enshrined in the Constitution, further exacerbating a sexist and discriminatory framework for
women’s role in the family and society. Women’s unequal ability to confer nationality on
spouses also negatively impacts women’s ability to freely choose a spouse, to form a family, and
to ensure family unity. By denying women equal rights with men to confer nationality on their
spouse, Morocco’s Nationality Code threatens the right of Moroccan children to know and be
cared for by their father, as he may face obstacles to residing with his family in Morocco without
citizenship. This discrimination can also perpetuate statelessness, when the spouse of a
Moroccan woman is stateless or may lose his nationality due to prolonged absence from his
country of origin. Stateless persons face wide-ranging human rights violations and hardships,
including obstacles to accessing healthcare, social services, formal employment, property rights,
inheritance, freedom of movement, and identity documentation. Stateless persons are also at a
greater risk of human trafficking, arbitrary detention, and lack of access to justice. Gender
discrimination in Morocco’s nationality law also contributes to the root cause of gender-based
violence by undermining women’s equal status in society.
15. We applaud reforms enacted by the Government of Morocco in 2007, which enshrined the equal
rights of Moroccan women and men to confer citizenship on their children. We were pleased to
have the Government of Morocco champion the benefits of these reforms, as a cosponsor of
the Global Campaign for Equal Nationality Rights’ High Level Side Event during the 62nd UN
Commission on the Status of Women in 2018. We welcomed statements made by Morocco’s
then Minister of Family, Solidarity, Equality and Social Development, who emphasized genderequal nationality laws benefit society as a whole and expressed strong support for amending
remaining discriminatory provisions in Morocco’s Nationality Code, in order to uphold Moroccan
women’s right to confer nationality on a noncitizen spouse on an equal basis with Moroccan
men. We urge the Government of Morocco to realize this commitment and enact reforms to
uphold gender equality in all Nationality Code provisions. Affected families continue to suffer as
a result of women’s unequal ability to confer nationality on their spouse.
Other nationality/statelessness issues
16. In addition to articles seeking to ameliorate gender-based discrimination, the 2007 Nationality
Code reform also included a step forward by granting, in the 2nd paragraph of article 9, Moroccan
nationality by Kafala (support by a couple or a woman of a child born of unknown parents, of an
unknown father and abandoned by his mother and any children of badly behaved or destitute
parents), thus solving other cases of statelessness. However, the rights of succession and filiation
are still not granted to the persons concerned.
Recommendations
The discriminatory laws and practices outlined above cause grave human rights violations and
undermine women’s equal citizenship. We call on the Government of Morocco to take urgent steps
to align its legislation and practice with international law, including the right to non-discrimination
and every person’s right to a nationality.
We respectfully urge Member States to make the following recommendations to the government of
Morocco:
I.
Reform the Nationality Code to uphold the right of Moroccan women to confer nationality on
their noncitizen spouse on an equal basis with, and under the same conditions required of
Moroccan men; and
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