It guarantees the fundamental rights and freedoms of the people, including the right to hold private property and to be free from racial or other discrimination. An insight from madhewoo v the state of mauritius 2018 18 african human rights law journal 189204. Constitution of mauritius chapter i the state and the constitution article1. This guide to law online mauritius contains a selection of mauritian legal, juridical. Being a citizen of mauritius, it may happen that you will have to deal with law enforcement officers in mauritius.
The state mauritius shall be a sovereign democratic state, which shall be known as the republic of mauritius. The constitution of mauritius guarantees the right of individuals to a private life. R mahadew does the mauritian constitution protect the right to privacy. A critical analysis of section 1 of the mauritian constitution 1994 theses 32 introducton mauritius shall be a sovereign democratic state which shall be known as the republic of mauritius section 1. African human rights law journal llb mauritius llm human rights and democratisation in africa pretoria. The socalled english constitution is an unwritten body of legal customs and rights developed by practice and court decisions from the 11th to the 18th century. It defines mauritius as a sovereign democratic state which shall be known as the republic of mauritius. We are also partnering with these networks to draft constitutional amendments to establish provisions for communities and nature. Few countries in the south have the chance of being a welfare state like mauritius.
Mauritius shall be a sovereign democratic state, which shall be known as the republic of mauritius. Ugandas constitution 1995 provides constitutional guarantees to protect the rights of women in marriage. The republic of mauritius national human rights action plan has been elaborated in accordance with best practices for the preparation of action plans and following extensive consultations with stakeholders. International and local observers judged elections for both the prime minister. Sexual harassment law under the constitution december 21, 2017 in recent months, many women have come forward to report sexual harassment and sexual assault by colleagues and supervisors, leading to a wave of firings, resignations, and lawsuits. The independence constitution established a multiparty democracy, and the country became a republic in 1992. Functions of the commission as provided for in the protection of human rights act 1998 it enquires into written complaints made i by any person who feels that any of the human rights enshrined in chapter ii of the constitution has been violated or is likely to be violated by the act or omission of a public officer or employee of a public body ii. Legislation should ensure that constitutional protections are implemented by and promoted in civil laws. The bill of rights of the constitution has played a critical role in the protection and promotion of civil and political rights in mauritius.
Mauritiuss constitution of 1968 with amendments through 2011. Constitution of the republic of mauritius 1968, as amended. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Constitution amendment act 2008 constitution of mauritius. Mauritius is a welfare state that protects economic, social and cultural rights such as health and education through acts of parliament. The human rights committee this afternoon began its consideration of mauritius fourth periodic report on compliance with the international covenant on civil and political rights, hearing from a. The golden jubilee of the mauritian bill of rights.
Though these rights are not embedded in our constitution, citizens may complain against the malfunctioning of the welfare state to the ombudsman, if such malfunctioning. It is hereby recognised and declared that in mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms. Mauritius has a singlestructured judicial system consisting of two tiers, the supreme court and subordinate courts. With the constitutional structure in mind we argue, in part iii, some of the reasons why mauritius provides a valuable. Constitutional law overview in about 5 minutes youtube. Mauritius is a multiparty democracy governed by the prime minister, the council of ministers, and the national assembly.
Human rights commission ministry of mauritius homepage. The constitution establishes the separation of powers between the legislature, the executive and the judiciary. New composition of the nhrc mauritius for 20142017. The section 83 2 gives power to the supreme court to determine whether any provisions of this constitution has been contravened and a. Mar 04, 20 events the following activities would be organised this year to mark the special occasion. Provided that the right to be registered as a citizen of mauritius under this. It became an independent member of the commonwealth on march 12, 1968, and was elected t o membership of the united nations by acclamation on april 24. The constitution of mauritius established the separation of powers between the legislature, the executive and the judiciary and guaranteed the protection of the fundamental rights and freedoms of the individual.
