Advisory body urges recognition of child marriages in Morocco as human trafficking

Morocco’s advisory institution has urged legislators to recognize child marriage as a form of human trafficking as dozens of thousands of girls across the country continue to be married off before reaching 18.

In a 2024 report, the Economic, Social and Environmental Council advised that Morocco handles child marriage under Law No. 27.14, which deals with preventing and fighting human trafficking.

In 2022 alone, nearly 20,097 requests were made to permit the marriage of underage girls, 13652 of them were accepted, according to the Public Prosecutor’s office. In the past two years, more than 36383 underage girls dropped out of school due to marriage requests.

The report noted that most studies conducted on early marriage revealed that it hurts the economic and social development of countries.

“Early marriages lead to the intergenerational inheritance of poverty and gender disparities, thus extending its impact beyond individuals to encompass the entire society,” the report states.

The council advised implementing an explicit ban on discrimination against children within the family code, proposing abolishing Articles 20, 21, and 22, which currently allow exceptions to the legal marriage age.

Article 20 of the family code allows family court judges to give minors the green light to get married, even if they’re under the legal age specified in Article 19. 

This can happen if there’s a valid reason for the marriage and after consulting the minor’s parents or legal guardian, as well as getting advice from medical or social experts.

Article 21 specifies that the marriage of minors is contingent upon the consent of their legal guardian. If the legal guardian refuses consent, the matter falls under the jurisdiction of the family court responsible for marriage affairs.

The report urged for the alignment of family code provisions with the constitution, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Rights of the Child, prioritizing the best interests of the child.

The council also urged developing and enhancing protection and social assistance systems. 

It called for the provision of financial support to impoverished families with school-aged girls to prevent their marriage due to social reasons.

The council recommended the introduction of a legal provision in the family code concerning the principle of “the child’s best interest.” 

This aims to ensure the child’s physical, psychological, moral, and spiritual well-being and promote their human dignity.

Within the child’s best interest principle, the report says that it is imperative to explicitly include DNA fingerprinting in the family code as a scientific method for confirming paternity.

This measure seeks to guarantee fair access to lineage for all children, with no bias, especially in situations where paternity is questioned.

The report noted that children have rights to civil registration without discrimination between children born within or outside marital relationships.