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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on the Elimination of Discrimination against Women
- UN Committee against Torture
- UN Subcommittee on Prevention of Torture
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
CCPR/C/MAR/CO/6
Report Issued: 1 December 2016
Last Reported: 31 August 2015
Positive Developments: The Committee welcomes the legislative and institutional measures taken by the State party, notably the amendment of the Nationality Code in 2007, which now allows Moroccan women in most cases to transmit their nationality to their children regardless of the nationality of the father (para 3).
Equality between men and women and practices that are harmful to women: The Committee welcomes the recognition of the principle of equality in the Constitution of 2011 but is still concerned, however, about: the continued existence of legislative provisions that discriminate against women, particularly as regards a matrimonial regime that continues to permit polygamy, divorce, child custody, legal guardianship of children, inheritance and the transmission of nationality to a foreign spouse; the high number of polygamous marriages; and the increase in early marriages. The State party should amend the legal provisions that allow for exceptions to the minimum age for marriage (paras 13, 14).
Violence against women: The Committee welcomes the fact that, in 2014, the State party abrogated article 475 (2) of the Criminal Code, which had allowed rape charges to be dropped when the victim was a minor if the perpetrator married the victim. The State party should ensure that victims of domestic or sexual violence receive proper legal, medical and psychological assistance and improve victim support facilities and mechanisms (paras 15, 16).
Asylum seekers and refugees: The Committee takes note of concerns regarding the detention and treatment of child migrants and regarding the legal barriers to the registration of newborns, the recognition of marriages of asylum seekers and refugees and the transmission of nationality, which may cause children born on Moroccan territory to be stateless ( para 35).
The State party should remove legal barriers to the registration of newborns and the recognition of marriages among refugees and asylum seekers, revise the Nationality Code of 2007 so that nationality may be transmitted to all children born in Morocco, consider ratifying the 1954 and 1961 conventions on statelessness and establish a legal framework that will prevent statelessness (para 36).
Child labour: The Committee remains concerned about the continued economic exploitation of children, particularly as domestic and farm workers. The State party should rigorously enforce the laws on child labour and child exploitation with a view to putting an end to these practices. It should also pursue its efforts to raise public awareness and strengthen its oversight mechanisms (paras 47, 48).
The Amazigh: The Committee welcomes the fact that the Amazigh language has been recognized as an official language of the country in the Constitution but finds it regrettable that the draft organic law concerning the measures to be taken to give effect to that recognition has not yet been adopted. It remains concerned about the difficulties encountered by Amazighs seeking to be taught in their language, to use their language in judicial and administrative proceedings and to register the Amazigh first names of their children.
The State party should step up its efforts to adopt an organic law on the Amazigh language in the near future, to provide Amazighs with greater access to schooling in their language, to permit the use of the Amazigh language in judicial and administrative proceedings and to allow persons’ Amazigh first names to be registered (paras 49, 50).
CCPR/CO/82/MAR
Last reported: 25 / 26 October 2004
Concluding Observations issued: 3 November 2004
Issues raised:
Child labour: The Committee notes that child labour is still widespread in Morocco, even though the new Labour Code prohibits work by children under the age of 15. (Paragraph 31).
The State Party is requested to take the measures envisaged to implement the provisions of the Labour Code in respect of minors (Covenant, art. 24).
Nationality: The Committee notes that a child born of a Moroccan mother and a foreign father (or a father of unknown nationality) is treated differently from the children of a Moroccan father with regard to obtaining Moroccan nationality. (Paragraph 32).
The State party should comply with the provisions of article 24 of the Covenant and should ensure equal treatment for the children of a Moroccan mother and a Moroccan or foreign father (Covenant, arts. 24 and 26).
