E/C.12/MAR/CO/3
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(c)
Obstacles to the enjoyment of the rights enshrined in article 8 of the Covenant,
such as the cumbersome administrative formalities for setting up trade unions;
(d)
The continued restrictions on the right to strike stemming from article 288 of the
Criminal Code, which contravene article 8 of the Covenant;
(e)
The large number of children living in the street;
(f)
The persistently high rate of maternal mortality, despite the State party’s efforts.
14.
The Committee is concerned at the lack of legal remedies available to victims of
violations of the rights enshrined in the Covenant.
15.
The Committee notes with regret that polygamy, despite the restrictions placed on it by
the new Family Code, continues to be practised in Morocco. The Committee recalls that
polygamy is a violation of a woman’s dignity and constitutes discrimination against women.
16.
The Committee continues to be concerned that, despite the progress made in the new
Family Code, particularly with regard to the procedure for divorce by mutual consent, the
abolition of compulsory matrimonial guardianship for women and restrictions on one-sided
divorce, Moroccan legislation still contains some discriminatory provisions, particularly with
regard to inheritance and criminal matters.
17.
The Committee notes with concern that domestic servants and agricultural workers are
not protected by the 2003 Labour Code and are thus exposed to exploitation.
18.
While acknowledging the measures taken by the State party to promote employment, the
Committee remains concerned at the alarmingly and persistently high level of unemployment in
Morocco, particularly among the young. In this respect, it notes with concern that scant
employment opportunities and low salaries lead to the emigration of individuals of working age.
19.
The Committee is concerned at the lack of effective remedies for workers in cases of
unfair dismissal and at the refusal by employers to pay termination indemnities.
20.
The Committee is concerned at the inadequate provision of occupational medical care in
private companies in Morocco and at the lack of statistics on conditions of employment and
occupational health and safety in such companies.
21.
The Committee notes with concern that coverage under the social security system in
Morocco remains inadequate and unequally distributed between rural and urban areas and among
the regions.
22.
The Committee notes with concern that the minimum retirement pension of 500 dirhams
paid by the National Social Security Fund (CNSS) does not guarantee an adequate standard of
living for retirees and their families.
23.
The Committee acknowledges the efforts made by the State party to combat domestic
violence, but notes with concern that the State party’s Criminal Code contains no specific
provision making domestic violence a punishable offence.