Historically, women in Morocco have not been treated equally to men, as the traditional society has been patriarchal and male-dominated. Even in the present day, women are still behind men when it comes to opportunities in health, education, and professional and political empowerment.
Women in Morocco at the Moussem of Tan-Tan
Historical and Social Context
Until 1956, when Morocco gained independence from France, a woman's place was at home, and she did not have the right to leave the home without permission from her husband. Women's activities included performing household chores, embroidery, and other crafts, while raising a family and taking care of the man. The majority of people in Morocco are Muslim and follow the Islamic law. Men and women each have distinct roles in Muslim societies.
The men's responsibilities are to support and protect the family while working outside of the home to be able to provide for his family. The women and wife's role are to care for and discipline the children while maintaining home for her family and husband.
Legal Reforms and the Moudawana Code
In 2004, the government of Morocco introduced a new "family code" known as the Moudawana. This code generally covers issues of marriage contracts, ownership of assets, responsibilities for financial maintenance for the family, and the minimum age of marriage. This new enforcement enhances women's rights within the family and household, giving women more equality.
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Firstly, the woman and man now have equal responsibilities in family matters, both being heads of households. Women also were no longer required to obey their husbands under law and have the ability to exercise their rights such as employment or financial maintenance outside the home. The code restricted polygamy, giving the women more authority over her own marriage contract and allowed women access to no-fault divorce. The new code that is being enforced states males can only take a second wife if a judge allows it with justification, the first wife's consent, and if there is enough money and resources to support both families.
The minimum age a girl can marry is 18, the same as boys. If the girl is under 18, it needs to be certified by the court. The Moudawana code provides justice and rights to women while also protecting young girls' rights. The code preserves the man's dignity and still issuing Islam's objectives of justice, tolerance and equality in a modernized development.
In a speech by King Mohammed VI, he suggested that women should not be compelled to marry against their will just like what Quran says. That is, women have free-will when it comes to marriage.
Recent Developments in Family Code Reform
In 2004, after decades of advocacy by women’s and human rights groups, Morocco’s Parliament adopted a new Family Code, called the Moudawana. The 2004 Moudawana reform was considered one of the most important family law reforms for women’s rights in the MENA region. The legislation recognized women’s right to self-guardianship, child custody, and raised the legal age of marriage.
Despite the reform two decades ago, laws that limit women’s rights and agency in the family and in society remain. These include unequal access to inheritance, allowances for child marriage, unequal distribution of assets after divorce, and child custody limitations.
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Now, after nearly two decades of activism by women’s rights organizations, Morocco’s government is revisiting the Family Code. In September 2023, King Mohammed VI instructed the head of the government to appoint a committee that would draft a revised Family Code. The committee included the Ministry of Justice, the Supreme Council of the Judicial Power, and the Public Prosecutor Office, and coordinated with the High Council of Religious Scholars (Oulema), the National Council for Human Rights, and the governmental authority in charge of solidarity, social integration, and family affairs, in consultations with civil society organizations, researchers, and experts.
On March 30, the committee responsible for reviewing the Family Code submitted their proposal to Morocco's Head of Government. The proposal was then given to the office of the King for review. After the King reviews the proposal it will be sent to parliament for further deliberation and to move through the parliamentary system. There has been no public information available yet about the official contents of the proposal but those who support the Family Code reform remain hopeful.
In June, after reviewing proposed reforms to the Moroccan Family Code, King Mohammed VI referred the document to the High Council of Ulemas. In his referral he instructed the High Council to examine the proposed changes and issue a fatwa on their alignment with the principles of Islam.
Economic Empowerment
According to the International Monetary Fund (IMF), when women are integrated into Morocco's economy, it increases and improves the growth in Morocco's gross domestic product (GDP). According to the International Monetary Fund (IMF), 66% of men are working but only 25% of women are working in the formal economy. If as many women were working as men income per capita could be almost 50% higher than it is now.
Currently tax deductions or credits are only available to men to be able to claim a dependent deduction for both spouse and children. A female tax payer may not claim this tax advantage unless she proves she is the only legal guardian. Unfair pay and job possibilities are largely seen as the most important problem affecting women's rights in Morocco.
