Since Morocco gained its independence from France in 1956, there have been many changes to women’s rights. Across the nation, women continue to fight for their rights in legal, social, political and economic contexts. Although work remains, local organizations have made great strides in improving the status of women’s rights in Morocco.
Legal Framework and Constitutional Guarantees
Morocco’s Constitution addresses the issue of women’s rights. Article 19 of the 2011 Constitution states, “The man and the woman enjoy, in equality, the rights and freedoms of civil, political, economic, social, cultural and environmental character.” This is a general guarantee of gender and matrimonial equality.
Moreover, there have been numerous other ratifications in the Moroccan legislature that correlate to this statement. Moroccan women now have protections against male guardian requirements, rape-marriage allowances and sexual harassment. The government passed all of these laws after 2004, with one as recent as 2018. Yet, there are still a few loopholes in the legal system. For example, the Family Law allows forced marriage if a judicial waiver is provided. Many believe that there is still progress to be made.
The Moudawana: Morocco's Family Code
Morocco’s personal status and family law-the Moudawana-is a legal code that regulates everything from marriage and divorce to inheritance and child custody. Since being rewritten in 2004, it has been hailed as one of the most progressive family laws in the Arab world.
Morocco’s first family code was written in 1956, as the newly independent nation emerged from decades of French colonial rule. Under the French protectorate, family matters-including marriage, divorce, and inheritance-had been decided by religious Sharia courts. After decades marked by incremental reforms to the family code, public pressure and mass demonstrations in 2000 prompted Moroccan King Mohammed VI to form a commission to rewrite the archaic law.
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The new reforms marked a historic breakthrough for women’s rights activists, who had successfully called for several landmark provisions-including a woman’s right to file for divorce, greater freedom to travel, and the right to self-guardianship.
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.
Ongoing Reforms and Challenges
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.
In March 2024, as the deadline neared, Moroccan women’s rights organizations attended the 68th Commission on the Status of Women (CSW68) to mobilize support for reforms that close the remaining gaps in Morocco’s Family Code that perpetuate gender discrimination.
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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.
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.
Israr, a coalition of more than 30 Moroccan women’s rights leaders and organizations, has been advocating for years for women’s equality and economic autonomy. Since the king announced the formation of the a commission to revise the Moudawana, Israr has launched an intensive campaign to influence the resulting reforms.
Through press interviews, social media, and a memorandum submitted directly to the commission, the coalition has made the case for key revisions including an end to child marriage, the abolishment of male guardianship by default, and stronger mechanisms for enforcement of the law.
The hottest topic in the reform debate, however, is inheritance law. In Islam, women receive half of what the men entitled to inherit receive. So if a son and daughter inherit from their parents, the son receives 2/3 and the daughter 1/3 of the estate. If there are only female heirs, widows or daughters have to share the inheritance with distant male relatives of the deceased husband or father. Some women's rights organisations have long denounced this as unfair and outdated.
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In 2022, 44% of respondents in a representative survey stated that they were categorically against any changes to inheritance law. Only 36% said they could envisage changes. 20% abstained.
Key Issues and Advocacy
- Child Marriage: Despite the Moudawana, child marriage remains a problem, with 14% of girls marrying before 18.
- Inheritance Law: Women typically inherit half of what men do, sparking debates on fairness and religious interpretation.
- Male Guardianship: Activists are advocating for the abolishment of male guardianship to grant women more autonomy.
- Enforcement Mechanisms: Strengthening the enforcement of existing laws is crucial for protecting women's rights.
Social and Political Contexts
While the Moroccan Constitution is promising and shows progression, conservative ideals remain common in social institutions. This includes the hierarchy of power held by males and gender-based discrimination. Socially, the need is the greatest for reform and change, which law or legislation do not often achieve.
Women are fighting for equality in Morocco today by seizing opportunities, including education, economic and financial freedom and leadership positions. By holding higher positions in society, these conservative assumptions may begin to dissipate in family and cultural contexts.
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. Bassima Hakkaoui, a veiled political leader, is now in charge of the Ministry of Solidarity, Women, Family and Social Development. She is the first veiled woman to hold this position.
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. This begs the question of whether Moroccan women can be accurately and meaningfully represented by their government voices. Many activists call for more female representation in parliament and other positions of power.
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Economic Participation and Opportunities
According to USAID Morocco, ranks 141 out of 149 countries in women’s economic participation and opportunity. Women make up 50% of Morocco’s population but only 26% of the labor force. Also, the female labor force participation rate in Morocco decreased by 6% between 1999 and 2010. Moroccan women remain a largely untapped resource within the very borders of the country.
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. The accumulation of generational wealth is an example of this influence.
The MCC - Morocco Land and Employability Compact demonstrates the important role legal reforms can play in empowering women as property owners. To reform policy, MCC has learned that we and our partner governments must deeply consider the local context to understand where it is possible to move the needle most to achieve inclusive development objectives and in a way that will be locally accepted. There is no one size fits all solution.
The results of the MCC-funded land privatization pilot delivered big gains for women. Of the 56,000 hectares of land privatized in the pilot program, 34% of title holders were women. The impact will only continue to grow as more communities in Morocco decide to pursue this land privatization and titling process, with women’s rights as heirs now legally protected.
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). 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.
Abortion Rights and Challenges
A new report titled My life is ruined: The need to decriminalize abortion in Morocco, documents how the criminalization of abortion in Morocco, even in cases when pregnancy results from rape, has devastating consequences for women and girls. Facing threats of imprisonment, many are compelled to clandestinely seek dangerous methods to terminate pregnancies.
The Moroccan Penal Code prohibits abortion unless it’s conducted by a licensed doctor or surgeon and deemed necessary to safeguard the woman’s health or life. Medical professionals performing abortions outside the law risk losing their licenses.
Women are most often left with no choice but to pursue unregulated, unsafe and often expensive abortions in secret. Women described resorting to a range of dangerous abortion methods including misusing pharmaceuticals, ingesting hazardous chemical mixtures and even physical violence, either self-inflicted or inflicted by others. Some women even attempted to end their own lives.
Violence Against Women
Morocco’s insufficient response to violence against women fosters a culture of impunity, enabling perpetrators of rape, intimate partner violence and sexual harassment to operate freely. Ten women told Amnesty International they became pregnant due to rape, perpetrated by strangers, neighbours, boyfriends, or husbands.
Marital rape is not criminalized in the Penal Code, and sexual relations outside of marriage remain illegal. Reports of violence against women have increased during the COVID-19 pandemic.
Key Organizations and Advocacy Efforts
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.
Statistical Overview
The following table provides a snapshot of key gender-related indicators in Morocco:| Indicator | Value | Source |
|---|---|---|
| Women in Parliament (2018) | 81 out of 395 members | Data from 2018 |
| Women's Labor Force Participation | 26% | USAID Morocco |
| Women's Inheritance Rate | Half of men's share | Islamic Law |
| Girls married before 18 | 14% | Girls Not Brides |
These statistics highlight the ongoing disparities and the need for continued efforts to improve women's rights and opportunities in Morocco.
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