Morocco: access to justice for economic, social and cultural rights

The new ICJ study on access to justice for economic, social and cultural rights in Morocco was presented during a 4-day mission in this country. 

The study welcomes the provisions of the 2011 Constitution that should contribute to better guarantee and protect economic, social and cultural rights (ESCR).

It also welcomes a number of recent social policies initiated to improve access to important social services and goods, especially to the benefit of disadvantaged and marginalized sectors of the Moroccan society.

But the report also identifies and describes significant gaps and issues in the normative, institutional and remedial frameworks that deprive many Moroccans from accessing justice in cases of violations of ESCR, and from enjoying their right to an effective remedy when facing such violations.

The ICJ is especially concerned at the prevalence of legal provisions that discriminate against women in areas that are fundamental to ESCR, such as inheritance, or family law.

The inaccessibility of judicial remedies for victims of violations of ESCR for procedural reasons, and the weakness of sanctions in certain cases of abuses of ESCR (for ex. in labour matters) is another area of concern.

In the coming months, the ICJ will continue to promote and discuss the findings of the study, which is the result of over a year of research and consultations on the advances and obstacles in the access to justice for alleged victims of ESCR in Morocco – a country that has initiated deep legal reforms.

Beside civil society actors, the new publication was handed over to several public authorities, including the Minister of Justice, the President of the Cour de Cassation, the Ombudsman, the President of the Human Rights Commission of the Parliament and the Secretary General of the Government.

Morocco-Access to Justice ESCR-publications-report-2013-ara (full text in Arabic, pdf)

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