So, it is in your advantage to arm yourself with sufficient knowledge about your constitutional rights as a citizen of mauritius and some other laws that police officers have to abide by. Under this new constitution, women were given the right to vote, property qualifications for the franchise was abolished, but still inhabitants had to go through a simple literacy test. The republic of mauritius is a sovereign democratic state within the commonwealth with a long tradition of parliamentary democracy. However, mauritius was committed to giving effect to all rights guaranteed by the covenant through its constitutional processes. However, state courts are bound by their states constitution on fundamental issues. Is it constitutional and is it in line with constitutionalism. Rescuing human rights in mauritius during the covid 19. Constitution arises in any court of law established for mauritius other than the court.
As the number of communities advancing community rights including the rights of nature grows, celdf is assisting them in joining to form statewide community rights networks. With the constitutional structure in mind we argue, in part iii, some of the reasons why mauritius provides a. This constitution is the supreme law of mauritius and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. The constitution of the republic of mauritius is the supreme law of mauritius, according to chapter i, section 2 of the constitution, if any other law is inconsistent. The constitution and law prohibit such practices, but there continued to be widespread allegations of police abuse. This guide to law online mauritius contains a selection of mauritian legal, juridical, and governmental sources accessible through the internet. Does the mauritian constitution protect the right to. The alliance of the future, a coalition led by prime minister navinchandra ramgoolam, won. Mauritius is a multiparty democracy governed by a prime minister, a council of ministers, and a national assembly. Family law and marriage laws violence against women. Economic and social rights form part of human rights.
The 1968 constitution proclaims that mauritius is a democratic state and that the constitution is the supreme law of the land. Constitutional evolution of mauritius from british rule to. Constitution 1968, article 312, first schedule article 1. I also believe it is time that we have a constitutional bench at the supreme court and we may later decide if we need a constitutional court. Does the mauritian constitution protect the right to privacy. Mauritius shall be a sovereign democratic state which shall be known as the republic of mauritius. Boggs, 1 baldw 60, statutes that violate the plain and obvious principles of.
An example of the role of constitutions in development, 18u. Mauritius university of miami school of law institutional repository. Declaration of human rights which sets out in its 30 articles. The court pronounced that only article 22 of the civil code provided for a right to the protection of private life, and this did not have the status of a constitutional. It guarantees the protection of the fundamental rights and freedoms of the individual. This constitution is the supreme law of mauritius and if any other law is. Bill of rights, constitutional rights, common law constitution, government. Subscribe to the monthly newsletter, to be informed of the latest news portal, and new services added.
Constitutional and administrative law laws 1112 y 1 university of mauritius academic year 20112012 lecture 1 definition and scope of constitutional law the role of law law is not merely a matter of the rules which govern relations between private individuals for example between the employer and employee or between landlord and tenant. The 720squaremile island state in the southwest part of the indian ocean had a tradition for the rule of law, respect for the constitution. International and local observers judged elections for both the prime minister and legislators in 2014 to be generally free and fair. Ministries, government departments, national human rights institutions and ngos download national human rights action plan 20122020. Mauritius 6 country reports on human rights practices for 2015 united states department of state bureau of democracy, human rights and labor the constitution and law provide for freedom of speech and press, but the government did not always respect these rights. The constitutional framework regarding the prime minister mauritius has inherited the exportmodel of the westminster constitution. In 1948, the british government approved a new constitution for mauritius. The constitution guarantees to the citizen his fundamental rights. Section 1 of the mauritian constitution hereinafter referred to as section 1 is entitled the state. Constitution of the republic of mauritius 1968, as amended to 2011. The constitution of mauritius is limited in the sense that it protects only civil and political rights.
In the constitution of mauritius it is provided under section 12 where it states that. Section 83 of the constitution of mauritius defines the original jurisdiction of the supreme court in constitutional questions. Constitution is supreme law this constitution is the supreme law of mauritius, and if any other law is inconsistent with this constitution, that other law shall, to the extent of the inconsistency, be void. Importantly, it establishes the minimum age for marriage at 18 years, guarantees equal rights to both parties at, during and upon dissolution of the marriage, and it.
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