UN Committee on Economic, Social and Cultural Rights
E /C.12/MAR/CO/4
Last reported: 30 September and 1 October 2015
Concluding Observations issued: 22 October 2015
Issues raised:
Discrimination: The Committee remains concerned about: [...] (c) The de facto discrimination against Amazighs, especially in terms of access to education and employment (art. 2). (para 13)
The Committee recommends that the State party: [...] (d) Ensure that women, persons with disabilities, asylum seekers, refugees, migrants, Sahraouis, children born out of wedlock and homosexuals can enjoy the rights recognized in the Covenant, particularly access to employment, social services, health care and education. (para 14)
Domestic workers: The Committee expresses its concern about the bill establishing the conditions of work and employment of domestic workers under which children would be permitted to work from 16 years onwards — a situation which would have a negative impact on their right to education. The Committee is also concerned at the absence of strict measures to secure the full protection of the rights of domestic workers (arts. 7 and 13). (para 29)
The Committee recommends that the State party adopt the bill establishing the conditions of work and employment of domestic workers. It recommends that the State party ensure that the law adopted sets the minimum age for employment at 18 years and ensures that domestic workers enjoy as just and favourable conditions of work as other workers. It also recommends that the State party put in place an inspection mechanism to monitor the working conditions of domestic workers. (para 30)
Child and forced marriages: The Committee expresses its concern at the fact that, in certain situations, a marriage can lawfully take place before the legal age of 18 years, which has increased the number of child and forced marriages in the country. The Committee is also concerned that a bill under consideration by Parliament sets the minimum age of marriage at 16 years (arts. 10 and 13). (para 39)
The Committee invites the State party to amend the bill so as to set the minimum age for marriage at 18 years, to repeal article 20 of the Family Code, under which a judge may authorize a marriage before the legal age of 18 , and to ensure that marriages are entered into with the free consent of both parties. (para 40)
Poverty: While it recognizes the progress made in reducing poverty, the Committee remains concerned about the fact that poverty continues to affect women, children, the Amazighs, the Sahraouis, older persons, persons with disabilities and persons living in rural areas in particular. The Committee is also concerned that resources are neither properly shared nor fairly distributed (art. 11). (para 41)
The Committee recommends that the State party increase its efforts to reduce poverty, in particular by adopting a human rights-based poverty reduction strategy that specifically targets the needs of disadvantaged and marginalized individuals and groups, allocating sufficient financial and other resources to their implementation and ensuring that these resources are fairly distributed among those affected by poverty. In this regard, the Committee refers the State party to its statement on poverty and the International Covenant on Economic, Social and Cultural Rights (2001). (para 42)
Education: The Committee notes the significant progress made in providing access to education but remains concerned about school dropout rates and academic failure, and also about the poor quality of public education. The Committee is concerned about the spread of private education, which could lead to a form of segregation, with good -quality education restricted to those who can pay for private, elite schooling. The Committee also expresses its concern at the limited access to preschool education, the disparities between school enrolment rates for girls and boys, and the difficulties the Sahraouis experience in accessing education, especially at the university level (arts. 13 and 14). (para 47)
The Committee recommends that the State party take urgent measures to address the problems of poor-quality public education, school dropouts and academic failure. It recommends that the State party develop an appropriate educational system and programme, placing the emphasis on preschool education, education or literacy training in the mother tongue, vocational training and support for school dropouts. The Committee urges the State party to take additional measures to improve school enrolment rates among girls in rural areas and ensure that the significant increase in private education does not lead to growing inequality in access to good-quality education. The Committee also recommends that the State party consider the specific needs of the Sahraouis with a view to providing them with an education that enables them to play a useful part in a free society and encourages understanding, tolerance and friendship between nations and ethnic groups. (para 48)
