to: article 2: “The Government of the Kingdom of Morocco express its readiness to apply the provisions of this article provided that: - They are without prejudice to the constitutional requirement that regulate the rules of succession to the throne of the Kingdom of Morocco; - They do not conflict with the provisions of the Islamic Shariah.” Reservation to:article 29 (1)

Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (1999)

Convention on the Rights of the Child (1989) 1990 1993

Amendment to article 43 (2) of the Convention on the Rights of the Child (1995)

n/a 1997 Acceptance

Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000)

2000 2002

Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (2000)

2000 2001

Convention on the Rights of Persons with Disabilities (2006)

2007 2009

n/a = not applicableSource: United Nations Treaty Collection, http://treaties.un.org [accessed in April 2011]

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MOROCCO - Home | UNICEF · PDF fileConvention on the Rights of the Child. Morocco ratified the Convention on the Rights of the Child (CRC) in 1993 with a reservation to article 14