Relevant laws in Morocco

In its Judgement No. 1413 of 23 May 2007, the Casablanca Appeal Court cited the  above-mentioned Supreme Court judgement in support of its ruling, noting “that the international convention constitutes a special norm that has primacy over domestic law - specifically, in the instant case, the Personal Status Code and the Family Code, which have the status of a general norm - in accordance with the principle of the primacy of such conventions, which was reaffirmed by the Supreme Court in its Judgement No. 754 of 19 May 1999”.

Morocco has acceded to the seven major United Nations conventions on human rights, namely:

1-    International Covenants on Civil and Political Rights;  (restrictive abortion violated article 17 (1) no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspence…) signed into law by Morocco in  Dahir n° 1-79-186 du 17 hija 1399 (8 novembre 1979) portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques, signés le 3 ramadan 1386 (16 décembre 1966) à New-York,

2-    International Covenants on Economic, Social and Cultural Rights (1979) (restricted abortion violates article 12 (1) the right of everyone  to enjoyment of the highest attainable standard of physical and mental health) Dahir n° 1-79-186 du 17 hija 1399 (8 novembre 1979) portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques, signés le 3 ramadan 1386 (16 décembre 1966) à New-York,

3-    The International Convention on the Elimination of All Forms of Racial Discrimination (1970)  ,

4-    the Convention on the Elimination of All Forms of Discrimination Against Women (1993) (restricted abortion violated article 2 (f) states parties undertake all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practizes which constitute discrimination against women and article 12 (1) and 14(2) and article 16 (1) the rights to decide freely and responsibly on the number and spacing of their children and have access to the information, education, and means to enable them to exercise these rights ),

5-    the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1993),

6-    the Convention on the Rights of the Child (1993), and the

7-    Convention on the Protection of Migrant Workers and Members of their Families (1993).

On 24 October 2011, the UN Special Rapporteur on the right to health, Mr Anand Grover, presented his annual report to the Third Committee of the General Assembly. The report focuses on the interaction between criminal laws and other legal restrictions relating to sexual and reproductive health and the right to health. It highlights that the right to sexual and reproductive health is an essential component of the right to health, and that States must ensure this aspect is implemented  for the right to health to be fully realised. The Special Rapporteur outlines fourteen recommendations for a right to health approach, including encouraging States to: decriminalise abortion; decriminalise the use and supply of all forms of contraception and remove barriers for spousal and/or parent consent; and ensure access to evidenced-based information and education on sexual and reproductive health.[6]

United nations convention on the laws of the sea

(http://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm)

SECTION 3. INNOCENT PASSAGE IN THE TERRITORIAL SEA

SUBSECTION A. RULES APPLICABLE TO ALL SHIPS

Article17

Right of innocent passage

Subject to this Convention, ships of all States, whether coastal or land-locked, enjoy the right of innocent passage through the territorial sea.

Article18

Meaning of passage

1. Passage means navigation through the territorial sea for the purpose of:

(a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or

(b) proceeding to or from internal waters or a call at such roadstead or port facility.

2. Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

Article19

Meaning of innocent passage

1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.

2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:

(a) any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;

(b) any exercise or practice with weapons of any kind;

(c) any act aimed at collecting information to the prejudice of the defence or security of the coastal State;

(d) any act of propaganda aimed at affecting the defence or security of the coastal State;

(e) the launching, landing or taking on board of any aircraft;

(f) the launching, landing or taking on board of any military device;

(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;

(h) any act of wilful and serious pollution contrary to this Convention;

(i) any fishing activities;

(j) the carrying out of research or survey activities;

(k) any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;

(l) any other activity not having a direct bearing on passage.