Cultural rights: The Committee takes note of the fact that the Amazigh language has been constitutionally recognized as an official language but finds it regrettable that the draft organic law to implement that recognition has not been adopted to date and that the Amazigh language is not taught at every level of education. The Committee remains concerned about the practical difficulties that the Amazigh community sometimes encounters in registering Amazigh first names and about the fact that very few programmes in Amazigh are shown on public television, despite the efforts of the State party. The Committee also expresses its concern at the fact that the Saharo-Hassani language and culture are not sufficiently supported. Lastly, it notes that considerable efforts are still required to ensure access to culture and science for all (art. 15). (para 49)
The Committee recommends that the State party adopt the draft organic law on the recognition of the Amazigh language as one of the official State languages as soon as possible and redouble its efforts to provide primary, secondary and university education in Amazigh, increase the use of Amazigh on television and lay down definite regulations on the question of Amazigh first names. The Committee further recommends that the State party take measures to guarantee Amazighs and Sahraouis full and unrestricted enjoyment of their right to take part in cultural life. It also recommends additional measures to protect cultural diversity and permit Amazighs and Sahraouis to preserve, develop, express and disseminate their identity, history, culture, language, traditions and customs. Lastly, the Committee encourages the State party to continue to facilitate access to culture and science for all, including access to the Internet, particularly for persons with disabilities and the poorest sectors of the population. In this regard, the Committee invites the State party to refer to its general comment No. 21 (2009) on the right of everyone to take part in cultural life. (para 50)
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E/C.12/1/Add.55
Last reported: 22 / 23 November 2000
Concluding Observations issued: 30 November 2000
Issues raised:
Child Labour: The Committee regrets the continuing delays with regard to the adoption of a new labour code, aiming at the unification of existing labour legislation, which was already referred to by the Committee in its concluding observations of 1994. Moreover, the Committee is concerned that certain issues contained in the draft labour code, such as the minimum age for labour and conditions of child labour, are not in conformity with the relevant ILO Conventions (Nos. 138 and 182 respectively), which the State party has not yet ratified. (Paragraph 17).
The Committee urges the State party to adopt the draft labour code and to ensure that the provisions thereof are in conformity with articles 6, 7 and 8 of the Covenant, as well as with the relevant ILO conventions to which Morocco is party. In this regard, the State party is strongly encouraged to ratify ILO Conventions Nos. 87 (on trade unions), 138 (on minimum age), 169 (on indigenous and tribal peoples) and 12 (on the worst forms of child labour). (Paragraph 41).
The Committee also expresses its concern that the State party does not provide for appropriately severe and enforceable penalties to ensure that employers, especially in the handicraft and light industries, are prevented from resorting to child labour under the legal minimum working age. (Paragraph 20).
The Committee urges the State party to take remedial action, including the imposition of appropriately severe penalties, in order to ensure that employers, especially in the handicraft and light industries, are prevented from resorting to child labour under the legal minimum working age. In addition, the Committee urges that the State party raise the minimum working age from 12 to 15 years, in accordance with ILO standards (Convention No. 138). (Paragraph 44).
Exploitation: The Committee is also concerned that there is no legislation in place which affords protection to those who are employed as domestic workers, especially young girls, who are ill-treated and exploited by their employers. (Paragraph 21).
The Committee also urges the State party to adopt legislation immediately in order to protect minors who are employed as domestic workers, especially young girls, from being exploited by their employers.
Children born out of wedlock: The Committee notes with concern the persistent discrimination against children born out of wedlock, who are frequently abandoned by their parents, and their lack of legal protection with regard to personal status and family law. (Paragraph 23).
The Committee reiterates its recommendation in paragraph 23 of its concluding observations of 1994 (E/C.12/1994/5) that the State party take legislative and other measures to eliminate discrimination and ensure effective protection against discrimination with regard to children born out of wedlock.
Street children: The Committee is concerned about the large number of children who live in the streets, of whom 22 per cent are under the age of five. (Paragraph 24).
The Committee also strongly recommends that the State party address the problem of street children and children born out of wedlock who are abandoned by their parents. (Paragraph 48).
Infant mortality: The Committee expresses its concern about the high rate of maternal and infant mortality in Morocco. (Paragraph 29).
The Committee urges the State party to take all necessary measures in order to address the problem of the high rate of maternal and infant mortality in Morocco. (Paragraph 53).
