women and stop early and forced marriages (Republic of Korea);
•
Further progress in the fight against all forms of discrimination and violence against women,
putting into operation the Authority for Gender Equality and Action against All Forms of
Discrimination (Spain).
Morocco clarified in its follow-up with the Human Rights Council that it was in the process of
implementing Congo’s recommendation (144.132) to repeal the nationality law provision which
denied women the right to confer nationality on their spouse on an equal basis with men.6
9. Various international human rights committees have also made recommendations to Morocco
regarding gender discrimination in its nationality law:
•
While noting with satisfaction the improvement in the personal status of women in the State
party, including the fact that every child born to a Moroccan mother, whether in Morocco or
abroad, is entitled to acquire his or her mother’s nationality, the Committee remains
concerned about various forms of discrimination related to their personal status, such as
the non-acquisition of the Moroccan nationality by the foreign husband of a Moroccan
wife in circumstances where a non-Moroccan wife of a Moroccan husband would acquire
Moroccan nationality, and the loss of the Moroccan nationality of a Moroccan wife who
acquires her husband’s foreign nationality.
The Committee urges the State party to amend without delay all discriminatory provisions
affecting women’s rights in the Nationality Code, in order to harmonize it fully with the
Convention. The Committee encourages the State party to conduct this task in consultation
with women’s organizations.
(Committee on the Elimination of Discrimination Against Women)7;
• The Committee welcomes the recognition of the principle of equality in the
Constitution of 2011 but is still concerned, however, about: (a) the continued existence of
legislative provisions that discriminate against women, particularly as regards a
matrimonial regime that continues to permit polygamy, divorce, child custody, legal
guardianship of children, inheritance and the transmission of nationality to a foreign spouse;
(b) the high number of polygamous marriages; and (c) the increase in early marriages (arts.2,
3, 23, 24 and 26).
The State party should: (a) repeal or amend all provisions that discriminate
against women in order to give full effect to the principle of equality enshrined in the
Constitution; (b) take adequate measures to reduce the incidence of polygamy with a view to
bringing about its abolition; and (c) amend the legal provisions that allow for exceptions to the
minimum age for marriage. (Human Rights Committee)8;
•
The Committee recommends that the State party continue and strengthen its efforts to
bring all its legislation, especially its Family Code, into conformity with the Convention and
to promptly repeal all provisions that discriminate against girls and women and negatively
6
Report of the Working Group on the Universal Periodic Review - Morocco Addendum, A/HRC/36/6/Add.1 (5 September 2017), para 16.
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G17/259/65/PDF/G1725965.pdf?OpenElement
7
Concluding comments of the Committee on the Elimination of Discrimination against Women - Morocco CEDAW/C/MAR/CO/4 (8 April
2008), paras 40-41.
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fMAR%2fCO%2f4&Lang=en
8 Human Rights Committee, Concluding observations on the sixth periodic report of Morocco, CCPR/C/MAR/CO/6 (1 December 2016),
paras 13-14.
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