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At a parallel event hosted by Women’s Learning Partnership, Ouafaa Amadou, Program Coordinator for Democratic Association of Moroccan Women (ADFM), made the linkages between discrimination in the Family Code and women’s economic insecurity in the country. “In Morocco’s Family Code, daughters are only given half of the rate of inheritance as sons. This creates an immediate financial gap between women and men….”
“The division of assets during a divorce is a nightmare for women. Their contribution to the household including the financial management all goes unrecognized in the division of assets. The law fails to recognize this labor and perpetuates an unfair system,” explains Amadou.
“Feminist movements are working with religious scholars to conduct research that shows how women’s equality in the family is in line with the goals of Islam. Both are concerned with justice, equity, and equality.”
Moroccan women's rights groups criticize new abuse law
Education and Literacy
Education is a big stepping stone for equalizing boys and girls at a young age by giving them both a fair start. Statistics show 78% of girls between the ages 12-14 are not in formal schooling in the country's rural areas. There are limited job opportunities for girls because of the lack of education and the country's mind set is held back when it comes to hiring women.
One of the results of the 2011 Constitution includes positive advancements in girls’ education. Increasing access and encouraging girls to finish school has led to more women contributing to the labor market and the economy.
Political Representation
Women gained both the right to vote and the right to stand in an election on the same date in May 1963. The assumption of leadership by women is historical and considered to be a great gain for Moroccan women.
Unfortunately, most women struggle to gain access to political leadership positions today. As of 2018, only 81 out of 395 parliamentary members were held by women. Many activists call for more female representation in parliament and other positions of power.
Persistent Challenges and Future Directions
Most of Morocco is under a conservative setting and traditional values make women reluctant to challenge them. Even though laws are enforced traditional values and mindsets are still more successful. In modern society, a greater number of women are defending their rights, following years of violence, rape, inequality and family moral code. Organizations are emerging to support women in the hope that laws will eventually start to change to protect women's rights, although there may be difficulties in enforcement amongst the male population.
Despite Morocco’s many legal advances in women’s rights, its lack of effective implementation and the existence of legislative loopholes undermines its reputation as an open, tolerant, and progressive country. Some protections afforded under the 2004 Moudawana are left open to interference by gaps in the legislation, notably the prohibition on early and forced marriage which may be permitted through judicial waiver. While non-partner sexual assault is effectively addressed, marital rape is still unrecognized.
Social and cultural barriers form other key barriers for women’s equality and inherent rights. Economic needs and social traditions tend to favor antiquated female roles as early brides and domestic workers. Education and literacy among girls is still not valued. There are many social pressures in Morocco to resist change in gender justice, and these pressures are greater in rural areas.
Morocco has the ability and opportunity to improve the conditions of women, fulfill their international and domestic laws and values. While social realities must be considered by legislators, the law has an educational function and sets norms for what society thinks is right and what’s wrong.
To continue improving the status of women’s rights in Morocco, the strengthening of the justice system is crucial. Addressing social and cultural barriers is also important, as many gender limitations stem from conservative or patriarchal views.
Key Areas for Improvement
- Judicial oversight and accountability
- Progressive legislation by formal and informal justice mechanisms
- Police enforcement
- Legal aid and information
Organizations Fighting for Women's Rights
Two notable organizations are fighting to raise the status of women’s rights in Morocco and both reside in Rabat. The Democratic Association for Moroccan Women and the Mobilizing for Rights Associates (MRA) work within the community and advocate for legal reforms. These reforms promote women’s social, economic and political equality, monitor international human rights compliance and assist women’s rights campaigns.
MRA also tracks the implementation of the newly signed Elimination of Violence Against Women law, which was recently enacted in September 2018. This law has shown the world that Morocco is willing to make progress in gender equality. Furthermore, it exemplifies the importance of these women’s rights organizations in making progress.
Women's Learning Partnership
Gender Equality Index
The following table shows the gender equality index based on data from the Women Count Data Hub’s SDG Dashboard for the 193 UN Member States.
| Indicator | Description |
|---|---|
| 1.1.1 | Employed population below international poverty line |
| 5.2.1 | Proportion of ever-partnered women and girls subjected to physical and/or sexual violence by a current or former intimate partner in the previous 12 months |
| 5.4.1 | Proportion of time spent on unpaid domestic chores and care work |
| 8.5.2 | Unemployment rate |
| 4.c.1 | Proportion of teachers who have received at least the minimum organized teacher training |
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