Education: The Committee is deeply concerned about the low level of primary school attendance. Currently less than 50 per cent of children of both sexes are being regularly educated. In addition, the Committee is also concerned that the access of young girls to education is considerably more limited, particularly in the rural areas, which accounts for the fact that the adult illiteracy rate is 65 per cent for women, as against 40 per cent for men. (Paragraph 32).
The Committee strongly urges the State party to ensure access to free and compulsory primary education for all, especially for women and girl children, and particularly in the rural areas, taking into consideration the Committee’s General Comments Nos. 11 and 13 on the right to education, including primary education. In addition, the Committee requests that information be included in the next periodic report on government subsidies to private higher education and on education programmes for nomadic peoples, on measures taken by the State party in this respect and on the results of these measures. (Paragraph 55).
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UN Committee on the Elimination of Racial Discrimination
CERD/C/MAR/CO/17-18
Last reported: 16 / 17 August 2010
Concluding Observations issued: 25 August 2010
Issues raised:
Minority groups and education: The Committee notes the information that the State party has provided about steps taken to promote the Amazigh language and culture, particularly in education, and to strengthen the resources of the Royal Institute for Amazigh Culture. The Committee is nonetheless concerned that the Amazigh language is not consistently recognized as an official language in the State party’s Constitution, and that some Amazighs continue to suffer racial discrimination in accessing employment and health services, as well as in other areas, especially if they do not speak Arabic (art. 5). (Paragraph 11).
The Committee recommends that the State party step up its efforts to promote the Amazigh language and culture, particularly through the teaching of this language and culture, and take additional steps to ensure that Amazighs are not subject to racial discrimination, in particular as regards access to employment and health services. It also encourages the State party to consider making the Amazigh language an official language under the Moroccan Constitution, and to provide literacy training for the Amazigh in their own language. Lastly, the Committee recommends that the State party give special attention to the development of regions inhabited by the Amazigh in the context of the work of the Consultative Committee on Regionalization.
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/MAR/CO/4
Last reported: 24 January 2008
Concluding Observations issued: 8 April 2008
Issues raised:
Harmful traditional practices: The Committee expresses concern that traditional discriminatory practices and strong stereotypical attitudes persist about the roles and responsibilities of women and men in family and society. These stereotypes present a significant impediment to the implementation of the Convention and are a root cause of the disadvantaged position of women in all areas, including in the labour market and in political and public life, negatively affecting women’s enjoyment of their rights and impeding the full implementation of the Convention. The Committee is also especially concerned about the role played by the media in perpetuating such stereotypes. (Paragraph 18).
The Committee encourages the State party to address stereotypical attitudes about the roles and responsibilities of women and men, including the hidden cultural patterns and norms that perpetuate direct and indirect discrimination against women and girls in all areas of their lives. It calls upon the State party to increase its efforts to design and implement comprehensive awareness-raising programmes to foster a better understanding of equality between women and men at all levels of society with a view to changing stereotypical attitudes and negative cultural norms about the responsibilities and roles of women and men in the family and society, in accordance with article 5 (a) of the Convention. The Committee also recommends that the media be encouraged to project positive images of women and the equal status and responsibilities of women and men in society.
Violence: While welcoming the measures adopted to combat and prevent domestic violence and violence against women such as the establishment, in 2002, of a national strategy to eliminate violence against women, developed in partnership with UNFPA, UNDP and UNIFEM, as well as the introduction of a national “green number” for battered women and girls and the appointment of “gender focal points” within the Criminal Investigation Directorate, the Committee remains deeply concerned that there is no specific legislation on violence against women and girls, including domestic violence and violence against domestic workers. (Paragraph 20).
