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Summary: General overview of Mauritius' national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Under Mauritian law, treaties, including the Convention on the Rights of the Child, do not automatically take force in the national legal system but must be incorporated through further legislation. The State has not incorporated the Convention as a whole, but has sought to legislate to give effect to the Convention through domestic legislation. The Convention can be cited in domestic courts to give strength to an argument, but cannot be invoked as an enforceable right unless it has been enacted through Mauritian legislation. Constitution: Chapter II of the Constitution of Mauritius sets out a number of rights provisions that apply regardless of age and a small number of provisions throughout the Constitution make specific reference to the rights of children: Article 5(1)(f): provides that deprivation of personal liberty may be permitted for persons aged under 18 for the purposes of education or welfare where authorised by law. Article 10(10): allows courts to exclude the public from legal proceedings where to do so would be in the interests of the welfare of persons under the age of 18 Article 11(2): permits parents to consent to the religious instruction of their children in places of education. Article 11(3): enshrines a right for religious communities and denominations to make provision for education. Article 14(3): provides that no person shall be prevented from sending their child to schools not established or maintained by the government and article 14(3) defines a child as including a stepchild and adopted child for the purposes of this provision. Articles 94(6) and 95(6): make reference to children's rights with regards to pension benefits. Legislation: there is no consolidated or comprehensive Children's Act in Mauritian law, rather legislation relevant to children can be found in various Codes and Acts. Legislation of particular relevance to children includes, but is by no means limited to: The Child Protection Act 1994 The Protection of the Child (Miscellaneous Provisions) Act 1998 (amending the Child Protection Act 1994 and 23 pieces of legislation) The Protection of Human Rights Act 1998 The Criminal Code The Juvenile Offenders Act 1935 The Protection from Domestic Violence (amendment) Act 2004 The Sex Discrimination Act 2002 The Computer Misuse and Cyber Crime Act of 2003 The Civil Status (Amendment) Act 2004 The National Children's Council (Amendment) Act 2005 Education Regulations 1957 Legal Research The Constitution of Mauritius is available through the website of the National Assembly (http://www.gov.mu/portal/site/AssemblySite/menuitem.ee3d58b2c32c60451251701065c521ca/#portal) and the website of the Government of Mauritius publishes recent Acts, Regulations and Bills (http://www1.gov.mu/scourt/publegislation/pubNewLegislations.do). The World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwemau.htm) and the International Labour Organisation website, NATLEX (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=MUS), provide access to a selection of Mauritian legislation. In addition, the World Legal Information Institute (http://www.commonlii.org/links/2700.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/mauritius.php) both provide access to a selection of legal and governmental resources. Case Law CRC Jurisprudence Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child. Case Law Research The website of the Supreme Court of Mauritius publishes the judgments of the District Courts, Industrial Court, Intermediate Court and Court of Rodrigues (https://www1.gov.mu/scourt/pubjudgment/pubViewP.do). The case law of the Judicial Committee of the Privy Council is available through the website of the British and Irish Legal Information Institute (http://www.bailii.org/uk/cases/UKPC/). Compliance with the CRC In its Concluding Observations of 2006, the Committee on the Rights of the Child noted with appreciation legislative reforms undertaken to bring national law into conformity with the Convention on the Rights of the Child, but expressed concern that areas of domestic law, such as adoption and juvenile justice, still fell short of the Standards set by the Convention. The Committee urged the state to strengthen and continue its efforts to review its legislation, and encouraged it to consider enacting a comprehensive Children's Act to consolidate the legislation covering all aspects of children’s rights. In depth analysis Among the concerns raised in the Committee's 2006 Concluding Observations was the failure of the State to integrate the overarching principles of the Convention into domestic law and practice, particularly the best interests of the child. While noting the inclusion of the “best interests of the child” in several Acts, the Committee expressed concern that it had not been included in the Constitution and that the principle was not fully applied in administrative and judicial decisions, including in cases related to child custody, visitation rights and adoption. The issue of privacy of children was also a particular concern raised during the 2006 Observations. The Committee, noting press reports which made child victims of abuse and children in conflict with the law identifiable, urged the State to legislate to protect children's privacy in these settings. The Committee also urged the State to support the initiatives of the Ombudsperson for Children, including by drafting a Code of Ethics for press with regards to the privacy of children. With regards to the national system of juvenile justice, the Committee raised a number of further concerns. Of particular concern was the lack of clear legal provisions on the minimum age of criminal responsibility, the frequent use of deprivation of liberty and the lack of non-custodial sentences for children. In response to these concerns, the Committee urged the State to establish by law a minimum age of criminal responsibility, to increase the availability and accessibility of non-custodial measures for child offenders and to take all necessary measures to limit the de facto use of deprivation of liberty. The Committee also urged the State to amend legislation to abolish the possibility for parents to place children in institutions on the basis that a child is a “child beyond control”. Current legal reform projects Mauritius undertook a review of its laws on juvenile justice in 1999 and as of 2006 expressed its intention to conduct a review of relevant law. At the time of writing, comprehensive reforms of juvenile justice legislation had not taken place.