Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law punishes individuals convicted of rape with prison terms of five to 10 years; when the conviction involves a minor, the prison sentence ranges from 10 to 20 years. Spousal rape is not a crime. Numerous articles of the penal code pertaining to rape perpetuate unequal treatment for women and provide insufficient protection. A 2018 law provides a stronger legal framework to protect women from violence, sexual harassment, and abuse. Under the law a sexual assault conviction may result in a prison sentence of six months to five years and a fine. For insults and defamation based on gender, an individual may be fined up to 60,000 s for insults and up to 120,000 s for defamation ($6,300 to $12,600). General insult and defamation charges remain in the penal code. A March reform of the law requires the DGSN, Prosecutor General’s Office, Supreme Judicial Court, and Ministries of Health, Youth, and Women to have specialized units that coordinate with one another on cases involving violence against women. The Judicial Police reported gender-based violence response units opened in 132 police precincts across the country as of late 2019. These specialized units intake and process cases of gender-based violence and provide psychological support and other services to victims. In 440 precincts where gender-based violence response units have not been established, a regular police officer is designated to process the cases.
The National Union for Women in Morocco (UNFM) launched an online platform in January to provide support for victims of domestic abuse. The platform gave victims access to legal counsel, a network to find employment, and a social support network. The UNFM also offered temporary housing and vocational training for victims of domestic violence.
Later in the year, the COVID-19 pandemic saw a spike in domestic abuse as a result of isolation measures. The government and NGOs expanded programming and outreach that provided shelter, assistance, and guidance for survivors of domestic abuse. According to the Public Prosecutor’s Office, the government adopted protective measures, such as shelters, for victims of domestic violence in the first half of the year. On May 28, the government adopted a bill to create a national registry for social support programs for women and children. Several NGOs adapted services provided to victims of domestic violence, providing hotlines, shelter, resources, guidance, and legal support.
There were reports, however, that these shelters were not accessible to persons with disabilities. Courts maintained “victims of abuse cells” that brought together prosecutors, lawyers, judges, women’s NGO representatives, and hospital personnel to review domestic and child abuse cases to provide for the best interests of women or children.
According to local NGOs, survivors did not report the vast majority of sexual assaults to police due to social pressure and the concern that society would most likely hold the victims responsible. Some sexual assault victims also reported police officers at times turned them away from filing a police report or coerced them to pay a bribe to file the report by threatening to charge them with consensual sex outside of marriage, a crime punishable with up to one year in prison. Police selectively investigated cases; among the minority brought to trial, successful prosecutions remained rare.
The law does not specifically define domestic violence against women and minors, but the general prohibitions of the criminal code address such violence. Legally, high-level misdemeanors occur when a victim’s injuries result in 20 days of disability leave from work. Low-level misdemeanors occur when a victim’s disability lasts for less than 20 days. According to NGOs, the courts rarely prosecuted perpetrators of low-level misdemeanors. Police were slow to act in domestic violence cases, and the government generally did not enforce the law and sometimes returned women against their will to abusive homes. Police generally treated domestic violence as a social rather than a criminal matter. Physical abuse was legal grounds for divorce, although few women reported such abuse to authorities.
On January 21, media reported that 20 suspects kidnapped “Oumaima”, a 17-year-old girl, in the Moulay Rachid district (in Casablanca) and then gang raped and abused her for 25 days before she convinced a friend of the perpetrators to assist in her escape. According to the victim’s mother, during confinement, the perpetrators forced the girl to ingest toxic substances to try to kill her. The girl was hospitalized after her escape. According to an NGO, three of the 20 suspects were arrested, and two of the three were later released on bail.
In February the Court of Appeal in Rabat sentenced the perpetrator of the summer 2019 rape and murder of Hanane al-Iraki to death; the principal defendant was convicted of premeditated murder on February 10. Six accomplices in the crime were sentenced to five years in prison. The conviction closed a case that surfaced in July 2019 when footage of the crime was published on the internet.
Sexual Harassment: Before the law on violence against women was passed in 2018, sexual harassment was only a crime if it was committed by a supervisor in the workplace. Under the 2018 law, sexual harassment is a crime punishable by up to six months in prison and a fine up to 10,000 s ($1,000) if the offense takes place in a public space or by insinuations through texts, audio recording, or pictures. In cases where the harasser is a coworker, supervisor, or security official, the sentence is doubled. Prison sentences and fines are also doubled in cases where a spouse, former spouse, fiance, or a family member perpetrates the harassment act, physical violence, or abuse or mistreatment or breaks a restraining order or if the crime is perpetrated against a minor. In the past authorities did not effectively enforce laws against sexual harassment. Civil society leaders stated they did not observe efforts by the government to enforce the 2018 law or provide training on the new law for judicial or law enforcement officials.
Reproductive Rights: Individuals and couples have the right to decide the number, spacing, and timing of their children. Individuals have the right to manage their reproductive health and had access to the information and means to do so, free from discrimination, coercion, or violence. Authorities generally did not discriminate against women in accessing sexual and reproductive health care, including for sexually transmitted infections. Contraception was legal, and most forms were widely available. According to the Population Reference Bureau, the country has invested in increasing the availability of voluntary family-planning services, expanding and improving maternal health care, and providing for access to obstetric care by eliminating fees.
The contraceptive pill was available over the counter, without a prescription. Skilled health attendance at delivery and postpartum care were available for women who could afford it, with approximately 75 percent of overall births attended by skilled health personnel.
While a 2018 law strengthened penalties for violence against women (see section 6, Women) and required certain government agencies to establish units to provide psychological support and other services to victims of gender-based violence, Human Rights Watch assessed at the time of the law’s passage that it did not sufficiently define the government’s role in providing services to victims. The government responded that it provides services to victims of sexual assault via the UN Population Fund.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: While the constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs, laws favor men in property and inheritance. Numerous problems related to discrimination against women remained, both with inadequate enforcement of equal rights provided for by the laws and constitution and in the reduced rights provided to women in inheritance.
According to the law, women are entitled to a share of inherited property, but a woman’s share of inheritance is less than that of a man. Women are generally entitled to receive half the inheritance a man would receive in the same circumstances. A sole male heir would receive the entire estate, while a sole female heir would receive half the estate with the rest going to other relatives.
In 2019 the government revised the structure and administration of communal lands, allowing female heirs to inherit, and be titled as owners of, those lands.
The family code places the family under the joint responsibility of both spouses, makes divorce available by mutual consent, and places legal limits on polygamy. Implementation of family law reforms remained a problem. The judiciary lacked willingness to enforce them, as many judges did not agree with their provisions. Corruption among working-level court clerks and lack of knowledge about its provisions among lawyers were also obstacles to enforcing the law.
The law requires equal pay for equal work, although in practice this did not occur.