الكرامة الوظيفية في مواجهة السلطة الرئاسية نحو تأصيل قانوني لإهانة الموظف العمومي داخل الإدارة

Abstract

This study examines the functional dignity of public servants in the face of hierarchical authority within the administration, approaching it as a field of delicate tension between the legitimacy of hierarchical authority—with the subordination and obedience it entails for the proper functioning of the public service—and the inviolability of human dignity, which the public servant possesses as a human being before being a subordinate within an administrative chain of command. Hierarchical authority is a necessary prerogative for ensuring the regularity, continuity, and unity of administrative action; however, it is not a power over persons as such, but rather a power over work and its direction. Accordingly, its transformation into humiliation, infringement of dignity, or moral harassment constitutes a deviation from its service-oriented purpose and an overstepping of its legal boundaries.

The research argues that functional dignity is neither a favor granted by the hierarchy nor a privilege bestowed by the administration, but rather an inherent constitutional right grounded in Articles 1 and 22 of the Constitution. It further contends that hierarchical authority is constrained by its purpose, the principle of legality, and the inviolability of human dignity, such that when it crosses these boundaries and becomes humiliating, it constitutes an abuse and misuse of power subject to sanction. Yet, the current legal framework governing the protection of public servants against humiliation by their superiors remains fragmented among disciplinary provisions and general criminal and civil rules, with no specific provision criminalizing “functional humiliation” or “moral harassment” within the administration. This situation reveals a legislative gap that calls for an autonomous legal basis.

The analysis draws upon Article 22 of the Constitution, Dahir No. 1.58.008 establishing the General Statute of the Civil Service, as amended by Law No. 46.24, Article 503-1-1 of the Criminal Code introduced by Law No. 103.13, and International Labour Organization Convention No. 190, examined in light of constitutional and international standards.