The Committee urges the State party to enact as soon as possible, in accordance with its general recommendation 19, legislation on violence against women and girls, including domestic violence, to ensure that all violence against women constitutes a criminal offence, that women and girls who are victims of violence have access to immediate means of protection, including shelters, and redress and that perpetrators are prosecuted and punished adequately. The Committee calls upon the State party to amend, without delay, the Penal Code to ensure that marital rape is criminalized and criminal proceedings against rapists are not terminated when they marry their victims. The Committee also recommends that the State party conduct studies on the causes and extent of violence against women and girls, including sexual and domestic violence. The Committee requests the State party to collect disaggregated data on all forms of violence against women and provide information in its next report on the laws and policies in place dealing with such violence against women and the impact of the measures taken. The Committee also urges the State party to take steps towards the protection of domestic workers and to ensure that restrict ons on child labour are enforced, in order to protect the girls-child from multiple forms of discrimination.
Trafficking: The Committee is concerned about the lack of information on trafficking and sexual exploitation provided by the State party, especially of women and girls, as well as on the concrete measures adopted to prevent such phenomena. (Paragraph 22).
The Committee urges the State party to adopt effective measures to prevent and combat trafficking in persons, especially women and girls, and investigate thoroughly such cases, in accordance with article 6 of the Convention and general recommendation 19. It further calls upon the State party to increase international cooperation efforts to prevent trafficking, to prosecute and punish traffickers in accordance with the gravity of their crime, and ensure the protection of the human rights of women and girls who are victims of exploitation and trafficking, including by taking measures for their rehabilitation and social integration. The Committee calls on the State party to ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. It also calls on the State party to provide to the Committee, in its next periodic report, statistical data related to trafficking and exploitation .
Education: While noting the State party’s national strategy on education and the progress made in that field, the Committee notes with concern the continuing high level of illiteracy of women and girls, in particular in rural areas, which demonstrates patterns of indirect discrimination under article 10 of the Convention. It is also concerned about the high drop-out rate of girls from schools and the difficulty faced by girls who are domestic workers to attend school. (Paragraph 26).
The Committee recommends that the State party implement measures to ensure access to girls and women to all levels of education. Such measures could include canteens, boarding facilities, proper sanitation, water and electricity, which have a direct impact on the realization of their right to education, especially in rural areas. The Committee also recommends the State party to adopt temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25, to ensure the retention of girls in school. The Committee calls on the State party to continue to strengthen its efforts to improve the literacy level of girls and women through the adoption of comprehensive programmes of formal and non-formal education, adult education and training and increase training and employment of teachers, the development of gender-sensitive educational materials and the monitoring and evaluation of progress achieved towards time-bound targets. The Committee recommends that special attention be given to girls who are domestic workers, in order to ensure that they are not employed below the age of 15, allowing them to continue their education, at least until that age. The Committee urges the State party to raise general awareness of the importance of education as a human right and as a basis for the empowerment of women, and to take steps to overcome traditional attitudes that perpetuate discrimination .
Infant mortality: The Committee is concerned about the high rate of infant and maternal mortality in the State party, limited access to health care services and family planning, and the incidence of clandestine abortions, which puts the women’s health at great risk. (Paragraph 30).
The Committee calls upon the State party to increase women’s access to primary health care services, including reproductive health care and means of family planning. In light of its general recommendation 24, the Committee also recommends that the State party increase awareness campaigns on the importance of health care, including information on the spread of sexually transmitted diseases and HIV/AIDS as well as on the prevention of unwanted pregnancies through family planning and sex education.
Early marriage: While acknowledging that the Family Code, which came into force in February 2004, has established the minimum age of marriage for women and men at 18 years, the Committee remains concerned at the possibility that authorization may be granted by a judge to allow for marriage before that age, without any mandatory legal conditions having been fulfilled. It is also concerned at the high rate of approval of those authorizations and that the vast majority relate to girls, some as young as 13 years. (Paragraph 34).
The Committee calls upon the State party to ensure the strict implementation of the provisions on the minimum age of marriage of the Family Code. It also recommends that the State party amend the Family Code in order only to authorize marriage of children under exceptional strict mandatory legal conditions.
