InMorocco,abortion isillegal except fortherapeutic abortion. Though the law does not specify grounds for abortion, the country's medical code of conduct only permits abortions to save the life of the mother up tofetal viability. Legal abortions must have theconsent of the spouse or of the regional chief medical officer, unless three physicians declare that the pregnancy risks death. Performing or receiving an abortion outside of these conditions, as well as promoting abortion, is punishable by fines or imprisonment. Though the government does not publish data on abortion, estimates say that the country has hundreds of illegal abortions per day, most of which areunsafe.
Morocco inheritedFrench law banning abortion before becoming independent. It added an exception for therapeutic abortion in 1967. Abortion was not a focus when the country introducedsexual and reproductive health programs in the 1990s. TheJustice and Development Party, which became the ruling party in 2011, opposed abortion. Theabortion debate in the country was strengthened by reports of fatal abortions and by the 2014 firing of gynecologist andpro-choice activistChafik Chraïbi [fr;ar]. KingMohammed VI then established a council to review the law, which proposed expanding the legal grounds for abortion to include rape, incest, andbirth defects. A 2016 draft law included this proposal but was withdrawn in 2021. TheParty of Progress and Socialism also proposed a law expanding legal abortion. Events that contributed to the abortion debate included a 2019 abortion allegation against journalistHajar Raissouni, the 2022 death of a rural teenager, and the 2023 drafting of a newfamily law.
Illegal abortions are common and are mostly performed at medical facilities.Self-induced abortions commonly use herbalabortifacients orabortion pills which are sold on theblack market. Abortion is common among women who haveunintended pregnancies; unmarried women who get pregnant usually have abortions asnon-marital sex is illegal. Proponents of abortion in Morocco primarily invokepublic health arguments, whileanti-abortion activists are influenced byIslamic abortion law—particularly of theMaliki school—and the view thatfetuses have souls. Groups that advocate for legal abortion include the Moroccan Organization against Clandestine Abortion, founded by Chraïbi, and theMouvement alternatif pour les libertés individuelles [fr;ar], founded byIbtissame Lachgar.
Chapter 8 of thepenal code of Morocco, "Crimes and Offenses against Family Order and Public Morality", prohibits abortion, with an exception if the pregnancy threatens the life or health of the mother.[1] Article 453 requires abortions to be performed by a physician withspousal consent, and, ifreceived by a minor, parental consent; an abortion without spousal consent must be approved by the chief medical officer of theprefecture or province. If the pregnancy is life-threatening, the provider may waive these requirements and notify the chief medical officer; the country's medical code of conduct requires that two additional physicians independently write that there is a risk to life.[2][1][3] The wording of the law does not explicitly require the consent of the woman receiving the abortion.[4]
Articles 449, 451, and 454 of the penal code set punishments for illegal abortions. The recipient may receive a prison sentence of six months to two years and a fine of 200 to 500dirhams. The provider may receive the same fine and a prison sentence of one to five years, which is increased to ten to twenty years if the procedure is fatal.[2][3] The chapter also bans "inciting abortion", which includes public advertising, promotion, or distribution of abortion services, punishable by a prison sentence of two months to two years and a fine of 200 to 2,000 dirhams.[5]
The law does not specify what cases count as a risk to health. Out of caution, the interpretation of most physicians is to only allow abortions if there is a risk to life,[6] which is also how the medical code of conduct definestherapeutic abortion.[2] The law also does not specify agestational limit, so providers must determine whether to allow an abortion at any stage;[6] the code of conduct allows it up tofetal viability.[2] Legal approval of an abortion requires strong evidence and is often influenced by politics. The public medical system mostly avoids it.[7] Medical professionals also avoid providing information about abortion due to the law against inciting abortion.[8]
Morocco's abortion law is more restrictive than thesharia-basedabortion law of Saudi Arabia.[9] TheUnited Nations has urged the country to change its abortion laws to comply with treaties such as theConvention on the Elimination of All Forms of Discrimination Against Women.[10] As of 2019[update], Morocco has not signed theMaputo Protocol, which includes a right to abortion.[11]
