Professional Ethics, Statutory Duties, and Professional Secrecy
Mandatory ethical principles, prior written guardian authorization for minors and individuals with intellectual disabilities (Art. 11), professional secrecy (Penal Code Art. 446), and mandatory reporting of abuse.
Part III of Law No. 45.18 (Articles 10 et seq.) binds all social workers, whether salaried or independent, to strict statutory ethical and legal obligations of public policy.
1Core Ethical Principles and Mandatory Guardian Consent (Articles 10 and 11 of Law No. 45.18)
- Paramountcy of the Beneficiary's Best Interests (المصلحة الفضلى للمستفيد): Article 10 of Law No. 45.18 expressly establishes that the interest of beneficiaries of social services constitutes a paramount interest in all interventions.
- Respect for Human Dignity and Non-Discrimination: Practitioners must safeguard the physical, psychological, and moral integrity of every person they assist, without distinction based on social or geographic origin, gender, disability, health status, family circumstances, or beliefs.
- Respect for Privacy and Personal Data Protection: Practitioners must collect only data strictly necessary for social assessment and support, in compliance with Law No. 09.08.
- Mandatory Prior Written Authorization from the Legal Guardian (Article 11): Whenever a social intervention involves a minor under 18 years of age (قاصر) or a person with an intellectual disability (في وضعية إعاقة ذهنية), Article 11 of Law No. 45.18 requires the social worker to obtain prior written authorization from the beneficiary's legal guardian (إذن كتابي مسبق من ولي أمر المستفيد) before initiating support, except in urgent judicial protection measures ordered by the Public Prosecutor or Juvenile Judge.
- Integrity, Neutrality, and Prohibition of Undue Influence: Social workers are strictly prohibited from exploiting a beneficiary's vulnerability, distress, or dependence to obtain any personal, material, or financial benefit, or to engage in political or ideological proselytism.
2Professional Secrecy (السر المهني) and Mandatory Reporting of Abuse (Law No. 45.18 and Article 446 of the Penal Code)
Law No. 45.18 binds all social workers to professional secrecy under the conditions and criminal penalties set forth in Article 446 of the Moroccan Penal Code.
- Scope of Professional Secrecy: The duty of confidentiality covers all statements received in confidence, case files reviewed, family circumstances observed during home or institutional visits, and any facts seen, heard, or understood in the course of practice. This obligation remains binding even after the intervention ends or the practitioner ceases professional activity.
- Statutory Exceptions and Mandatory Reporting Duty: Pursuant to Article 446 of the Penal Code, Law No. 103.13, and Articles 430 and 431 of the Penal Code (failure to assist a person in danger), a social worker is released from professional secrecy and has an immediate duty to notify the King's Prosecutor or competent authorities when observing:
- Felonies, physical abuse, deprivation of food or care, bodily violence, or sexual assault committed against a minor under 18 years of age;
- Violence, mistreatment, or abuse committed against a vulnerable person unable to protect themselves due to advanced age, illness, pregnancy, or physical or mental impairment, or against a woman facing imminent danger.
3Duties Toward Beneficiaries, Fee Transparency, and Continuing Education
- Prior Information and Informed Consent: The social worker must clearly inform the beneficiary (or their legal guardian under Article 11) of the nature, objectives, and stages of the proposed intervention.
- Specific Obligations for Independent Practitioners:
- Inform the client in advance of the fee schedule for consultations, sessions, or assessments (by displaying rates clearly in the office and providing a prior written quote for social investigations or engineering assignments);
- Comply with health, safety, and confidentiality standards in professional premises;
- Maintain case records and issue tax-compliant payment receipts.
- Right and Duty of Continuing Education: Every social worker is required to update their technical, methodological, and legal skills throughout their career in connection with programs organized by the Ministry and professional associations.
- Compliance with the Code of Conduct and Ethics (مدونة السلوك وأخلاقيات المهنة): Every accredited practitioner must abide by the Code of Conduct and Ethics prepared by the National Federation of Social Workers and approved by regulation.