Migrant children: The Committee is concerned at the situation of migrants, refugees and asylum-seekers in the State party, as this phenomenon has increased with Morocco becoming also a country of destination and not only of origin and transit of migrants. The Committee is particularly concerned of their access to the labour market, health, education and social services, especially in the case of women and girls, as well as with their exposure to violence, including sexual violence. (Paragraph 44).
The Committee calls upon the State party to continue to strengthen its cooperation with UNHCR and adopt a national refugee legislation, in compliance with the Convention relating to the Status of Refugees and its Protocol. The Committee recommends that the State party allow refugees and asylum-seekers to access public services, provide work permits for those refugees and asylum-seekers who are documented, and ensure their right to security, especially for women and children.
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UN Committee against Torture
CAT/C/MAR/CO/4
Last reported: 1/ 2 November 2011
Concluding Observations issued: 21 December 2011
Issues raised:
Violence: In view of the scale of violence against women in Morocco, the Committee is deeply concerned by the absence of a specific, comprehensive legal framework for the prevention of violence against women, for the criminal prosecution of persons who commit such acts and for the protection of victims and witnesses. The Committee is also concerned by the fact that so few complaints have been filed by victims, that the prosecution service has not initiated criminal proceedings in such cases, that the complaints which are filed are not systematically investigated, even in rape cases, and that the burden of proof is excessive and is borne entirely by the victim in a society where the risk of stigmatization of such victims is high. The Committee is concerned by the absence of any specific law that makes marital rape a criminal offence. In addition, the Committee is deeply concerned by the fact that, under Moroccan law, the rapist of a minor can avoid criminal responsibility by marrying the victim. The Committee regrets the lack of information about the number of cases in which victims have married their rapists or have refused to do so (arts. 2, 12, 13 and 16). (Paragraph 23).
The Committee urges the State party to enact a law as soon as possible on violence against women and girls in order to ensure that any form of violence against women constitutes a criminal offence. The Committee also urges the State party to ensure that women and girls who are victims of violence have immediate access to means of protection, including shelters, and to redress, and that perpetrators are prosecuted and suitably punished. The Committee reiterates the recommendations made in that regard by the Committee on the Elimination of Discrimination against Women.5 The State party should amend its Criminal Code without delay to ensure that marital rape is criminalized and that criminal proceedings against rapists are not terminated if they marry their victims. The State party should also conduct studies on the causes and extent of violence, including sexual and domestic violence, against women and girls. The State party should present information in its next report to the Committee on the laws and policies in place to combat violence against women and on the impact of the measures taken.
Corporal punishment: The Committee notes with concern that there is no law in Morocco that prohibits the use of corporal punishment within the home, at school or in institutions that provide child protection services (art. 16). (Paragraph 24).
The State party should amend its laws in order to prohibit the use of corporal punishment in schools, in the home and in centres that provide child protection services. It should also raise public awareness of positive, participatory and non- violent forms of discipline.
Trafficking: The Committee is concerned by the general lack of information about the trafficking of women and children for purposes of sexual or other forms of exploitation and about the scale of trafficking in the State party, particularly with regard to the number of complaints, investigations, prosecutions and convictions and the steps taken to prevent and combat human trafficking (arts. 2, 4, 12, 13 and 16). (Paragraph 27).
The State party should step up its efforts to prevent and combat the trafficking of women and children. Those efforts should include the passage of a specific law on the prevention and suppression of trafficking and the provision of protection and access for victims to rehabilitation services, as well as medical, social, legal and counselling services, as needed. The State party should also make sure that victims are able to exercise their right to lodge a complaint. It should promptly conduct impartial, effective inquiries into all reports of trafficking and ensure that those responsible are brought to justice and receive sentences that are commensurate with the seriousness of their acts.
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UN Subcommittee on Prevention of Torture
No visits made.
