مبدأ المساواة بين الرجل والمرأة وفق قانون الجنسيّة المغربي رقم 62.06: دراسة مقارنة

Abstract

Gender equality between men and women is considered one of the fundamental principles recognized in domestic legislation, international agreements, and conventions. These legal frameworks include specific provisions advocating for complete equality and the elimination of all forms of discrimination against women regarding the acquisition, change, or retention of nationality and their ability to grant it to their children. Islamic law , being at the forefront, was ahas pioneered in the granting dedication of equality in rights and duties. However, certain nationality laws still contain discriminatory provisions against women. This research , addresses this ining two main points: first, the principle of gender equality in nationality considering women as mothers, and second, the principle of gender equality in nationality considering women as wives. Moroccan legislators, through Law 62.06, have set limits to prevent discrimination between Moroccan men and women in granting original Moroccan nationality to their children. This legal equality extends to individuals born to either a Moroccan father or a Moroccan mother, contributing positively to the advancement of women's rights in various fields. Nevertheless, a comprehensive review of nationality law is necessary to ensure alignment with the complete gender equality principle. The Moroccan legislature should demonstrate full commitment to gender equality in aspects such as acquisition, loss, recovery of nationality, and granting it to children or foreign spouses. It is crucial for the Moroccan legal system to intervene, providing all necessary legal measures to guarantee full equality and mitigate the risks of statelessness. This involves removing all restrictions hindering complete equality in granting nationality to children and allowing Moroccan women to transfer their nationality to their children and foreign spouses. This necessitates Morocco's adoption of the 1957 Convention on the Nationality of Married Women.