Since the adoption of the European Convention on Human Rights and, above all, since the implementation of the European Court of Human Rights, national criminal law has been constrained. The legal authorities of the Member States must respect a certain number of obligations provided for by the text and interpreted by the European jurisdiction. If this is not the case, the applicants can appeal at the Court of Strasbourg and demand compensation for the violation of their fundamental rights. This is how the European Court, through its many decisions, has enabled a certain harmonization within the Council of Europe, which is now made up of 47 States. France does not escape condemnation. Even if it has sometimes resisted the Court’s injunctions, the latter’s judgments have nonetheless obliged France to contain its incriminations and to limit the restrictions on the rights of persons placed in detention. Freedom of expression is quite a remarkable illustration of the necessary delimitation of incriminations. While the Court accepts that States retain a margin of appreciation, it exercises an attentive and rigorous eye when States reduce the exercise of this freedom. The balance is always difficult to determine, but it must be right. Concerning the rights of detainees, the Court seems more flexible regarding States and hesitates in its positions. However, even if there is a restriction of freedoms, the incarcerated individuals remain citizens. They must therefore be able to exercise a certain number of rights. This is linked to their status as subjects of law.

Enforced disappearance is one of the most horrific crimes of our time. This is a crime that causes excruciating suffering to its victims: the disappeared and their families and relatives. Thousands of people have suffered, and are still suffering, all over the world from enforced disappearances. To combat this scourge, a United Nations Convention was adopted in 2006 and entered into force in 2010. It adopted a definition of enforced disappearance that includes an important element: the direct or indirect involvement of the State Party in the commission of the enforced disappearance. Yet, private entities (commonly referred to as non-State actors) can also commit acts similar to enforced disappearances. However, in the absence of the element of the State Party’s involvement, can we go so far as to qualify the acts perpetrated by non-State actors as enforced disappearances? This question has generated and continues to generate an interesting debate.

The meeting between the imperatives of criminal procedure, as legal instruments of the State, and human rights generates a confrontation at one time or another. Procedural formalities tend to protect society from the scourge of crime, while human rights imply respect for the fundamental rights and freedoms of the individual. However, implementing procedural formalities inevitably prevents the exercise of certain human rights. This article addresses this clash within the context of legal developments in Morocco since the promulgation of the 2011 Constitution. It highlights the extensive transformations in Morocco since 2011, the main objective of which was strengthening human rights and consolidating the rule of law. The most remarkable transformation undoubtedly remains the independence of the judiciary and the complete emancipation of the Public Prosecutor’s Office from the Minister of Justice’s power.

Violence against women in all its forms is the most shameful violation of human rights. It is a violation that continues to increase over the years despite the existence of international and national laws. Morocco is one of the countries in the world that suffers from this discrimination against women. To deal with this phenomenon, national texts intervene to establish a legal framework that respects the principle of equality between women and men such as the Constitution of 2011, The Family Code (“Moudawana”) of 2004, and the adoption in 2016 of Law No. 27-14 on the fight against human trafficking, etc. In 2018, Law No. 103-13 related to the fight against violence towards women was promulgated. It is a law which constitutes a real legislative innovation in Morocco since it will reduce or even stop a certain number of abuses experienced by women. This is what leads us to ask ourselves, is Law No. 103-13 really going to allow us to abolish the segregation between men and women? And would this law allow us to fight against all kinds of violations against women?

The criminological dimension of crime generally does not arouse great enthusiasm from researchers in Arab countries, unlike Anglo-Saxon- or French-speaking countries. Admittedly, Western criminology is more advanced, but it is more interested in common crimes than in mass crimes such as crimes against humanity, genocide, human trafficking or terrorism. However, the rare existing studies reveal the emergence of a criminology of massive human rights violations and expose some particularities of this criminal phenomenon. These include the often transnational nature of the crimes, the geographical, socio-economic and political disparity of criminals, the high number of victims, and more. The relationship between criminal law, criminology and human rights should be examined to determine the complementarity of the law and the empirical criminal sciences in crime prevention.

This research sought to study how women cope with incarceration by exploring the pseudo-family phenomenon in female correctional centres, specifically in Kgoši Mampuru II and Johannesburg in the Gauteng Province of South Africa. The study employed a qualitative research approach to investigate the phenomenon. The research participants were selected through non-probability sampling, namely purposive, convenience and snowball methods. At the Kgoši Mampuru II centre, 21 offenders and seven officials were interviewed, while 15 offenders and six officials were interviewed at Johannesburg. In total, 36 offenders and 13 officials, including the two heads, were interviewed from both centres. The researchers chose theories on the sociology of corrections, specifically the deprivation and importation models, due to their suitability to explain the phenomenon under investigation. This study found that: (1) pseudo-families are structures or relationships that resemble families in general society; and (2) female offenders are motivated to join pseudo-families due to the need for protection, the need for belonging and comfort, and for smuggling contraband.

Traditionally, women have been perceived as the fairer sex with a moral compass and with less inclination towards gaining wealth and taking risks. Past research has posited that women consider crime due to need. Recently one piece of research has considered greed due to the development and empowerment of women, the opportunities and power accorded to them in line with governance frameworks, policies and regulations that cover crimes, penalties and punishments, and cultural and social norms. Social perspectives influence the moral values passed down within social and family units. A pilot survey of female participants exposed to investigation and law and from two age groups of 18–39 years and 40–61 years reflected a significant change in culture and values. The older group was critical of corrupt behaviour and that the choices were the “right thing to do”. The younger participants were selective in their choices, choosing to deny or be silent if there was insufficient evidence and protection or where there was the involvement of someone dear. This reflects the power of knowledge, empowerment and education. The author discusses case studies of women exposed to crime, including organized crime, via their family or social networks to assess abuse of power and trust.