Alternative Sentences for Children in Morocco: The Public Prosecutor’s Office Bets on Restorative Justice and Dismantling the Prison Culture
The Public Prosecutor’s Office in Skhirat has opened discussions at the national meeting on “Implementing Alternative Sentences in the Light of Child-Friendly Justice,” organized in collaboration with UNICEF, attended by representatives from government sectors, international organizations, and civil society actors concerned with children’s rights.
In his speech, the Chief Prosecutor at the Court of Cassation, Hicham Belhaj, emphasized that Morocco’s future is tied to the protection and rehabilitation of its children, considering them the true wealth of human capital. He recalled King Mohammed VI’s directives calling for the integration of children into public policies, referring to the royal message to participants at the National Children’s Rights Conference in 2013, which urged coordination among various stakeholders to improve childhood conditions.
Belhaj stated that Morocco’s ratification of international child rights conventions reflects its commitment to the well-being of this demographic, adding that the Public Prosecutor’s Office has prioritized the protection of children in conflict with the law since its establishment, through circulars directed at public prosecutors urging them to consider the best interests of children.
The Chief Prosecutor noted that the issuance of Law No. 43.22 regarding alternative sentences provides an opportunity for national discussions on its implementation, where the Public Prosecutor’s Office since December 2024 has encouraged preemptive efforts to study its provisions and identify ways to ensure its success. He confirmed that organizing this meeting aims to shed light on the legislature’s intentions behind this law and to explore the best ways to balance law enforcement and the protection of children’s interests.
Belhaj recalled what the Committee on the Rights of the Child stated in General Comment No. 10 of 2007 regarding the necessity to enhance non-custodial measures for children, alongside the United Nations rules for the administration of juvenile justice known as the “Beijing Rules,” which limit the recourse to detention to the narrowest circumstances and encourage replacing it with measures such as intensive care or integration into educational institutions.
He affirmed that the philosophy of juvenile justice views every child in contact with the law as a victim of personal and social circumstances, necessitating the protection of their best interests while keeping them within their families and natural environment. He stressed that detention in correctional facilities should remain a last resort, considering alternatives such as community service or supervisory measures.
Belhaj clarified that alternative sentences are not merely a solution to prison overcrowding; they represent a reformative and humane approach that provides children with the opportunity for rehabilitation and reintegration into their surroundings. He warned that prison could become an environment that normalizes criminal behavior due to interactions with offenders, making alternative sentences a civilizational and ethical choice reflecting society’s awareness of its responsibility to protect childhood.
He pointed out that the new law grants the judiciary the authority to replace custodial sentences with measures allowing the child to serve their sentence in a natural environment, subject to a strict monitoring system to ensure the effectiveness of these sentences under the supervision of the relevant judicial or administrative authorities.
Belhaj stated that the national meeting is an opportunity to assess the status of juvenile justice in Morocco and discuss solutions to protect children in their interactions with the law, while exchanging best practices among various stakeholders in line with international standards and national legislation. He concluded his speech by calling for the dismantling of the new legal provisions, clarifying their objectives and how to implement them according to principles of child-friendly justice, expressing confidence that the meeting’s recommendations will enhance the framework of restorative justice in Morocco in response to royal directives.