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UN Committee on Migrant Workers
Ratified in 2003, but not yet reported
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UN Committee on the Rights of Persons with Disabilities
CRPD/C/MAR/CO/1
Last reported: 17 March 2014
Concluding observations issued: 25 September 2017
Principal areas of concern and recommendations
General principles and obligations (arts. 1-4)
The Committee recommends that the State party: promote and support the participation of organisations of women, children and young people with disabilities and persons with intellectual and/or psychosocial disabilities, and design mechanisms for and information about consultation processes in accessible formats for persons with intellectual disabilities (para. 11, b).
Children with disabilities (art. 7)
The Committee is concerned about reported violence against, abuse of and use of corporal punishment on children with disabilities, including abandoned children with disabilities, in the home, in alternative care and day-care settings and in schools (para. 16).
The Committee recommends that the State party adopt legislation and concrete measures to ensure that children with disabilities, including abandoned children with disabilities, are adequately protected from violence, exploitation and abuse, including corporal punishment, and that perpetrators are sanctioned (para. 17).
The Committee is concerned about the lack of effective representation of children with disabilities in national discourse, especially in the national parliament and congresses, and the lack of opportunity to express their views, especially on matters that concern them (para. 18).
The Committee recommends that the State party adopt a mechanism for conducting effective consultation with children with disabilities through their representative organisations, and that it ensure the full inclusion of children with disabilities in the national forum of children, the children’s parliament and children’s governorate and municipal councils, on an equal basis with other children (para. 19).
Liberty and security of the person (art. 14)
The Committee is concerned about the deprivation of liberty, on the basis of impairment and alleged dangerousness, of persons with disabilities, including children, and in particular persons with psychosocial and/or intellectual disabilities (para. 30).
The Committee recommends that the State party repeal provisions and practices that allow for the deprivation of liberty of adults with disabilities and children with disabilities on the basis of impairment, and introduce legal recourse for persons with disabilities at risk of being deprived of their liberty, including through institutionalisation or internment, and to that end be guided by, inter alia, the Committee’s guidelines on article 14 of the Convention (para. 31).
Freedom from exploitation, violence and abuse (art. 16)
The Committee is concerned about: violence against and abuse of persons with disabilities, including the forcible use of children with disabilities in begging, and the rape of women, girls and children with disabilities in institutions, and about the absence of effective measures for compensation for and rehabilitation and social reintegration of victims of violence, particularly women and girls with disabilities; the absence of training for families, caregivers, health personnel and law enforcement officials on recognising all forms of exploitation, violence and abuse, especially involving orphans, including in the labour market; the absence of concrete data, disaggregated by sex and age, on cases of violence and abuse committed in hospitals, particularly psychiatric hospitals, and places of detention, including on budgetary allocations aimed at making those institutions functional (para. 34).
The Committee recommends that the State party adopt concrete and effective measures to ensure that persons with disabilities, especially women and girls with disabilities who are victims of gender-based violence and children with disabilities who are victims of ill-treatment, have access to services and information, including hotlines, shelters, victim support services, consultation and counselling, and to complaint mechanisms that have a mandate to, among other things, provide compensation and impose sanctions against perpetrators; provide training for families, caregivers, health personnel and law enforcement officials on recognizing all forms of exploitation, violence and abuse, and communicate and work effectively with persons with disabilities who are victims of violence; set up an independent mechanism to prevent violence against and abuse of persons with disabilities; monitor, in line with article 16 (3) of the Convention, facilities and programmes designed to serve persons with disabilities; and provide requisite budgetary allocations to ensure that such facilities and programmes are functional and effective (para. 35).
Protecting the integrity of the person (art. 17)
The Committee notes with concern that persons with disabilities in the State party, particularly intersex persons with disabilities, are subjected to corrective surgeries and to the practice of forced sterilization, including forced chemical castration (para. 36).
The Committee recommends that the State party prohibit and criminalize the practice of corrective surgeries on intersex persons with disabilities, in the absence of prior and informed consent, and the practice of forced sterilization, including forced chemical castration. It also recommends that the State party raise awareness of such practices as harmful and strengthen mechanisms aimed at ensuring that the informed consent of persons with disabilities is given for any medical and surgical treatment (para. 37).
