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 | Canada: 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 | Canada: 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: https://www.refworld.org/docid/41501c3115.html [accessed 31 May 2023] |
| Disclaimer | This 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." Maghreb Arabe Presse (MAP). 4 February 2004. "Réforme de la Moudawana : principales avancées du nouveau code de la famille." 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." 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.
