Forced Marriage in Morocco: A Violation of Human Rights and How to Address it

The Moroccan legal text on forced marriage is enshrined in the Moroccan Family Code, known as Moudawana. Article 20 of the Code clearly stipulates that "no one may force a person to enter into a marriage against their will, nor may they be married without their consent." This provision aligns with Morocco's international human rights commitments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which Morocco has ratified. Forced marriage, which involves one or both parties being forced into a marriage without their free and full consent, is a violation of individual autonomy, dignity, and human rights, and is recognised as a form of gender-based violence that disproportionately affects women and girls.

Although forced marriage is not explicitly criminalised in Moroccan law, it is considered a human rights violation under international and domestic law. Morocco is a signatory to various international treaties and conventions, such as the Universal Declaration of Human Rights, CEDAW, and the African Charter on Human and Peoples' Rights, which prohibit forced marriage and require the country to take measures to prevent and eliminate the practice.

The Moroccan government has taken some steps to address forced marriage through legislative and policy measures. For instance, the 2004 Family Code established 18 years as the minimum legal age for marriage and requires both parties to consent to the marriage. However, the Code includes a provision that permits the marriage of minors in certain circumstances, such as with the permission of a judge or family council, which can be exploited to justify forced marriage and puts girls at risk.

Forced marriage has significant consequences, including physical and mental health issues, denial of education, loss of autonomy, and exposure to violence and abuse. Additionally, forced marriage can result in early or forced pregnancy, which poses a significant health risk for both the mother and child. Moreover, forced marriage is a significant barrier to gender equality and violates the right to non-discrimination.

To prevent and address forced marriage effectively, a comprehensive and multi-sectoral approach is needed. This approach should include legal reforms, awareness-raising campaigns, and support services for survivors. It also involves ensuring that laws and policies are in line with international human rights standards and that the criminalization of forced marriage is explicitly included in domestic legislation. Moreover, child protection systems need strengthening, access to education for girls needs improving, and gender equality and women's empowerment need promotion.

Forced marriage is a grave human rights violation that disproportionately affects women and girls in Morocco. While the government has taken some measures to address this issue, sustained efforts are required to prevent and eliminate forced marriage through legal and policy reforms, awareness-raising campaigns, and support services for survivors. By addressing forced marriage, Morocco can promote gender equality, protect human rights, and ensure the well-being and dignity of its citizens.

To improve the legal situation regarding forced marriage in Morocco, there is a need for several measures. First, the government should take steps to strengthen the legal framework for the protection of women and girls from forced marriage. This includes explicitly criminalising forced marriage in the Moroccan penal code, and ensuring that the Family Code is fully in line with international human rights standards, such as setting the minimum age for marriage at 18 without exceptions.

Second, awareness-raising campaigns and education programs should be implemented to address the root causes of forced marriage, such as poverty and gender inequality. These programs should target both young people and parents, and promote the right to free and full consent to marriage, as well as the importance of education, gender equality, and women's empowerment.

In addition to these measures, support services for survivors of forced marriage should be expanded, including access to medical care, counselling, and legal assistance. This includes ensuring that survivors have access to justice and that perpetrators are held accountable for their actions.

Overall, addressing forced marriage in Morocco requires a comprehensive and multi-sectoral approach that includes legal, policy, and social measures. By taking these steps, Morocco can ensure the protection of the human rights of women and girls and promote gender equality and women's empowerment.