TheFrench protectorate in Morocco inheritedFrance's abortion law. With the support of SultanYusef of Morocco, France extended theNapoleonic Code to the protectorate in 1913, which banned abortion.[12] France passed another law banning abortion in 1920, which was passed by the Moroccan government in 1939. Policies in the region had the goal ofpopulation control.[13] This ban was aligned with the opinion of theMaliki school of Islamic law. AfterMorocco's independence in 1956, the country kept the ban.[14] The ban was amended to permittherapeutic abortion in 1967, two years after the creation of afamily planning program.[15]
Following the 1994International Conference on Population and Development, Morocco began focusing onsexual and reproductive health programs, shifting from the population control framework from the 1960s, but the subject ofunsafe abortion in the country was largely ignored.[16] After Morocco committed to the United NationsMillennium Development Goals, physicians argued that unsafe abortions were a barrier to decreasing maternal mortality,[17] but reports on progress toward these goals barely mentioned abortion. The country'sUnited Nations Population Fund program from 2012 to 2016 did not mention abortion.[16]
The Moroccan Organization against Clandestine Abortion (AMLAC) was founded in 2008 with the goal of a "clear legal framework" to permit abortions for health reasons,[1] led by gynecologistChafik Chraïbi [ar]. He argued that the grounds should be expanded to account for complete physical and mental health, including the emotional harm caused by birth defects, in line with theWorld Health Organization's definition of health.[18] TheJustice and Development Party (PJD), with anIslamist ideology, became the ruling party in 2011 during theArab Spring. The party opposed abortion, and prosecution of abortion increased.[19] TheMouvement alternatif pour les libertés individuelles [fr] (MALI), founded by activistIbtissame Lachgar, created a petition to lift the abortion ban in March 2012. The group collaborated with the Dutch NGOWomen on Waves to bring a ship to Morocco that would providemedical abortions ininternational waters. Hundreds of religiousanti-abortion protestors assembled in response to this event.[20]
Chraïbi was fired from his position atLes Orangers Maternity Hospital in December 2014 after allowing the hospital to appear in a French documentary in which he discussed unsafe abortion.[21] This invigorated discussion of abortion in the country, with widespread support for Chraïbi,[22] and his position was restored after an intervention from KingMohammed VI.[21] The debate was also motivated by reports of fatal abortions.[23] AMLAC held a debate with members of theParliament of Morocco in March 2015. A party deputy of PJD,Mustapha Ibrahimi, concurred with Chraïbi's argument about fetal defects despite saying that the fetus has its own life. Other members of the party, includingAbdelilah Benkirane andSaadeddine Othmani, supported exceptions for rape and incest.[24]
In response to the public debate, Mohammed VI launched a consultation about abortion on 16 March. Widely considered a progressive leader, the king had previously introduced reforms tothe country's family law[25][26] but had not previously spoken about abortion.[27] With the intent to enable legal reform, he formed a council led by theMinister of Islamic Affairs, theMinister of Justice, and the president of theNational Human Rights Council (CNDH).[1] On 15 May, the council recommended that abortion be permitted in "cases offorce majeure": rape, incest, risk to health, or birth defects.[22][28] Minister of HealthEl Hossein El Ouardi, of theParty of Progress and Socialism (PPS), said that the existing abortion law "is not fair to women" and "doesn't take into account the reality that Moroccans live in these days"; he supported legalizing abortion for mental health grounds, but did not support providing abortions for free, asis done in Tunisia.[21][27]
After the proposed abortion reform was approved by religious authorities of theHigh Council of Ulemas [ar],[29] it was included in the proposed penal code reform of Law No. 10-16, introduced by theCabinet on 9 June 2016.[28][30] This would have permitted abortion up to a gestational age of 90 days in the case ofpregnancy from rape or incest, or 120 days if the mother has a mental disability or the pregnancy risksbirth defects. It would have required that, to receive an abortion, a woman must undergo a judicial process approved by the Public Prosecutor, notify a prefectural or provincial officer, and undergo awaiting period of three days. Cases that qualified as risking birth defects would have been determined by committees of theMinistry of Health. Mental disabilities that qualified would have been listed by the National Council of the Order of Medical Doctors, and such cases would have required spousal or parental consent.[1]
