In a first, parliamentary group leading government majority submits draft law on annulling child marriages

 The National Rally of Independents party in the House of Representatives submitted a proposed law aimed at repealing Article 20 of the Family Code, which allows judges to authorize marriages before the legal age of 18.

This is the first time that a parliamentary group that leads the government majority has advocated abolishing the marriage of underage girls, at a time when the Minister of Justice promised to open a dialogue on the issue.

A recent study from the Moroccan Public Prosecution Office has shed light on the circumstances, drivers and causes of minor girl marriages in the country.

Highlighting important facets of the worrying phenomenon, the study’s findings prove the drivers behind the prominence of minor marriages are significantly linked to socioeconomic status, in addition to cultural and religious influences.

The report includes both a ground study in the region of Azilal, and the examination of multiple judicial documents and court cases on the subject from across Morocco, spanning five years from 2015 to 2019.

The study has found that most married minors are girls, who “grew up in difficult social conditions, sometimes characterized by extreme harshness.”

According to the study, most married are girls’ ages range from 15 to 17 years old.
The rarity of minor boy marriages, highlighted in the report, is linked to society’s emphasis on “male guardianship and earning ability.”

Men are expected to secure jobs and a steady income before becoming “ready for marriage,” whereas females are restrained by a stereotypical role, that of the stay at home housewife, mother and caretaker.

The study has found that the most prevalent age gap is between 5 to 10 years, while most husbands with minor wives are aged between 20 and 35 years old.

According to the report, the economic factor is one of the most important components that push families to marry off their young girls, despite their young age.

“Most of the minor wives and their families come from a fragile and underprivileged class, whose members – the minor girl and the rest of her family – practice simple, pious professions out of need, which does not allow for savings.”

The report points to underage girl marriages for being an alternative “financing tool for the girl’s family, whether through gifts received by the family after the marriage- to which , 54.7% of respondents agreed to, or periodic or non-periodic assistance they receive from the husband’s family, to which 38.7% admitted.”

Despite the report’s emphasis on the social, cultural and economic reasons behind the occurrence of minor marriages, saying it “is not strictly a judicial issue,” the report equally exposes the shortcoming of the legislation, and its implementation on the ground, which are strongly contributing to the propagation of the marriages of young girls.

The Moroccan legislature has outlined a number of requirements that need to be met before a judge can allow a minor to get married while emphasizing that such marriages should be allowed for “exceptional and rare” cases only.

Moroccan legislation requires the minor to undergo a thorough medical exam, both physical and psychological, before being granted legal permission to marry.

The report states that 43% of married girls did not undergo professional medical assessment before being married, and of those who did, 86,15% had access to a general physician, 13,56% went to a specialized OB/GYN, while a mere 0,29% consulted a psychologist.