إشكالية تسليم شهادة المغادرة المدرسية للأم، بين تطبيق الاتفاقيات الدولية لحقوق الطفل والقانون الداخلي بالمغرب

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Abstract (English)

In this article, we will discuss how the issue of conflict between international treaties and domestic rules is resolved by the Moroccan courts in the case of refusing to hand over the school leaving certificate to the mother, who is in conflict with her husband and wants to take her son with her to her residence.

The Ministry of National Education emphasizes in its memorandums and external departments that only the father, as the child's legal guardian, should receive the school leaving certificate, relying on domestic legislation, especially the contents of the Family Code.

In this context, managers refuse to hand over the departure certificate to the mother, which leads to the deprivation of the child's right to education, and then the judiciary comes to have its say in the case, relying on the principle of the primacy of international treaties over domestic law, to enable the mother to receive the departure certificate for the son in all cases, in order to preserve the best interest of the child.

Keywords: Domestic law, legal guardianship, departure certificate, supremacy of international conventions, best interest of the child, protection of children's rights, children's right to education.