Many media sources described the proposed law asliberalization of the abortion law, though organizations that advocated for it, including AMLAC, considered it a measure to avoidpublic health risks.[31] CNDH also expressed support for legal abortion in the cases described by the law.[32] According to anthropologist Irene Capelli in 2019, these proposals would not make it feasible for most women to follow the requirements for legal abortions, and it is unlikely that reforms would lead to the availability of abortion on demand in Morocco.[33] The Moroccan Family Planning Association also stated that reforms would not enable unmarried women to receive abortion asnon-marital sex would remain illegal.[23] Chraïbi said that the law would be ineffective as its grounds only covered one-tenth of the country's abortions.[26][34]
Touria Skalli [fr] of the PPS introduced a bill in April 2018 that would that would expand the legal grounds for therapeutic abortion.[28][1] PPS representativeNouzha Skalli, as well asAuthenticity and Modernity Party representativeKhadija Rouissi [fr], called for a health plan that would introduce legal abortion andsex education.[21] In June 2019, AMLAC led asit-in in front of the Parliament building in support of abortion, with Chraïbi saying, "We want to show that we are here, that we will not stop, and that we support women."[35] The same year, journalistHajar Raissouni was detained after allegations including illegal abortion. Before she was pardoned, the case increased debate about abortion and theright to privacy; reactions included a pro-choice declaration by writersLeila Slimani andSonia Terrab[12] and the creation of the activist group Moroccan Outlaws 490, opposing the law ofArticle 490 that banned non-marital sex.[36][37] In response to the case, the National Human Rights Council wrote in support of legalizing abortion, which PJD opposed.[12] The government began a crackdown on illegal abortion in 2018, which halved the illegal abortion rate by 2025, according to Chraïbi.[38]
Draft Law No. 10-16 was withdrawn in November 2021, after theNational Rally of Independents became the ruling party, as the party'sAbdelattif Ouahbi favored creating a new draft.[12] Chraïbi attributed the bill's failure to the PJD government.[28][12] The fatal abortion of a 14-year-old rape victim in a village nearMidelt in September 2022 led to a wave of activism.[28][39] It was the focus of ahashtag campaign by Moroccan Outlaws and a protest outside of Parliament led by the feminist coalition Spring of Dignity onInternational Safe Abortion Day.[40][37] PJD's Benkirane responded in opposition to abortion, while Othmani blamed the ruling government for failing to add a rape exception to the abortion law.[41] The Minister of Families,Aawatif Hayar, said that the government was open to abortion reform, but that it must "respect Islamic law and be acceptable to Moroccan society".[39] Amid Ouahbi's drafting of a new penal code in 2023, protestors called for a reform of the family law, including the legalization of abortion.[42] Representatives of PJD opposed such proposals.[43] A 2024 report byAmnesty International said that Morocco's abortion ban was "forcing women and girls into dangerous situations", which led to a "climate of fear".[44][45][43]
Morocco had 699,692 abortions between 1995 and 2000.[46] As of 2019[update], there is no government data more recent than 1995;[33] the illegality of abortion contributes to a lack of information.[47] The Moroccan Family Planning Association (AMPF) estimates a rate of 30 to 40 abortions per 1,000 women. It estimates the daily number of abortions as 700 to 1,000,[48] while AMLAC estimates it as 600 to 800, as of 2022[update].[49] Abortion is a taboo subject in the country, which leads women to keep abortions secret.[50] The stigma and the lack of available data lead to a lack of research on abortion in Morocco.[51]
Despite being illegal, abortion is widely available in Morocco[52] and is widespread acrosssocial strata.[53] Most illegal abortions are provided by gynecologists or other medical professionals,[54] and they are conducted at local medical facilities, which are easily accessible in major cities.[55] The majority of such facilities perform abortions usingvacuum aspiration.[56] They often have unhygienic conditions[57] and lack adequateanesthesia oroperating theaters. The cost of such services is about 1,500 to 8,000 dirhams (150 to 800 US dollars), as of 2024[update].[58] Women who can afford these providers often cannot receive the procedure in time,[54] and providers may arbitrarily decide when to refuse abortions.[59]
