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Morocco

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

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 sexual assault conviction may result in a prison sentence of up to one year and a fine of 15,000 dirhams ($1,530). 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. Police selectively investigated cases; among the minority brought to trial, successful prosecutions were rare.

The law does not specifically prohibit domestic violence against women, 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.

Statistics on rape or sexual assault were unreliable due to underreporting.

The government funded a number of women’s counseling centers under the Ministry of Solidarity, Women, Family, and Social Development. Statistics provided by the government indicated that in 2016 it provided direct support to 29 women’s counseling centers for female survivors of violence, as well as 48 family mediation centers, as part of a broader effort to support projects benefitting women in society. A few NGOs provided shelter, assistance, and guidance for survivors of domestic abuse. There were reports, however, that these shelters were not accessible to persons with disabilities. Courts had “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 proper procedure.

Sexual Harassment: Sexual harassment is criminal only when it is an abuse of authority by a superior in the workplace, as stipulated by the penal code. Violations are punishable by one to two years’ imprisonment and a fine of 5,000 to 50,000 dirhams ($511 to $5,108). Authorities did not effectively enforce laws against sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .

Discrimination: The constitution provides women equal rights with men in civil, political, economic, cultural, and environmental affairs; however, 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. Generally, women are 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. The 2004 reform of the family code did not change inheritance laws, which the constitution does not specifically address.

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 enforcement of the law.

The law requires equal pay for equal work, although in practice this did not occur.

The government led some efforts to improve the status of women in the workplace, most notably the constitutional mandate for the creation of an Authority for Gender Parity and Fighting All Forms of Discrimination. In October the parliament published the final legislation creating the Gender Parity Authority. The institution will become functional once its members are nominated by the king and head of government.

Children

Birth Registration: The law permits both parents to pass nationality to their children. There were, nonetheless, cases in which authorities denied identification papers to children because they were born to unmarried parents, particularly in rural areas or in the cases of poorly educated mothers unaware of their legal rights. According to press reports and Amazigh NGOs, during the year representatives of the Ministry of Interior refused to register the births of some children whose parents sought to give them Amazigh names until those parents appealed the decision.

On January 30, a family court judge in Tangier, citing international conventions and the country’s constitution that provides equal judicial protection to all children regardless of family status, ordered the government to recognize the biological link between a father and child born out of wedlock, as proven by a DNA test. The judge ordered that the father’s name be listed on the birth certificate, and that the father pay a fine to the child. In October an appeals court ruled in the father’s favor and instead ordered the mother to pay legal costs to the father. The mother lodged an appeal with the Court of Cassation, the highest court of appeal.

Child Abuse: NGOs, human rights groups, media outlets, and the UN Children’s Fund (UNICEF) claimed child abuse was widespread, although the government has noted that reports are decreasing. In 2016 parliament passed a law prohibiting children under the age of 16 years old from working as domestic servants and strictly limiting the work of children under the age of 18 (see section 7.c.). Prosecutions for child abuse were extremely rare.

Early and Forced Marriage: The legal age for marriage is 18 years, but parents, with the informed consent of the minor, may secure a waiver from a judge for underage marriage. The judiciary approved the vast majority of petitions for underage marriages.

Sexual Exploitation of Children: The age of consent is 18 years. The law prohibits commercial sexual exploitation, sale, offering or procuring for prostitution, and practices related to child pornography. Penalties for sexual exploitation of children under the criminal code range from two years’ to life imprisonment and fines from 9,550 dirhams ($960) to 344,000 dirhams ($34,600).

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings .

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/childabduction/en/legal/compliance.html.

Anti-Semitism

Community leaders estimated the size of the Jewish population at 4,000. Overall, there appeared to be little overt anti-Semitism, and Jews generally lived in safety.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

Persons with Disabilities

The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, and access to health care. The law also provides for regulations and building codes that provide for access for persons with disabilities. The government did not effectively enforce or implement these laws and regulations. While building codes enacted in 2003 require accessibility for all persons, the codes exempt most pre-2003 structures, and authorities rarely enforced them for new construction. Most public transportation is inaccessible to persons with disabilities, although the national rail system offers wheelchair ramps, accessible bathrooms, and special seating areas. Government policy provides that persons with disabilities should have equal access to information and communications. Special communication devices for persons with visual or audio disabilities were not widely available.

The Ministry of Social Development, Family, and Solidarity has responsibility for protecting the rights of persons with disabilities and attempted to integrate persons with disabilities into society by implementing a quota of 7 percent for persons with disabilities in vocational training in the public sector and 5 percent in the private sector. Both sectors were far from achieving the quotas. The government maintained more than 400 integrated classes for children with learning disabilities, but private charities and civil society organizations were primarily responsible for integration.

National/Racial/Ethnic Minorities

The majority of the population, including the royal family, claimed some Amazigh (Berber) heritage. Many of the poorest regions in the country, particularly the rural Middle Atlas region, were predominantly Amazigh and had illiteracy rates higher than the national average. Basic governmental services in this mountainous and underdeveloped region were not extensive. Official languages are Arabic and Amazigh, although Arabic predominates. Amazigh cultural groups contended they were rapidly losing their traditions and language to Arabization. The government offered Amazigh language classes in some schools. Amazigh NGOs contend that the number of qualified teachers of Amazigh languages has decreased. The palace-funded Royal Institute of Amazigh Culture created a university-level teacher-training program to eliminate the shortage of qualified teachers. Instruction in the Amazigh language is mandatory for students at the Ministry of Interior’s School for Administrators.

Amazigh materials were available in the news media and, to a much lesser extent, educational institutions. The government provided television programs in the three national Amazigh dialects of Tarifit, Tashelhit, and Tamazight. According to regulations, public media are required to dedicate 30 percent of broadcast time to Amazigh language and cultural programming, however, according to Amazigh organizations, only 5 percent of broadcast time is currently given to Amazigh language and culture. The National Federation of Amazigh Associations submitted a complaint to the High Authority for Audiovisual Communications in June to request compliance with the quota.

For more information regarding the situation of Sahrawis in Moroccan-administered Western Sahara, see the Department of State’s 2017 annual Country Reports on Human Rights for Western Sahara.

Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity

The law criminalizes consensual same-sex sexual activity, with a maximum sentence of three years in prison. Media and the public were allowed to address questions of sexuality, sexual orientation, and gender identity more openly than in previous years.

Antidiscrimination laws do not apply to LGBTI persons, and the penal code does not criminalize hate crimes. There was a stigma against LGBTI persons, but there were no reports of overt discrimination based on sexual orientation or gender identity in employment, housing, access to education, or health care.

HIV and AIDS Social Stigma

Persons with HIV/AIDS faced discrimination and had limited treatment options. A 2016 Afrobarometer poll reported that 60 percent of citizens would not welcome an HIV positive individual as their neighbor. The Joint UN Program on HIV/AIDS reported that some health-care providers were reluctant to treat persons with HIV/AIDS due to fear of infection. There were 16 HIV/AIDS treatment centers countrywide and domestic NGOs focused on treating HIV/AIDS patients.

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