Human Rights should be efficiently upheld in any democracy, by the

appropriate legislative framework and by the implementation of institutions

to enforce them. Discuss to what extent this is enforced in Mauritius.

Mauritius is generally recognized as a democratic country with a commitment to upholding

human rights. The government of Mauritius has made efforts to establish legislative
frameworks and institutions to protect and promote human rights.
Mauritius has a constitutional framework that guarantees fundamental rights and freedoms to
its citizens. The Constitution of Mauritius, adopted in 1968 and amended over time, enshrines a
range of civil and political rights, such as the right to life, freedom of expression, freedom of
assembly and association, and equality before the law. It has also the Code Civil Mauricien
which predates the Constitution and describes the civil rights that citizens of Mauritius enjoy
and obligations of the State to guarantee those rights and freedom without discrimination. The
following articles of the Code Civil Mauricien are pertinent as regard protection and promotion
of human rights in Mauritius. (Article 12, 13,14,15,22). For Example, Article 22 of the Code Civil
Mauricien state that «Chacun a droit au respect de sa vie privée.
Les juridictions compétentes peuvent, sans préjudice de la réparation du dommage subi,
prescrire toutes mesures, telles que séquestre, saisie et autres, propres à empêcher ou faire
cesser une atteinte à l'intimité de la vie privée. > This can be seen in the case of Payet v Seagull
Insurance Co. Ltd & Ors[1990] - The Court observed that “One cannot think of a case where the
protections of fundamental rights and freedoms of the individual can be more sacrosanct than
where the protection relates to the body of the individual”. It came to the conclusion that “in a
civil case, it would be inappropriate to compel a person to submit himself to a medical
examination, in any circumstances which does not meet his will”.

A bird’s eye view of the fifth periodic report submitted by Mauritius in 2019 reveals the
following:

New legislations enacted to give effect to the Covenant They include: The Combating of
Trafficking in Persons Act 2009, the International Criminal Court Act 2012, the Equal
Opportunities Act 2012, the Protection of Human Rights (Amendment) Ac 2012, Police
Complaints Act 2012, the National Preventive Mechanism Act of 2012; Legal Aid and Legal
Assistance Act 2012, The Criminal Procedure (Amendment)Act 2007, the Judicial and Legal
Provisions Act 2018

Three main Commissions have established to enhance the existing legal and administrative
infrastructure to better guarantee citizens their human rights as defined in the ICESCR and
ICCPR. These Commissions are; 1) the National Human Right Commission [NHRC], 2) Office of
the Ombudsperson for children, and 3) the Equal Opportunities Commission. The fifth periodic
report to the Human Rights Committee was submitted in 2017. the Committee welcomed the
legislative, institutional and policy measures.

Among the recent enactments giving effect to the ICCPR include: The Police Complaints Act, in
2013; The Equal Opportunities Act, in 2012; The Protection of Human Rights (Amendment Act),
in 2012; The International Criminal Court Act, in 2012; The Legal Aid and Legal Assistance Act, in
2012; The National Preventive Mechanism Act, in 2012; The Institute for Judicial and Legal
Studies Act, in 2011; The Combating of Trafficking in Persons Act, in 2009.

Mauritius has ratified numerous international treaties and conventions related to human rights.
Ratifying these instruments demonstrates the country's commitment to upholding human
rights principles and its willingness to comply with the legal obligations outlined in these
agreements. The ratification of core conventions such as the Convention on the Elimination of
All Forms of Discrimination Against Women, the Convention on the Rights of the Child, the
International Covenant on Civil and Political Rights, the International Covenant on Economic,
Social and Cultural Rights, and the International Convention on the Elimination of All Forms of
Racial Discrimination is indeed significant. These conventions cover a wide range of human
rights areas and provide a framework for protecting and promoting the rights of various groups
within society. By ratifying these treaties, Mauritius has established a legal foundation for the
protection of human rights domestically. It obligates the government to take necessary
measures to implement the provisions of these treaties within its national legal framework

Indeed, the passage of the Equal Opportunity Act by the Mauritian parliament is a significant
achievement. This act represents Mauritius' strong stance against all forms of discrimination
and its commitment to ensuring equal rights and opportunities for all individuals in various
areas of life, including education and employment. The act plays a vital role in promoting
inclusivity and combating discrimination in the country.

The Social Integration and Empowerment Act of 2016 is another noteworthy achievement. This
act reflects the government's dedication to addressing poverty and promoting the social
integration and empowerment of individuals living in absolute poverty. It emphasizes the
importance of providing support and opportunities for vulnerable populations to uplift their
living conditions and enhance their overall well-being.

The establishment of the Independent Police Complaints body in 2018 demonstrates Mauritius'
commitment to addressing issues related to police brutality and enhancing police
accountability. This institution plays a crucial role in expediting the resolution of complaints and
ensuring that allegations of police misconduct are thoroughly investigated and addressed.

Recognition from the Human Rights Committee for implementing selected priority
recommendations is a positive development. It reflects the efforts made by Mauritius to
address human rights concerns and implement measures to improve the human rights situation
in the country. While these achievements are commendable, it is important to acknowledge
that more progress is still needed to further enhance the human rights situation in Mauritius.
Continuous efforts should be made to ensure the effective implementation and enforcement of
existing legislation, strengthen human rights mechanisms and institutions, and address
persistent challenges and areas of concern. By building on these achievements and addressing
the remaining gaps, Mauritius can continue to advance the promotion and protection of human
rights, creating a more inclusive and rights-respecting society for its population.

Towards the elimination of discrimination against women in Mauritius Mauritius has ratified
the following ILO conventions – Equal Remuneration Convention 1951 C 100 (Dec 2002);
Discrimination (Employment and Occupation) Convention 1958 (No. 111); Workers with Family
Responsibilities Convention (No. 156 ) & Maternity Protection Convention (No. 183 ) [ratified in
June 2019 and entered into force in 2020.Moreoever, The Protection from Sex Discrimination
Act 2002 is a comprehensive Act which addresses both direct and indirect discrimination
against women.

More legislative frameworks have implemented towards the elimination of discrimination

against women in are ;The protection from Domestic Violence Act 1997 (amended in 2004),
includes gender –based violence in the definition of discrimination,The Education Act (amended
in 2005), increased the age of free, compulsory education to 16 years.Amendments were
brought to the Constitution in 1995 [ Subsection 3 of section 16 of the Constitution, which inclu

Mauritius is a party to-

the Convention on the Rights of the Child; the African Charter on the Rights of the Child, the
Hague Convention on the Civil Aspects of International Child Abduction; the Optional Protocol
to the Convention on the Rights of the Child; The Optional Protocol to the Convention on the
Rights of the Child, on the sale of children, child prostitution and child pornography; The
Convention on the Rights of Persons with Disabilities; The Convention concerning the
Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. des
‘sex’ as a prohibited ground of discrimination.