Health Risks and Public Health: The Role of Legislation in Protecting Public Health in Morocco during the COVID-19 Pandemic

Abstract

This study falls within the legal approach to the role of health legislation in addressing emerging social and health risks. It examines a fundamental issue: to what extent do enacted laws and regulations contribute to managing health risks in a way that ensures public health and order while safeguarding individual freedoms and rights? The study focuses on the case of the COVID-19 pandemic in the Moroccan context. The research employs a descriptive, analytical, and critical methodology to examine the legislative mechanisms adopted by the Moroccan government and political actors in response to the health challenges posed by the pandemic. The study aims to determine the underlying rationale of the national legislative framework in health policy and to assess the Moroccan legislator’s approach to preserving public health amid health, social, psychological, economic, security, and human rights challenges, as well as the constraints of law enforcement. The study concludes by highlighting the importance of the laws and regulations swiftly enacted by the Moroccan government to manage and address the health risks resulting from the pandemic, despite the challenges encountered. It proposes the constitutionalizing of the state of health emergency and the adoption of a comprehensive and integrated approach to improving health legislation. The focus should be on human resources and the effective implementation of healthcare programs to enhance responsiveness to future health risks arising from epidemics, natural disasters, or industrial hazards.