CONSTITUTIONAL PROTECTION OF SOCIAL RIGHTS: AN ANALYSIS OF THE MOROCCAN LEGAL FRAMEWORK AND SELECTED EUROPEAN SYSTEMS
CONSTITUTIONAL PROTECTION OF SOCIAL RIGHTS: AN ANALYSIS OF THE MOROCCAN LEGAL FRAMEWORK AND SELECTED EUROPEAN SYSTEMS

Summary/Abstract: During the second half of the twentieth century, social rights gradually gained increasing importance, until they were enshrined as fundamental rights in most national constitutions. International and comparative law contributed to this process, leading to the constitutionalization of these rights even in emerging democracies and developing countries, including Morocco. This study aims, through a comparative approach, to explore how the Moroccan model of social rights protection can be influenced and inspired by selected European experiences. The research methodology adopted is a comparative analytical approach, combining the analysis of constitutional and legislative texts, and monitoring relevant jurisprudence in order to identify best practices in this area. The results highlight the diversity of existing protection mechanisms, with varying levels of legal recognition. The study also reveals a persistent gap between the official recognition of these rights and the possibility of enforcing them before the judiciary, especially in constitutional cases in the Moroccan context. Bridging this gap requires greater precision in the constitutional formulation of these rights, as well as the effective implementation of the remedies provided for this purpose.

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