Morocco Grapples with Juvenile Justice Reform: Calls for Education Over Punishment

While the Moroccan legal arsenal is in compliance with the measures of the Convention on the Rights of the Child, the implementation refers to a lack of structures and skills capable of ensuring the follow-up and support of minors in conflict with the law.

Article 32 of the 2011 Constitution stipulates that "the State shall ensure equal legal protection and equal social and moral consideration to all children, regardless of their family situation". The Family Code is clear when it states that "it is the responsibility of the State to take the necessary measures to ensure the protection of children, to guarantee and preserve their rights in accordance with the law".

In Morocco, 20,000 minors are in conflict with the law, and more than 2,000 are incarcerated in rehabilitation and education centers. The charges, according to the juvenile judge Aziza Bestani, are theft, violence against others and in the school environment, drug use, drug dealing, cybercrime and illegal immigration.

A precarious and vulnerable environment, a dysfunctional family, and a low school level are among the factors favoring the emergence of delinquency. According to the judge, a constructive and above all positive approach would reduce the aftereffects and activate the social reintegration of minors. This rehabilitation should take place in the family environment where the child is more confident, rather than in specialized centers.

Within the framework of the reform of justice, it is recommended to set up specialized chambers of juvenile justice, strengthen the role of social workers, and create new child protection centers. This reform, launched in 2014, should ensure appropriate support for the situation of children, generalize the experience throughout the national territory and finally avoid cohabitation with adult prisoners.