Protecting the Rights of Minors: An Analysis of Marriage of Minors in Morocco

Marriage of minors is considered a serious violation of human rights and is recognized as a form of gender-based violence that violates the right to education, health, and the right to protection from all forms of violence and exploitation. It is a practice that undermines the rights and dignity of children and exposes them to significant harm and risks.

The practice of marriage of minors is also recognized as a barrier to gender equality and a violation of the right to non-discrimination. It often results in a denial of education, loss of autonomy, and exposure to violence and abuse. Child marriage can also lead to early and/or forced pregnancy, which carries significant health risks for both mother and child. In addition, it perpetuates cycles of poverty and discrimination that limit the potential of girls and young women.

Furthermore, child marriage violates several international human rights conventions, including the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). These conventions recognise the right to free and full consent to marriage, and prohibit discrimination based on gender. Child marriage is also recognized as a form of forced marriage, which violates human rights and poses significant risks to the physical and mental health of those affected.

In light of these legal and ethical considerations, it is imperative to prohibit marriage of minors and to take a comprehensive and multi-sectoral approach to address this issue. This includes enacting laws and policies that are in line with international human rights standards, strengthening child protection systems, improving access to education for girls, and promoting gender equality and women's empowerment. By addressing child marriage, we can promote the rights and well-being of children, protect human rights, and ensure the dignity and equality of all individuals.

Child marriage in Morocco is considered a significant issue and a violation of human rights, particularly for girls. The Moroccan Family Code, also known as Moudawana, states in Article 19 that the minimum legal age for marriage is 18 years old for both sexes. However, an exception to this provision allows for the marriage of minors with the permission of a judge or family council, which can be exploited to justify child marriage. This practice is in contradiction to several international human rights conventions ratified by Morocco, such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which recognize the right to free and full consent to marriage and prohibit discrimination based on gender.

Morocco has taken some legislative and policy measures to address child marriage, such as the 2018 amendments to the Family Code that raised the legal age for marriage from 16 to 18 years old, removed the exception that allowed for the marriage of minors with the permission of a judge or family council, and established penalties for those who perform, facilitate, or force a child into marriage. However, the implementation of these measures remains a challenge, and child marriage persists in many parts of the country.

Child marriage has significant negative consequences on the physical and mental health of those affected, leading to a denial of education, loss of autonomy, exposure to violence and abuse, and early and/or forced pregnancy. Child marriage also violates the right to non-discrimination and is a barrier to gender equality.

In comparison, Germany prohibits child marriage regardless of parental or guardian consent, with the legal minimum age for marriage being 18 years old. Germany's prohibition of child marriage is grounded in the protection of children's rights, promoting gender equality, and preventing forced marriage, which violates human rights and poses significant risks to the physical and mental health of those affected. By preventing child marriage, Germany upholds the rights of minors and promotes gender equality, supporting girls' rights to education, health, and protection from harm.

Morocco can benefit from following Germany's lead in promoting gender equality and empowering girls through education and other opportunities. By investing in girls' education and ensuring that they have access to equal opportunities, Morocco can help break the cycle of poverty and discrimination that often leads to child marriage. Additionally, Morocco can implement awareness-raising campaigns to educate families and communities about the harms of child marriage and the benefits of education and gender equality.

Morocco has made progress in addressing child marriage, but sustained efforts are required to prevent and eliminate it through legal and policy reforms, awareness-raising campaigns, and support services for survivors. Morocco can be inspired by Germany's approach to ending child marriage by enacting similar laws and policies, including explicitly criminalizing child marriage in domestic legislation, strengthening child protection systems, and ensuring that survivors of child marriage have access to comprehensive support services. By investing in its children and promoting their rights and well-being, Morocco can promote gender equality, protect human rights, and ensure the well-being and dignity of its citizens, leading the way in the region towards ending child marriage.