UN Committee on discrimination calls Morocco to amend, repeal laws harming women

A body of independent experts who monitor the global state of women’s rights called on Morocco to carry out a comprehensive legislative review with a view to amend or repeal all laws that discriminate against women directly or indirectly.

In a periodic report on Morocco, the UN Committee on the Elimination of Discrimination (CEDAW) noted that legislative reforms implemented in the last decade have led to a noticeable improvement in the state of women’s rights, in aspects ranging from workplace discrimination, media representation, violence, and others.

CEDAW has also acknowledged Morocco’s efforts to improve institutional and policy frameworks to promote gender equality.

But the body of experts said they while legislative and institutional changes are foundational in the protection and defense of women’s rights, the accessibility of the mechanisms placed for women by women is not always evident.

They called on Morocco to build the capacity of judges, prosecutors, lawyers, and police officers, by making the Committee’s general recommendations a mandatory part of their professional training.

The committee recommended that Morocco disseminate information in both Arabic and Amazigh languages, particularly to women and girls in rural areas on the mechanisms and procedures available to women and girls for seeking redress for violations of their rights.

Other recommendations include repealing article 20 of the Family Code so that exceptions to the minimum age of marriage are no longer allowed, abolishing polygamy, and ensuring that the principle of free and informed consent is also applied to the termination of marriage contracts.

CEDAW asked Morocco to recognize the right of unmarried mothers to assert their rights and the rights of their children without fear of any form of prosecution and stigmatization and enact legal provisions to ensure that, upon dissolution of marriage, women have equal rights to property acquired during the marriage, in line with article 16 paragraph 1 (h) of the Convention;

The experts urged Morocco to amend without delay, and in consultation with civil society, particularly women’s organizations, all remaining discriminatory provisions including provisions relating to divorce, custody, child custody, and inheritance.

A particular focus on the last two years showed that while Covid-19 mitigating measures have helped lessen the impact of the pandemic on women, there remained issues of accessibility and information sharing that can concretely demonstrate a gender-focused state response to Covid-19.

CEDAW recommended that Morocco places women at the center of Covid-19 recovery strategies, including disadvantaged girls and women, and providing for financial support for unpaid care work and stimulus packages.