Concluding Observations, E/C.12/MAR/CO/4, 8 October 2015: Morocco
C. Principal subjects of concern and recommendations
13. The Committee remains concerned about:
(a) The lack of comprehensive anti-discrimination legislation prohibiting all forms of discrimination affecting enjoyment of the rights enshrined in the Covenant;
14. The Committee recommends that the State party:
(a) Adopt and apply a comprehensive anti-discrimination law, which should contain a general prohibition of all forms of direct and indirect discrimination, and authorize the use of temporary special measures to benefit disadvantaged and marginalized groups.
(b) Take the necessary measures to remedy the regional disparities that prevent the enjoyment of economic, social and cultural rights on an equal basis by all the population;
(d) Ensure that women, persons with disabilities, asylum seekers, refugees, migrants, Sahraouis, children born out of wedlock and homosexuals can enjoy the rights recognized in the Covenant, particularly access to employment, social services, health care and education.
Discrimination on grounds of sexual orientation
15. The Committee is concerned that the State party criminalizes consensual sexual relations between same-sex adults (art. 489 of the Criminal Code). The Committee expresses its concern about discrimination on grounds of sexual orientation and gender identity and about the stigmatization and violence to which these persons are subjected.
16. The Committee recommends that the State party immediately repeal legislation criminalizing sexual relations between same-sex adults, combat all discrimination against or stigmatization of lesbian, gay, bisexual or transgender persons on grounds of their sexual orientation and punish the perpetrators of hate violence against these persons. Lastly, the Committee recommends that the State party ensure that these persons can exercise all the rights enshrined in the Covenant.
Link to full text of the report: Concluding Observations-CESCR-Morocco-2015-eng