Protection of Minors in Morocco 2026: Rights, Reporting Violence and Legal Procedures

In principle, the protection of minors in Morocco applies to every person under the age of 18. Article 209 of the Family Code sets the age of legal majority at 18 full Gregorian years. Before that age, minors have personal, family and property rights, but do not have full capacity to exercise them. They generally act through their legal representative. This civil incapacity never diminishes their right to physical integrity, dignity, healthcare, education and effective judicial protection.

The national legal foundation is found, in particular, in Article 32 of the 2011 Constitution. This provision requires the State to ensure equal legal protection and equal social and moral consideration for all children, regardless of their family circumstances. Article 54 of the Family Code also lists the rights owed by parents to their children: protection of life and health, establishment of identity, filiation, custody, maintenance, education and prevention of violence likely to harm them.

Morocco is bound by the Convention on the Rights of the Child, ratified in 1993. Article 3 makes the best interests of the child a primary consideration, while Article 12 recognises the right of a child capable of forming their own views to be heard. These principles must guide the Public Prosecution Office, judges, police officers, doctors and social services. In practical terms, an adolescent’s views do not alone determine the measure to be taken, but they cannot be disregarded solely because the adolescent is a minor.

Caution is required regarding announcements about reform of the Family Code. Reform proposals have been presented and debated since 2024-2025, particularly concerning child marriage, custody and legal representation. However, a political proposal or draft law does not change the applicable law. In 2026, any new rule must be checked in its promulgated version published in the Official Gazette. Until such publication occurs, the provisions of the Moudawana currently in force remain enforceable.

Several special legal frameworks supplement this protection. Law No. 15-01 governs the kafala of abandoned children. The Code of Criminal Procedure contains measures concerning child victims and children in difficult situations. The Criminal Code punishes violence, sexual offences, abduction and exploitation. Lastly, Law No. 27-14 on trafficking in human beings and Law No. 103-13 on combating violence against women may apply when the victim is a minor girl.

Anyone may report a child in danger, even if they are neither the child’s parent nor legal representative. In an emergency, call the police on 19 in an urban area or the Royal Gendarmerie on 177 within its territorial jurisdiction. It is also possible to go to the nearest police station, Gendarmerie brigade or Public Prosecution Office at a Court of First Instance. The King’s Prosecutor may be alerted orally or through a dated and signed written report accompanied by the available evidence.

The report must remain factual. It should state the child’s identity, if known, their address or school, the nature of the danger, the approximate date of the incident and the alleged offender’s identity, if known. It is preferable to distinguish between what was personally observed and what the child reported. A person acting in good faith is not required to conduct their own investigation, confront the alleged offender or obtain a confession. Such actions may expose the child to danger and cause evidence to disappear.

In the event of recent sexual violence, safety and a medical examination are the priorities. The child must be taken to the emergency department of a public hospital or to a forensic medical service as directed by the authorities. If possible, clothing should not be washed, and messages, photographs or conversation histories should not be deleted. However, the absence of physical evidence does not mean that no offence occurred. Many instances of abuse are disclosed late or leave no objectively identifiable injury.

An anonymous report may draw the authorities’ attention, but it is more difficult to verify and follow up. When the reporting person’s safety is at risk, this should be explained to the Public Prosecution Office or the police. They may ask that their contact details not be disclosed unnecessarily to the person implicated, although absolute anonymity cannot be guaranteed if their testimony becomes necessary. National social support arrangements may change; specialised numbers, particularly “Allo 2511,” should be verified with the authorities or the National Observatory for Children’s Rights.

Article 446 of the Criminal Code protects professional secrecy but provides for exceptions that allow doctors and healthcare professionals, in particular, to report abuse or deprivation inflicted on a minor. This does not, however, create a general and identical reporting obligation for all teachers or healthcare workers. Article 431 instead punishes intentionally failing to assist a person in danger when intervention is possible without serious risk. Each professional must also comply with the applicable ethical rules and internal procedures.

