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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Limitations and/or Derogations
- EnglishIt 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
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and the provisions of this Chapter7 shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. (Sec. 3)
Marriage and Family Life
- English1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
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3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision
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c. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
… (Sec. 16)
Participation in Public Life and Institutions
- English1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
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3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
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5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes.
… (Sec. 16)
Property, Inheritance and Land Tenure
- English1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.
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3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.
4. Subsection (1) shall not apply to any law so far as that law makes provision
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c. for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description.
… (Sec. 16)
Property, Inheritance and Land Tenure
- EnglishIt 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
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c. the right of the individual to protection for the privacy of his home and other property
… (Sec. 3)
Protection from Violence
- English1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
… (Sec. 6)
Protection from Violence
- English
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
a. the right of the individual to life, liberty, security of the person
… (Sec. 3)
Protection from Violence
- English1. No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
… (Sec. 7)
Public Institutions and Services
- English1. Where under any law any person or authority has a discretion
a. to decide whether or not any pensions benefits shall be granted; or
b. to withhold, reduce in amount or suspend any such benefits that have been granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.
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6. In this section, "pensions benefits' means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service. (Sec. 95)
Public Institutions and Services
- English1. The law to be applied with respect to any pensions benefits that were granted to any person before 12 March 1968 shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favourable to that person.
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5. In this section, "pensions benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependents or personal representatives of such persons in respect of such service.
… (Sec. 94)