h) Child abuse, neglect and exploitation (articles 16 and 27)
h1. Administrative, legislative and judicial measures
Article 12 of the Constitution stipulates that: “No one shall be subjected to torture,
slavery or cruel, inhuman or degrading treatment”.
The Penal Code severely punishes all offences committed against minors.
And Ordinance 99-11 of 14 May 1999 prescribes placement measures when the minor is
in danger.
Corporal punishment is forbidden in schools.
h2. Limitations
The customary practice of corporal punishment still persists. Parents feel that this is the
proper method of educating a child. Any denunciation is perceived as meddling in the
private affairs of the family.
h3. Achievements
The Penal Code protects the moral and physical integrity of the child. Thus, sections 278
and 280 punish sexual harassment with or without violence while sections 255 to 258
punish the enticement of minors committed with or without violence.
The law on the policing of licenced beverage rooms mentioned in section 302 of the Penal
Code punishers beverage room operators who give drink to or receive minors in their
establishment.
Violations of physical integrity, for their part, are governed by sections 226 and 227 of the
Penal Code.
It is also worth noting that following the reform of instruments in 2003, female genital
mutilations are considered as offences stipulated and punished by the law. The same law
defines slavery as a violation of physical and moral integrity stipulated and punished by the
law. (Law No. 2003-026 of 13 June 2003 published in Official Gazette No. 4 of 7 April
2004).
The awareness campaigns conducted by NGOs and associations on the different child
rights instruments bore fruit. A number of parents were denounced who torture or maltreat
their children, under the guise of giving them good education. Sometimes, it is the victims
themselves who report their predicament to the judge. Social services help by indicating to
the judge cases of which they become apprised during their activities.
Sexual abuses are also sanctioned by the Penal Code. Thus, rape of minors is a felony
(sections 284 and 285). Inciting minors to debauchery is severely punished, although the
act is considered as a misdemeanour (sections 292 and 293).
The CRC in its article 19 combats this practice.
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