فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The House of Representatives unanimously approved draft law No. 5.171.22, amending Article 19 of Law No. 15.01 concerning the sponsorship of neglected children, during a legislative session held today, Monday.
In his response to the draft law, the Delegate Minister to the Head of Government in charge of Relations with Parliament, the Official Spokesperson for the Government, Mustapha Baitas, explained that the proposal submitted by the Socialist Group – Federal Opposition aims to amend Article 19 of the law on the sponsorship of neglected children. This amendment will allow the child’s sponsor to submit their observations regarding the reports prepared by the competent authorities responsible for conducting the research and investigations stipulated in this article. He added that this amendment contributes to upholding the sponsor’s right to a fair trial and the rights of defense before the judge orders the revocation of the sponsorship.
The government official pointed out that this proposal had been previously studied and approved by the government during its meeting held on December 29, 2022, by adding a procedural requirement obligating the judge in charge of minors’ affairs to listen to the sponsor before issuing an order to revoke the sponsorship. He considered that this procedure guarantees the sponsor the conditions for a fair trial and the rights of defense guaranteed by Articles 23 and 120 of the Constitution.
However, Mr. Baitas qualified this by stating that, in consideration of the rights of the sponsored child to legal and judicial protection guaranteed by the Constitution and international conventions, a degree of flexibility should be introduced to this procedure in cases of necessity to mitigate its mandatory nature, particularly when the situation of the sponsored child requires urgent judicial intervention for their protection.
He clarified that “the added procedural requirement could prejudice the best interests of the sponsored child by prolonging this procedure, which does not achieve the required judicial efficiency, especially when the sponsor resides outside the country or cannot be summoned.”
Mr. Baitas concluded that “achieving a balance between the rights of the sponsor and the rights of the sponsored child requires mitigating its effects in cases of necessity, by enabling the judge to order the revocation of sponsorship without listening to the sponsor.”
For his part, El Fatimi Moulay El Mehdi, a member of the Socialist Group – Federal Opposition, during his presentation of the legislative text, affirmed that Law No. 15.01 concerning the sponsorship of neglected children represents an important legal initiative within the framework of efforts aimed at improving the situation of children and strengthening their legal protection, especially for the category of neglected children deprived of family warmth.
The parliamentarian pointed out that the draft law aims to provide solutions to a number of issues related to the situation of these children, ensuring their rights to proper upbringing and education in accordance with an approach that fulfills the human essence of sponsorship.
He noted that in light of societal changes and the problems that have emerged in the application of Law No. 15.01, the issue of depriving the sponsor of the child from presenting their arguments and observations regarding the reports stipulated in Article 19 of the aforementioned law has arisen, especially given the possibility of immediate enforcement despite appeal, even though the sponsor has the right to appeal the order itself.
He stressed that this matter necessitates enabling the sponsor to present their observations in order to form a conviction based on complete data before taking any decision concerning the situation of the sponsored child and its consequences.
