Country Profile of Morocco - International Bureau of Children's Rights

The Association de Lutte contre le SIDA—Fight against
AIDS Association (ALCS) based in Casablanca provides
a screening service for the general public and organises
many awareness raising campaigns for youth, among
them a popular annual festival.” 126 According to the ALCS
research, less than two-thirds of boys and only one-third
of the girls are aware condom use can prevent infection
of HIV/AIDS, and over 26% of reported symptomatic
AIDS cases set in between 15- and 29-year-olds. 127
ii. The Best Interests of the Child (Article 3)
In its Concluding Observations of 2003, the Committee
recommended that the State take into consideration the
concept of the “best interest of the child” when reviewing
legislation and administration. 128
The new Family Code reform of 2003 sought to take into
account the principle of the best interests of the child.
Indeed, 22 sections in this Code refer to the principle of
“interest of the child”. 129
However, the Committee specifically expressed concern
over the question of child custody, which is determined
by the age of the child and not by the interests of the
child. Although a positive achievement was made allowing
the child to decide guardianship at a certain age, 130 the new
Family Code provides, through sections 231 and 236, that
“the legal representation of minors be exercised by the father,
and is only exercised by the mother in the father’s absence
or following the loss of the ability of the latter”. 131
Not only do these clauses reflect gender discrimination,
they do not promote consideration of the best interest of
the child in assigning their legal representation.
33
iii. The Right to Life,
Survival and Development (Article 6)
The right to child development is mentioned numerous
times in national legislation. Articles 54 and 510 of the
Penal Code, for example, state that parents and custodial
parents must ensure the protection and the right to the
child to develop properly.
a.
Health
As discussed earlier, studies show that the health system
is highly unequal between urban and rural areas. In 2002,
the number of Primary Health Structures in Morocco had
increased to 2,400 132 from 2,138 in 1999 133 . Nevertheless,
more than 25% of the population remains more than 10
kilometres away from a health facility. 134 This is reflected
in the distribution of both public and private services. Indeed,
96% of private health facilities are located in urban
areas. 135
In 2005, crude birth rates were 20.4 births per 1,000 inhabitants
with a crude mortality rate of 5.5 deaths per
1,000 inhabitants. 136 The Total Fertility Rate is 2.4 children
per woman, with a lower fertility rate among urban women
(2.1) than for rural women (3.0). This has gradually
declined from the early 1980s when it was 5.9 children per
woman. 137 This decrease can be explained by a rise in the
age of marriage and an increased use of contraception.
The mortality rate for children under five remains relatively
high despite dropping from 76% in 1982 to 47%
in 2004. The risk of a child dying before the age of one
year has been reduced from 149 in every 1,000 births in
the 1960s to 48 deaths for every 1,000 births in 2004. Still,
nearly five in every 100 children die before reaching the
age of five. 138