34 PERSPECTIVES ON BUSINESS AND ECONOMICS | VOL 42 | 2024 Unfortunately, the reform did not result in progress. In 2004, the number of judicial approvals for underage marriages was 18,341. After the reform to the Family Code, this number continuously increased to 39,031 in 2011 (NOHD, 2022). The reform aimed to decrease the number of child marriages, but the opposite occurred. Recent legislation has tried to offset this discrepancy. Recent legislation In more recent years, Morocco has enacted several laws and amendments to address the issue of underage marriage. Article 475 of the Moroccan Penal Code essentially legalizes forced child marriage (Sabbe et al., 2013). As originally written under this article, if an underage girl is raped, the rapist will not be punished if the two enter a marriage. In 2012, a young teenager committed suicide because her family forced her to marry her rapist. Outraged, the Moroccan public through protests and petitions called on the government to amend Article 475 (Johnson, 2014). As a result, in 2014, Article 475 was amended by abolishing the second paragraph, which means that rapists are now punished for their crimes even if they marry the survivor (Kingdom of Morocco, 2019). More recently, in 2018, Law 103.13 was passed to fight violence against women (United Nations, 2022). This law encompasses punishing perpetrators, preventing violence, and caring for the survivors and includes protecting women from forced marriage. However, this law does not explicitly refer to child marriage (Girls Not Brides, 2023). Furthermore, in 2020, the Permanent Mission of Morocco published a statement to the UN to adopt the 2030 agenda for sustainable development, which includes ending child marriage. The 2030 agenda for sustainable development addresses issues of gender violence, but Morocco does not explicitly state that it will take on the issue of child marriage. Instead, Morocco’s statement mainly focuses on environmental issues (Permanent Mission…, 2020). Morocco’s current Constitution also sheds light on how the Moroccan government is trying to fight child marriage. Several articles in Morocco’s constitution reflect the government’s desire to protect the rights of unmarried and married women. Article 19 states that men and women equally share rights in the political, economic, social, and cultural landscape of Morocco. Article 22 encompasses gender violence, such as forced child marriage, stating that people cannot harm others physically or mentally. Aiming to protect families and children, Article 39 reflects the importance of family and ensures the protection of all children regardless of their family situation (ESEC, 2019). According to the NOHD, approvals for child marriage have been gradually decreasing. In 2020, there were 13,335 legally approved marriages by family court judges, according to the Ministry of Justice, compared to 39,031 in 2011. Unregistered and informal marriages, such as marriages under Al Fatiha and marriages of convenience, are not counted by the Moroccan government (NOHD, 2022). Thus, the number of approved marriage applications reflects a lower prevalence than in reality. Despite the decrease in officially approved child marriages, the issue persists. Barriers to the implementation of new laws explain this discrepancy. Barriers to implementation Within the Moroccan Family Code, Constitution, and Penal Code, there exist laws that encourage and provide legal justification for child marriage. Legal deterrents to enforcing the minimum marriage age of 18 partially explain the increase in underage marriages for several years after the 2004 Family Code reform and why they have come down, but only slowly, since the peak in 2011. Additionally, cultural sentiments and social norms adopted by generations of Moroccans continue to pose obstacles to the implementation of laws regarding underage marriage. With help from the Moroccan government and international organizations, these hurdles might be overcome. Legal barriers Morocco has taken a paradoxical stance on child marriage through its implementation of laws. A strong position against child marriage supported by clear laws is the first step in fighting child marriage, and contradictions in the current legal systems have been a barrier to progress. Contradictions within the Family Code offer a clear explanation for a continuation of child marriages after its reform. Articles 20 and 21 directly oppose the progress of Article 19, allowing for judges to approve marriages regardless of whether a girl’s legal guardian gives permission. The judge must give a valid reason for the union, but the parameters for approval are broad, leaving much open for interpretation (ESEC, 2019). To formally authorize a marriage, a judge must order a medical investigation of the bride and possibly seek information on her social circumstances to determine if she is marrying of her own accord (UN Women, 2019). Unfortunately, judges rarely follow this rule and approve marriages without abiding by the correct procedure (Sabbe et al., 2013).
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