Last Updated: Thursday, 17 April 2014, 13:11 GMT

Morocco: Protection available to women who are victims of domestic violence and forced marriage; the new family code; whether the code includes changes with respect to domestic violence, forced marriage of girls and the minimum age for marriage

Publisher Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board, Canada
Publication Date 1 March 2004
Citation / Document Symbol MAR42447.FE
Reference 1
Cite as Immigration and Refugee Board of Canada, Morocco: Protection available to women who are victims of domestic violence and forced marriage; the new family code; whether the code includes changes with respect to domestic violence, forced marriage of girls and the minimum age for marriage , 1 March 2004, MAR42447.FE , available at: http://www.refworld.org/docid/41501c3115.html [accessed 21 April 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

The attached document, obtained from the Maghreb Arabe Presse (MAP) Website, contains a detailed description of the various amendments to the Moroccan family code (4 Feb. 2004). The purpose of the new code, which was adopted unanimously by the Moroccan parliament on 23 January 2004, is to institute [translation] "legal equality between men and women" (AP 23 Jan. 2004). The family code, or Moudawana in Arabic, includes provisions establishing a new minimum age for marriage and allowing women who are victims of domestic violence to ask for a divorce (MAP 4 Feb. 2004).

A document published by Women Living Under Muslim Laws before the new family code was adopted indicated that, in general, a wali (a man who has guardianship of a woman) cannot compel a woman to marry against her will (2003, 78). However, if the court rules that a woman is likely to commit "immorality," it may force her to marry (Women Living Under Muslim Laws 2003, 78).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press (AP). 23 January 2004. "Le nouveau code de la famille définitivement adopté au parlement marocain." [Accessed 25 Feb. 2004]

Maghreb Arabe Presse (MAP). 4 February 2004. "Réforme de la Moudawana : principales avancées du nouveau code de la famille." [Accessed 24 Feb. 2004]

Women Living Under Muslim Laws. 2003. Knowing Our Rights: Women, Family, Laws and Customs in the Muslim World. London: Women Living Under Muslim Laws.

Attachment

Maghreb Arabe Presse (MAP). 4 February 2004. "Réforme de la Moudawana : principales avancées du nouveau code de la famille." [Accessed 24 Feb. 2004]

Additional Sources Consulted

Attempts to reach the Association marocaine des assistances sociales and the Association marocaine des droits des femmes were unsuccessful.

Internet sites, including: Amnesty International, Centre national de documentation, Fraternet, Freedom House, La Gazette du Maroc, Human Rights Watch, Journal de la femme, L et L Technologies, Maroc hebdo international, Le Matin, Le Monde, Moroccan Association for Human Rights, Syfia International, United States Department of State.

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

Search Refworld

Countries