The family constitutes a distinctive institution as it is considered the main pillar of society in many countries. Constitutions of various countries share this perception of the family. In Morocco this is also the case as our constitution spells out the importance of the family. The constitution stipulates that the family is the “basic cell of society” and that the state should ensure the rights of the family and social and economic protection of it. Considering the many obligations that usually come with marriage, such as pregnancies, births, raising children and ensuring financial income, the marriage between a man and a woman is restricted in Morocco to those aged 18 and older.
However, in view of what has been outlined above, minors under the age of 18 can still get married in certain countries under exceptional circumstances. This is also the case in Morocco.
Morocco´s 2004 family code puts the legal age of marriage at 18, but it includes a clause allowing judges to give families special dispensation. A careful reading of the Moroccan constitution reveals that Moroccan legislators can allow marriages with minors involved after consulting both specialists and the parents.
However, the statistics that have been recorded annually since the entry into force of the family code raise several questions, considering the significant increase cited in the number of marriage fees for minors. Concerned actors such as government institutions, civil society groups and individuals should therefore all work together to counter the phenomenon of child marriage, which seems to be spreading rapidly here.
There is no doubt that the phenomenon is a source of major concern for Morocco given the increasing number of married minors and the catastrophic effects this type of marriage has on the rights of children. In addition to being robbed of their childhood, these children become vulnerable to physical and psychological violence and economic and sexual exploitation.
The high rates of married minors are also linked to high rates of maternal and infant mortality. Child marriage and early pregnancy also hinder girls and women to complete their education and enter the workforce. Child marriage impedes advancement in society.
There has been a flood of initiatives to tackle the family code and amend the law so that it bans underage marriage without any loopholes. Human rights organizations and children´s rights groups emphasize that underage marriage is a form of forced marriage and therefore child rape. They have campaigned for amendments of the law and argue that the “exception” provided in the family code that opens up for the possibility of minors getting married actually has become the rule.
