Recognizing Women's Domestic Work: A Major Legal Reform in Preparation in Morocco

During an international conference on the legal value of unpaid domestic work, Moroccan justice minister abdellatif ouahbi announced an ambitious initiative aimed at reforming the country's laws to recognize domestic work, predominantly performed by women, as an essential economic contribution, particularly in divorce contexts.

Held on april 15 in rabat in partnership with the european union and the council of europe under the ma-just program, the conference gathered lawyers, policymakers, and experts to explore global approaches to valuing domestic work within family law. ouahbi emphasized morocco's determination to address legal gaps that leave thousands of women in precarious economic situations after divorce.

“Unpaid domestic work is not only a social reality but also a constitutional and moral obligation to recognize,” he stressed. “It forms the foundation of family stability and is a key pillar of national economic resilience.”

A Persistent Legal Gap in the Family Code

Currently, article 49 of the moroccan family code stipulates that property acquired during marriage can only be shared if a written agreement has been established between spouses. In practice, this formal requirement is rarely fulfilled, depriving women—often responsible for the majority of domestic work and family care—of any legal claim to shared assets after separation.

ouahbi acknowledged that this article, as it stands today, offers limited protection to women. “It is necessary to introduce reforms that reflect the realities of modern moroccan families and protect women’s economic rights,” he stated.

The minister also mentioned amazigh cultural traditions, which have historically granted property rights to women by recognizing their contributions within the household. These practices, rooted in justice principles from islamic law, could inspire the proposed reforms.

Towards Economic and Legal Recognition of Invisible Work

The proposed reforms are part of a broader process to revise the family code, initiated in 2004 with major changes, such as raising the minimum marriage age for women to 18 and improving the protection of women's rights regarding child custody. However, two decades after these initial advancements, structural inequalities persist.

According to the policy center for the new south, moroccan women perform over 90% of domestic work, an effort largely overlooked by economic, legal, and social frameworks. If the reforms are adopted, they could transform the legal landscape by incorporating domestic work into the calculation of marital assets, thus providing women with greater financial security after divorce.

“It is time to stop viewing this work as a natural duty of women,” ouahbi emphasized. “It must be legally recognized and economically valued.”

A Reform That Sparks Debate

As discussions about these reforms intensify, public debate in morocco remains polarized. Proposals aimed at providing better financial protection for divorced women, revising guardianship rules, and strengthening mothers' rights in child custody have elicited mixed reactions. Some view it as a necessary step towards gender equality, while others express opposition, often tinged with misogyny.

This initiative aligns with a global trend recognizing domestic work as a fundamental pillar of modern economies. Internationally, countries like spain and iceland have already introduced laws that legally and economically value the invisible work of women, serving as models for other nations.

For morocco, this reform could represent a decisive step towards a more just and equitable society. As ouahbi noted, “Recognizing women’s domestic work, long relegated to the shadows, is a sine qua non condition for building a future where gender equality is not just an ideal but a reality.”

With this initiative, morocco positions itself at the forefront of progressive reforms in the arab world, seeking to bridge gender gaps and provide women with essential legal and economic protection within the family framework.