Living independently and being included in the community (art. 19)
The Committee notes with concern the high number of persons with disabilities, including children, living in institutions; the absence of community support services that provide for inclusion of persons with disabilities in the community; the marginalization of persons with disabilities, especially persons with psychosocial and/or intellectual disabilities, from participation in the activities of daily life owing to a lack of accessible essential services; the absence of a policy on deinstitutionalization and independent living (para. 38).
The Committee recommends that the State party: recognise in its legislation the subjective right of persons with disabilities to live independently and be included in the community; set up a strategy for the deinstitutionalisation of persons with disabilities that includes provisions for collecting data, particularly of abandoned children with disabilities in institutions, a clear time frame and indicators; adopt a plan at the national and regional levels to develop community support services in urban and rural areas, including personal assistance, grants and support for families of children with disabilities and parents with disabilities, including support for the provision of assistive devices, guides and sign language interpreters; adopt measures at the national and local levels to ensure the accessibility of community services and facilities for all persons with disabilities in all areas of life (para. 39).
Freedom of expression and opinion, and access to information (art. 21)
The Committee is concerned about the lack of a unified sign language in Morocco that can be taught in public and private schools and recognised as an official language of deaf persons. It is also concerned about the lack of teachers trained in sign language and tactile formats and of translators able to render texts in Easy Read and Braille, the inaccessibility of websites and the inability of television stations to provide information in accessible formats for persons who are deaf or hard of hearing (para. 42).
The Committee recommends that the State party: adopt concrete measures to develop a unified Moroccan sign language that will be recognised as an official language of deaf persons and taught in schools, develop a pool of qualified sign language interpreters and teachers trained in tactile format, Braille and Easy Read translation skills and ensure that television stations provide news and programmes in accessible formats, especially for persons who are deaf or hard of hearing (para. 43).
Respect for home and the family (art. 23)
The Committee is concerned about the absence of support services available to families of children with disabilities and the absence of education and information on sexual and reproductive health and family planning for persons with disabilities (para. 44, a).
The Committee recommends that the State party take measures to ensure support for families of persons with disabilities, including parents with disabilities, to raise their children at home; take measures to provide persons with disabilities with access to information, in appropriate formats, on sexual and reproductive health and family planning and amend the Family Code to ensure the enjoyment of the right to marriage by persons with psychosocial and/or intellectual disabilities (para. 45).
Education (art. 24)
The Committee is concerned about: the prevalence of a segregated special education system in the State party and the low number of students with disabilities in the regular education system and its classes; barriers faced by students with disabilities with respect to accessing mainstream schools, such as long distances, a lack of teachers trained in inclusive education, a lack of accessible curricula, a lack of knowledge of sign language and negative societal attitudes opposing the attendance of children with disabilities at regular schools; the absence of measures to provide reasonable accommodation in the area of education, especially in rural areas, and the lack of a reporting mechanism for parents and children with disabilities who are denied access to education or reasonable accommodation, to ensure accountability (para. 46, a, b and c).
The Committee recommends that the State party, in line with general comment No. 4 (2016) on the right to inclusive education: adopt, implement and oversee a comprehensive plan to develop an inclusive education system throughout its territory, allocating resources for developing accessible education environments; establish a permanent programme for training of teachers on inclusive education, including, preferably, training on sign language and the development of methodological tools for teaching; carry out periodic information campaigns in accessible formats, including Easy Read, to promote the enrolment in education of all persons with disabilities, especially women and children with disabilities and those living in rural areas; adopt a strategy to provide reasonable accommodation in schools and other learning institutions, including through technology and classroom support, accessibility and learning materials; pay attention to the links between article 24 of the Convention and targets 4.5 and 4. a of the Sustainable Development Goals, with a view to ensuring equal access to all levels of education and vocational training and building and upgrading education facilities that are disability-sensitive and safe (para. 47).
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UN Committee on Enforced Disappearance
Signed in 2007, but not yet ratified.