The right to access justice is established in the international human rights system, prominently outlined in key instruments, particularly the Universal Declaration of Human Rights (UDHR). Specifically, Articles 8 and 7 of the Declaration explicitly affirm the right of everyone to an effective remedy by the tribunals and emphasize equality before the law without discrimination. The judiciary, therefore, stands as a pivotal human right and serves as the primary safeguard against the violation of other human rights.
On a national level, the 2011 Constitution, specifically in Chapter 118, establishes the right to access justice as a constitutional right. It asserts that the right to legal recourse is guaranteed to every individual to defend their rights and interests protected by the Law, creating a legal framework that assures equal standing for all citizens and thereby safeguarding their property and rights.
Recognizing the significance of this right, the National Human Rights Council (CNDH) has consistently advocated for the harmonization of national legislation on access to justice and fair trial with the provisions of the new Constitution and international human rights instruments through its reports. Additionally, the CNDH has called on the judiciary to apply international human rights standards ratified by Morocco, emphasizing the supremacy of these standards over national laws, in line with the Constitution.
In its commitment to promoting access to justice for all, the CNDH conducted a study on the access to justice by foreigners in Morocco. This study aims to examine and document the situation of foreigners in relation to their right to access justice, outlining proposals to enhance their access in accordance with relevant constitutional principles and international conventions.
Within the scope of its responsibilities concerning the monitoring of penitentiary institutions and the protection of detainees’ rights, the CNDH conducts visits and addresses complaints from prisoners and their families. Furthermore, its reports emphasize the urgent need for measures to alleviate overcrowding in prisons, advocating for the rationalization of pre-trial detention and a review of the pardon procedure to ensure the full enjoyment of rights by the prison population.
