Submitted by basma on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
As a monist country, the CRC was automatically incorporated into the national law of Morocco following its ratification and publication, and takes precedence over conflicting domestic law. Children can only bring civil cases with the assistance of their legal tutor, who is defined by law as their father. Children of any age, however, can lodge criminal complaints, and victims of crime can institute criminal proceedings. Judicial review of laws and administrative acts is available, though review of whether a legal provision violates a constitutional right is only possible if raised by a party during court proceedings. Alternatively, children may complain to the National Human Rights Council or Ombudsman about violations of their rights. Despite these mechanisms enabling access to justice, Morocco faces obstacles in practice. Although legal aid is guaranteed in a wide range of settings, in practice it is only available to criminal defendants. Furthermore, several NGOs have raised the lack of judicial independence as an area of concern.
