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Rabat – Morocco is advancing its legal and institutional framework for child protection with the National Human Rights Council’s (CNDH) recent memorandum on draft Law No. 29.24, which proposes creating a National Agency for the Protection of Childhood.
Submitted to the President of the House of Representatives on January 8, the memorandum shows the council’s commitment to ensuring that all children, regardless of family circumstances, receive equal legal, social, and moral protection.
It points to the pressing need for a holistic and structured approach to child care, particularly within social welfare institutions and private care centers.
Constitutional mandates as a foundation
The memorandum builds on Morocco’s Constitution, particularly Article 32, which defines the family as the central environment for child growth and obliges the state to provide protection that is legal, social, and moral.
CNDH notes that the state must ensure that placement in care centers or social institutions does not inadvertently reinforce vulnerability. The principle of equality underpins all interventions, ensuring every child benefits from protection measures without discrimination.
CNDH also cites Morocco’s territorial organization and Article 154 of the Constitution, which guarantees equal access to public services and the continuity of service delivery across the country. This framework ensures that child protection policies are consistently applied, bridging gaps between urban and rural areas and preventing systemic neglect.
Aligning with international standards
Morocco’s commitments under the Convention on the Rights of the Child and other international instruments form a key reference in CNDH’s memorandum.
The council stressed that the best interest of the child must guide all legislative, administrative, and judicial measures.
This principle is a legal standard and an ethical benchmark, requiring authorities to assess the potential impact of decisions on children, provide clear reasoning for their actions, and enable children’s participation in matters affecting them.
CNDH underlines that formal recognition of the best interest principle is not sufficient on its own. Effective implementation requires integrating it into operational practices, ensuring that institutional placements do not perpetuate harm or neglect, and that children’s developmental needs are prioritized in every policy decision.
Addressing inequality and non-discrimination
CNDH denoted disparities in access to protection and care services, particularly in marginalized or rural areas. Despite legal entitlements, many children face structural and geographical barriers that prevent them from benefiting from necessary services.
The memorandum calls for proactive measures to guarantee equality, emphasizing that protection policies must cover all children without distinction of gender, disability, socioeconomic status, or location.
The council also stressed the need to combat direct and indirect discrimination. Even administrative neutrality can produce inequitable outcomes if it fails to address systemic gaps or the real-world effects of public policies on children’s access to protection and care.
Holistic approach to child development
CNDH underlined that child protection is inseparable from broader developmental needs. Protecting the right to life and ensuring survival extends beyond physical safety to include mental, social, and psychological well-being.
Fragmented interventions by separate sectors, education, health, justice, social welfare, risk weakening preventive and protective effects. Morocco’s child protection system must adopt integrated policies that coordinate services across sectors, creating a safe and nurturing environment that fosters healthy growth.
Roadmap for effective implementation
By issuing this memorandum, CNDH aims to align the draft law with constitutional provisions and international obligations. Its recommendations seek to enhance the National Agency for the Protection of Childhood’s ability to translate legal mandates into practical change.
CNDH calls for systematic evaluation of policy impacts, clear administrative reasoning, and measures to facilitate children’s participation in decision-making.
The ultimate goal is a child protection framework that safeguards children from violence, neglect, and inappropriate care while ensuring their dignity, well-being, and integration into society.
CNDH’s memorandum positions Morocco to meet international standards for child protection and create a system that is equitable, accountable, and centered on the best interest of every child.
