Abstract
This article examines the evolution of penal thought from a logic of punishment and retribution to one centered on rehabilitation and social reintegration, emphasizing the need to strike a balance between the State’s right to punish and prisoners’ rights. It briefly reviews the main prison systems (collective, individual/Pennsylvanian, Auburn, and progressive), highlighting the progressive system as the most conducive to rehabilitation objectives. The article then focuses on prisoners’ rights under Moroccan Law No. 23.98 and the United Nations Standard Minimum Rules for the Treatment of Prisoners, including human dignity and the prohibition of torture, non-discrimination, prison records, classification of inmates, conditions of detention and health, the right to complaints, correspondence and visits, healthcare, education, work, and disciplinary safeguards. It concludes that while Moroccan legislation has made significant progress, further reforms are needed, particularly regarding scientific inmate classification, disciplinary measures (including solitary confinement), the treatment of prisoners with mental disorders, and the strengthening of post-release care and social reintegration.
Recommended Citation
Aqrorou, Samira
(2023)
"A Reading of the Rights of the Moroccan Prisoner in Light of National Law and the Standard Minimum Rules for the Treatment of Prisoners,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 28:
Iss.
1, Article 23.
Available at:
https://scholarhub.univh2c.ma/remadeg/vol28/iss1/23