impact on all children, such as those related to inheritance and polygamy. The Committee
encourages the State party to consider the development of a Children’s Code covering all
areas of the Convention and to ensure that the necessary human, financial and technical
resources are effectively allocated for the implementation of child-related legislation.
(Committee on the Rights of Children)9.
Morocco’s International obligations
10. Morocco has international obligations to protect the right to non-discrimination on the basis of
sex, the right to a nationality and the rights of stateless persons on the basis of other UN and
regional treaties to which it is a party. These include, among others, 10 the International
Covenant on Civil and Political Rights (see articles 2 and 24.3), the International Covenant on
Economic, Social and Cultural Rights (see articles. 2.2 and article 3), the Convention of the Rights
of the Child (see articles 2, 3, 7 and 8), the Convention on the Elimination of All Forms of
Discrimination against Women (see article 9 in particular as well as articles 2, 15, and 16), the
International Convention on the Elimination of All Forms of Racial Discrimination (see article
5(d)(iii)) and the Convention on the Rights of Persons with Disabilities (see article 18).
11. Other relevant regional declarations include the Arab Declaration on Belonging and Legal
Identity, supported by the Arab League Secretariat in 2018. This Declaration urges all Arab
League Member States to uphold women and men’s equal right to confer nationality on their
children and spouse and to remove reservations to CEDAW Article 9. The Declaration also calls
for action to ensure universal birth registration and legal provisions to combat childhood
statelessness.
Gender Discrimination in Morocco’s Nationality Law
12. Though the Constitution of Morocco enshrines equality for women and men, Morocco’s
Nationality Code (amended 2007) denies Moroccan women the right to confer their nationality
on their noncitizen spouse on an equal basis with Moroccan men (art. 10). After five years of
residence in Morocco, the spouse of a Moroccan man can acquire Moroccan nationality with an
application to the Minister of Justice.11 The noncitizen spouse of a Moroccan woman may apply
for naturalization, according to the general terms of naturalization and without preferential
treatment on the basis of marriage, after legally residing in the country for five years. The
naturalization procedure is complex and can remain pending without success for years. This
situation causes major disadvantages for affected families, as the foreign husband is subject to
the conditions established for foreigners staying in the country, which limits their ability to reside
in the territory and their right to work, in addition to other limitations affecting foreigners.
13. Moreover, Article 19 of the Code introduces a new discrimination by providing that “Moroccan
women who marry a foreigner and acquire, as a result of their marriage, the nationality of the
husband and have been authorised by decree prior to the conclusion of the marriage, to renounce
their Moroccan nationality, shall lose their Moroccan nationality.”
14. Gender discrimination in Morocco’s nationality law denies women equality under the law, as
9
Committee on the Rights of the Child, Concluding observations on the combined third and fourth periodic reports of Morocco,
CRC/C/MAR/CO/3-4, (14 October 2014), para. 11.
10 See: https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en.
11 Code de la Nationalité Marocaine (version consolidée en date du 26 octobre 2011 http://www.refworld.org/pdfid/501fc9822.pdf / In Arabic http://www.ism.ma/basic/web/ARABE/Textesdeloiarabe/LoiNation/LoiNation.pdf
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