The procedure begins with a report, a complaint, or the direct discovery of the facts by the judicial police. Filing is free of charge. A receipt or police report reference should be requested or, for a letter to the public prosecutor’s office, a copy bearing the registry office stamp should be retained. The investigation may include interviews with the child, relatives, and witnesses, examination of a telephone, a search, a medical certificate, or an expert assessment. Placing a suspect in police custody is never automatic: it depends on the statutory conditions and the needs of the investigation.

The child should describe the facts in their own words, without a rehearsed account. A protective adult may record the child’s first spontaneous words, their date, and their context, without asking multiple leading questions. A request may be made for the interview to take place in a suitable setting, with a psychosocial professional where local arrangements allow. Not all courts have the same facilities or staff. The presence of a psychologist and audiovisual recording should therefore not be presented as automatic in every case.

If the facts are classified as an offence, the case is generally tried by the First Instance Court. Where they constitute a felony, particularly aggravated rape, the criminal chamber of the Court of Appeal has jurisdiction. A judicial investigation is not systematic for every felony: whether it is mandatory or optional depends on Article 83 of the Code of Criminal Procedure, the potential sentence, and the circumstances of the case. The Public Prosecutor’s Office at the Court of Appeal may refer the matter to the investigating judge when a judicial investigation is legally mandatory or necessary to establish the truth.

The child’s representative may bring a civil action before the criminal court in accordance with Articles 7 to 10 of the Code of Criminal Procedure. The representative may then seek compensation for harm directly caused by the offence. If the parent who would normally have authority protects the perpetrator or is being prosecuted, the child’s representation must be regularized. A separate civil action remains possible, but it may be stayed pending the criminal decision where both proceedings concern the same facts.

Useful documents include the child’s birth certificate, the representative’s identity cards, the medical certificate, prescriptions and medical bills, psychological reports, school reports showing a disruption, messages and their original files, and witnesses’ contact details. Custody, guardianship, or kafala decisions should also be retained. An isolated screenshot is fragile evidence: it is preferable to preserve the telephone and, if necessary, allow a formal record or technical expert assessment to be conducted.

Compensation is based on Articles 77 and 78 of the Dahir establishing the Code of Obligations and Contracts, as well as the rules governing civil actions under the Code of Criminal Procedure. It may cover physical and psychological suffering, medical expenses, the loss of a school year, future care needs, and, depending on the evidence, non-pecuniary damage. There is no mandatory national scale for sexual violence against minors. Two apparently similar cases may therefore result in very different amounts.

The ranges of 30,000 to 150,000 dirhams sometimes cited for serious sexual abuse come from observations of decisions and professional practices, not from an official published tariff. They constitute neither a minimum nor a reliable forecast. The amount depends in particular on the seriousness of the facts, the child’s age, medically established lasting harm, the duration of treatment, and the supporting documents produced. A quantified claim without a psychological report, invoices, or an explanation of the impact on schooling risks being substantially reduced.

Filing a complaint is free of charge. The cost of an expert assessment ordered during the investigation is normally advanced in accordance with the rules governing court costs. In practice in 2026, a private or supplementary expert assessment may cost approximately 500 to 2,500 dirhams, depending on the specialty and city. Lawyers’ fees are freely determined: quotes observed for criminal proceedings at first instance often range from 3,000 to 15,000 dirhams, and may be higher where there is a judicial investigation, expert assessments, or an appeal. These amounts reflect law firm practices, not a national statutory scale.

A complaint with a civil-party application filed before the investigating judge may require a security deposit set by order, unless legal aid or an applicable exemption has been granted. Its amount is not uniformly fixed at 200 or 500 dirhams and may be higher depending on the case and court. This security deposit must be distinguished from simply filing a complaint with the public prosecutor’s office, which remains free of charge. Before paying, the representative must obtain an official receipt and verify the basis for the amount requested.

Time frames vary considerably. A straightforward investigation may take a few weeks, while a complex felony investigation may exceed one year. Time frames generally observed in practice range from three to nine months for some correctional cases and from six to twenty-four months, sometimes longer, where there is a judicial investigation, multiple suspects, or expert assessments. Under Article 5 of the Code of Criminal Procedure, the limitation period is fifteen years for felonies and four years for offences; where the victim is a minor, the period does not begin to run until the victim reaches the age of majority, subject to interrupting acts and the legal classification adopted.