Detention practices and non-custodial alternatives for children in Morocco

Morocco faces complex challenges in child justice, especially regarding detention and alternatives for children in conflict with the law and migrant children. The country is a key transit and destination for migrants in North Africa, with increasing numbers of unaccompanied and separated children.

Key findings from the report on detention practices include: children under 14 cannot be held criminally responsible; detention is only allowed for those aged 14+ and only as a last resort; the law prioritizes alternatives such as family supervision, placement in child protection centers (CPCs), and NGO care; the overcrowding and mixed placement of vulnerable groups in CPCs remains a concern, with some centers operating as de facto detention facilities. The report also describes findings related to non-Custodial Alternatives as: Morocco has increased the use of non-custodial measures: family reintegration, supervised freedom, and community-based care; UNICEF’s Himaya and Hijra wa Himaya Plus projects promote alternatives, support foster care initiatives, and pilot alternative care centers for migrant children; Standard Operating Procedures and territorial protocols have improved coordination and individualized care for children on the move.

Key Recommendations:

1. Institutionalize Non-Custodial Measures

• Ensure consistent application of non-custodial alternatives to detention, such as family reintegration, supervised freedom, and community-based care.
• Establish a robust foster care system, including emergency and short-term foster care for children in need, especially children on the move.
• Strengthen services for children turning 18, such as independent living arrangements.
• Provide ongoing training for justice professionals to reinforce non-custodial approaches.

2. Strengthen Prevention Programs

• Develop early intervention strategies, community-based support, family-strengthening initiatives, and targeted outreach to prevent children from entering the justice system.

3. Improve Child Protection Centers (CPCs)

• Establish clear placement criteria based on age, legal status, and vulnerability.
• Address overcrowding by expanding alternative care options.
• Strengthen oversight to prevent CPCs from operating as de facto detention facilities.
• Increase resources for CPCs, including staff training, psychosocial support, and infrastructure improvements.

4. End Internal Displacement of Migrant Children

• Advocate for the abolition of relocating migrant children between cities.
• Align national policies with international child protection standards.
• Strengthen and adapt existing services to meet the specific needs of migrant children within the national framework.

5. Enhance Child Protection Services

• Strengthen the role and capacity of Child Protection Support Centers (CAPEs) as one-stop shops for vulnerable children.
• Improve inter-agency collaboration, including with other UN agencies, for seamless referrals and holistic support.