Many women cannot afford abortion providers and instead performself-induced abortions[53] or receive abortions from providers who are not physicians.[54] As of 2024[update], abortions from such providers cost 1,000 to 4,000 dirhams, while products for self-induced abortions cost 100 to 4,000 dirhams; abortion drugs are the most expensive products,[58] sometimes sold at a markup of ten times.[45] These prices are often arbitrary, and the cost of multiple attempts is higher than most women can afford.[58] The drugmisoprostol is approved only as auterotonic, though it is used for legal abortions in some hospitals.[60] The misoprostol products Cytotec andArthrotec were banned from pharmacies in 2018 for their use in illegal abortions. These pills then became available on theblack market,[45][61] being imported from abroad or stolen from hospitals. The black market widely occurs on online platforms such asFacebook Marketplace. TheMouvement alternatif pour les libertés individuelles [fr] also distributes abortion pills for free.[45] Many traditional abortion methods in Morocco involve herbs that are poisonous or cause cramps, which are often combined with drugs that are falsely believed to induce abortion.[62] About 19abortifacient plants, including the herbhantita, are used in the country.[63] Public discourse widely views abortions usingherbal medicine as more unsafe than those using biomedical methods.[64]
According to AMPF, 72% of abortions in Morocco areunsafe, as of 2023[update].[48] Unsafe abortion contributes to the country'smaternal mortality rate, which was 72.6 per 100,000 births in 2016.[65] According to official sources, unsafe abortion is the fourth-most common cause of maternal mortality;[57] the Ministry of Health estimates it to be the primary cause of 1.3% of maternal deaths and the secondary cause of 1.8%, as of 2018[update].[48] According to AMLAC, official statistics underestimate this rate.[66] Women who receive unsafe abortions often avoid receivingpost-abortion care, and those who do may face medical abuse or legal investigations.[67]
Most women who get pregnant outside of marriage have abortions.[66] A 2013 Ministry of Health survey reported that 70% ofunintended pregnancies among young women result in abortions.[48] The country has a stigma surroundingnon-marital sex, which isa criminal offense. This leads to a lack ofcontraception among unmarried couples, who may fear requesting it from public facilities or face limitations to receive it from NGOs. Children from unmarried couples lack legallegitimacy.[68] This and the societal repercussions of non-marital sex are motivating factors for abortions among unmarried women. Married women with unintended pregnancies are often motivated to have abortions because of their financial conditions.[69] According to Chraïbi, women who cannot get abortions oftenabandon babies at hospitals,[22] and those who are unmarried may die from suicide orhonor killing.[70]
Medical professionals may be fired or legally prosecuted for performing or aiding in illegal abortions.[71] They also may be required to testify against others whom they know to have performed abortions; reporting abortions constitutes an exception tomedical privacy laws.[72] Abortion laws are unevenly applied, with no legal guidelines on how to prosecute cases, and it is often falsely reported that punishments do not apply.[73] As of 2014[update], at least 200 people are incarcerated for illegal abortions.[70] Moroccan courts had 87 trials against 136 people convicted of abortion in 2021, an increase from 73 cases against 107 people in 2019.[74] According toAmnesty International, the risk of being prosecuted for abortion means that victims offorced abortion andpregnancy from rape avoid reporting it.[75]
Morocco'sstate religion isSunni Islam, primarily influenced by theMaliki school of jurisprudence. This school holds that abortion isharam after the fetus hasgained a soul, which is said to occur by a gestational age of 40 days.[76] Other Islamic interpretations conditionally permit abortion, as was the view of the 1971 Rabat Conference on Islam and Family Planning.[77] According to gynecologist Imane Khachani of the feminist groupWomen Deliver, most people in Morocco oppose abortion, except when people they know want to receive the procedure.[22]
Theabortion debate in the country largely focuses on the authority ofbiomedical experts and the government.[78]Sexual and reproductive health initiatives in the country rarely address abortion reform, which is instead seen from ahealth economics perspective.[16] Whereasfeminist,secularist, andleftist movements face heavy opposition fromIslamist leaders, medical professionals do not use such positions to support abortion, instead invokingpublic health arguments based on their professional authority.[79] Medical advocacy for abortion has been joined by feminist groups, who argue that illegal abortion harms women who are young or poor.[80] The women's rights groupSolidarité Féminine was formed to advocate against unwanted pregnancies.[81] Moroccan youths often participate in pro-choiceinternet activism.[37]
Anti-abortion activists often highlight the soul of the fetus, arguing thata fetus should have a chance to live to become a good member of society. Likewise, the Moroccan Right to Life Association equates abortion with murdering children. Activists also use photographs of aborted fetuses to demonstrate the view that they are human bodies. Such views are more widespread than feministpro-choice views, requiring pro-choice activists to balance their arguments.[82]
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