Moroccan justice asserts its sovereignty in the face of French regulations

Moroccan justice asserts its sovereignty in the face of French regulations
Moroccan justice asserts its sovereignty in the face of French regulations
The court of first instance of Marrakech delivered a resounding verdict in favor of AS, a Moroccan student banned from accessing a French Mission school because of her hijab. This decision marks a significant legal victory in respecting individual rights and national sovereignty. The court ordered that the student must be allowed to enter the school with her hijab, under penalty of a fine of 500 dirhams for each day of delay in complying with this judgment. This decision is immediately enforceable, with costs payable by the defendant.

Two hearings, within a period of 14 days, were enough for the Court to deliver its verdict, in favor of the complainant. The facts date back to June 10, when the establishment in question refused access to the student because of her veil. Three days later, the mother initiated summary proceedings before the courts to request the annulment of the school’s decision.

The student’s lawyer, Khalid Akwis, detailed, in a statement to the press, the ordeal experienced by his client since the start of the school year, marked by an inflexible ban. After unsuccessful attempts to resolve the situation amicably, the student and his family chose to take the matter to court. “This judgment is a resounding victory for the Moroccan judicial system, reaffirming the primacy of the law and the Constitution of the Kingdom, even in the face of a foreign institution,” said Akwis. He also insisted on the inadmissibility of allowing foreign enclaves on Moroccan soil.

This verdict meets the expectations of human rights defenders and parents, highlighting the negative impact of the school’s decision on the student’s academic career. Akwis recalled that recourse to justice is a constitutional right, and that this decision strengthens the sovereignty of the law vis-à-vis foreign missions and other institutions. Reacting with immense joy, the student expressed his gratitude to his supporters. Akwis noted that several similar institutions in other Moroccan cities have already overcome this ban by arranging prayer rooms. The execution of the decision was to begin the next day.

Personal freedom and the right to education

The court ruled that wearing the hijab falls within the personal freedom of the student, without endangering public security, nor infringing good morals or the rights and freedoms of others. He ruled that the ban on access to school because of the hijab violated the principles of the right to education, guaranteed by international conventions and national laws. The student’s mother stressed, for her part, that the ban on the hijab only applied to Marrakech and not to other establishments of the French Mission in other cities in Morocco. She also mentioned a similar decision in favor of a student at the “Don Bosco” establishment in Kenitra, allowing the student to resume her studies with her hijab.

Defense arguments rejected

The lawyer for the establishment in question claimed that the complaint was invalid because it had not been filed against the French Agency for Education Abroad (AEFE). He added that the establishment is governed by a partnership agreement between France and Morocco, and that it is subject to French law. The court rejected this argument, emphasizing that the defendant had not provided the internal regulations invoked, and that upon examination of the partnership agreement signed in Rabat, it is clear that it does not contain any provision prohibiting the port clothing symbolizing religious beliefs. Even if this argument were valid, it could not be accepted because it would violate international conventions and national civil rights laws. The court recalled that French law itself requires respecting the legislation of the State where the establishment is located when drawing up its internal regulations. In this context, the court underlined that several international conventions on human rights, to which Morocco is a party, stipulate the commitment of the States parties to guarantee the exercise of the rights set out in these conventions without discrimination based on race. , color, sex, language, religion or other criteria. The court cited the International Convention on the Elimination of All Forms of Racial Discrimination, ratified on December 18, 1970, and articles 28 and 29 of the Convention on the Rights of the Child, adopted by the General Assembly of the Nations United on November 20, 1989, as well as the International Covenant on Civil and Political Rights, ratified on May 3, 1979.

An important legal precedent

This judgment could serve as an important legal precedent for future similar cases in Morocco. It highlights the importance of respecting the fundamental rights of students, regardless of the internal regulations of educational establishments, especially those managed by foreign entities. The AS student’s case is a striking example of the fight for individual rights in a context where national laws and international conventions must prevail.

This decision by the court of first instance of Marrakech is a victory not only for the student concerned but also for the Moroccan judicial system, which has reaffirmed its sovereignty and its commitment to protecting human rights. It sends a clear message to foreign institutions operating on Moroccan soil: they must respect the laws and values ​​of the host country.



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