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Summary: General overview of Morocco's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law The preamble to the Constitution of Morocco affirms the determination of the State to abide by universally recognised human rights. The Supreme Council has ruled[1] that where national law conflicts with an international convention, including the Convention on the Rights of the Child, the latter will prevail. In principle, therefore, the Convention should be directly applicable in national courts in place of conflicting domestic legislation. It is not clear whether the Convention has been used in national courts and, if so, to what effect. Constitution: Chapter 1 of the Constitution of Morocco contains a number of rights provisions that apply regardless of age and a small number of provisions that specifically address the rights of children can be found throughout the Constitution: Art. 13: provides that all citizens have equal rights in seeking education and employment. Art. 21: provides that a king will be considered a minor until he turns 16. Legislation: there is no comprehensive or consolidated Children's Code in Moroccan law, rather legislation relevant to children can be found in a number of Codes, Laws and Decrees. Legislation of particular relevance to children includes, but is by no means limited to: The Criminal Code The Criminal Procedure Code The Personal Status Code The Labour Code The Nationality Code The Press Code Law No. 35 of 1999 on the Regulation and Operation of Prison Institutions Law No. 15-01 on the support (kafala) of abandoned children Law No. 07-92 on the social protection of disabled persons Decree No. 2-10-183 of 16 November 2010 establishing the list of work in which it is forbidden to employ certain categories of people Decree No. 2-04-682 of 29 December 2004 on the limits on the employment of minors, women and disabled persons Legal Research The Parliament of Morocco provides access to the Constitution, Legislation and Bills in French and Arabic (http://www.parlement.ma/fe/) and more limited resources in English and Spanish. The Constitution is available in English through the Al-Bab website (http://www.al-bab.com/maroc/gov/con96.htm). A selection of legislation is available in French through the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=MAR) and the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwemar.htm). In addition, the GlobaLex project at New York University has provided a guide to the Moroccan legal system (http://www.nyulawglobal.org/Globalex/Morocco.htm) and the World Legal Information Institute (http://www.worldlii.org/links/2697.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/morocco.php) both provide access to a selection of legal and governmental resources. Case Law CRC Jurisprudence Please contact CRIN if you are aware of any cases before national courts that reference the Convention on the Rights of the Child. Case Law Research The website of the Constitutional Council (Conseil Constitutionnel) provides access to its decisions in French and Arabic (http://www.conseil-constitutionnel.ma/sommaire.php). The Supreme Court (Cour de Cassation) maintains a website in Arabic (http://www.courdecassation.ma/ar/index.aspx#) with a section dedicated to its decisions, but at the time of writing this section was under construction as were parallel sites in French, Spanish and English. Compliance with the CRC Morocco has not reported to the Committee on the Rights of the Child since 2003. At the time of this report, the Committee welcomed the establishment of the Ministerial Committee within the Ministry of Human Rights, which had been tasked with the harmonisation of domestic law with international human rights instruments. However, the Committee expressed concern that many discrepancies remained between domestic legislation and the Convention, and urged the State to ensure that all legislation is brought into harmony with the Convention and that the Convention's provisions and principles are widely applied in legal and administrative proceedings. In depth analysis The Committee also highlighted a number of more specific areas of law that needed to be amended to bring them into conformity with the Convention. With regards to child labour, the Committee noted efforts to combat such practices, but expressed concern that economic exploitation remained widespread, particularly in agricultural and handicraft sectors. The Committee expressed deep concern about the situation of children working as domestic servants and urged the State to amend it's laws to bring them into conformity with ILO Conventions Nos. 138 and 182. Specifically, the Committee urged the State to enact the new Labour Code. Several of the Committee's recommendations also related to violence against children. The Committee expressed concern that domestic legislation distinguished between children under the age of 12 and older children and that corporal punishment of children in schools remained common. The Committee also expressed concern at the levels of sexual exploitation in the State and that legislation did not provide adequate protection for all children under the age of 18. The corresponding recommendations urged the State to legislate to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and institutions. The Committee also urged the State to amend the existing age limits with regards to special protection against violence. The Committee's Observations also addressed the issue of discrimination against children in the State. Specifically, the Committee highlighted the different minimum ages of marriage for girls (15 years) and boys (18 years) and expressed concern at discrimination against girls and children born out of wedlock particularly with regards to issues of personal status, including inheritance, custody and guardianship. The Committee urged the State to address discrimination in its laws, including by amending relevant civil and criminal legislation. Current legal reform projects Please contact CRIN if you are aware of any current law reform projects. [1] Decision No. 49 of 1 October 1976; Decision No. 5 of 3 November 1972; Decision No. 162 of 3 August 1979.