In 1995, the Constitution of Mauritius was amended to include gender in the definition of discrimination. In addition, the government adopted (in 2000) a law against sexual discrimination. All citizens are equal under Mauritian legislation, but the society remains firmly rooted in tradition. Moreover, men dominate the social system.
Approximately 17 per cent of the population of Mauritius is Muslim; family life within this community is governed by Islamic Sharia law, which contradicts the principle of non-discrimination in the areas of adoption, marriage, divorce and inheritance.
The Mauritian family code is generally favourable to women. The minimum legal age of marriage is 18 years for both men and women. According to statistics gathered by the Committee on the Elimination of Discrimination against Women, early marriage is not frequent; the average age for first marriage is 23.8 years for women and 28.3 years for men. However, a 2004 United Nations report estimated that 11 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is neither legally recognised nor a common practice in Mauritius, but it is authorised by “personal Muslim laws”, which permit men to have up to four wives.
The Mauritian Civil Code provides both spouses with the same rights and obligations in regard to parental authority, but in practice the husband is considered to be the head of the family. If one spouse dies, the surviving spouse is automatically granted child custody. In the event of divorce, children are usually entrusted to the mother, who receives child support from the father.
Mauritian women have the same rights as men in regard to inheritance; there are no reported restrictions on their right to inherit land or property. Widows and widowers inherit the property of the deceased spouse, whatever the circumstances and the matrimonial regime, even if the deceased did not leave a written will. There are no legal or customary restrictions that favour male heirs over females.
needed. In 1997, the government adopted a law against domestic violence that included violence against women in its definition of discrimination. In a programme that began in 2005 and runs until 2010, the government has endeavoured to strengthen the application of this law. Despite these measures, half of Mauritian women report having been victims of physical violence. Many women are financially dependent on their husbands, and opt to remain silent about violence rather than run the risk of not being able to support their families independently.
In 2003, the government adopted a law to combat sexual violence, which increased the penalties for offenders. When reporting sexual violence, victims must undergo a medical examination before gaining access to appropriate agencies for psychological assistance. Spousal rape is not an offence under Mauritian law.
There is no evidence to suggest that female genital mutilation is a common practice in Mauritius, nor is it a country of concern in relation to missing women.
There does not appear to be any discrimination against Mauritian women in regard to ownership rights. Women have the same capacity as men to enter into contracts and they can administer property in their own name without their husbands’ authorisation or interference. Marriages under the community of property regime are governed by specific measures, but these concern men more than women and mutual consent is necessary only for certain operations.
Mauritian women are entitled to access to land and are able to buy, hold and sell land either independently or jointly with men. There are no reported restrictions to their access to property other than land.
There are no indications that Mauritian women face discrimination in regards to access to bank loans, but in a marriage under the community of property regime, either spouse must have their partner’s consent to obtain a loan.
Men and women have equal civil rights in Mauritius. The law guarantees freedom of movement for women and they are free to obtain a passport and travel without their husbands’ consent. It is often the case that the husband owns the marital home, but married women are at liberty to choose where they live. There are no restrictions on Mauritian women’s freedom of dress.
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Mauritius, Combined Third, Courth and Fifth Periodic Reports of States Parties, CEDAW/C/MAR/3-5, CEDAW, New York, NY.
CEDAW (2006a), Réponses apportées aux questions suscitées par le rapport unique : Maurice. CEDAW/C/MAR/Q/5/Add.1, CEDAW, New York, NY.
CEDAW (2006b), Observations finales du Comité pour l’élimination de la discrimination à l’égard des femmes: Maurice, CEDAW/C//MAR/CO/5, CEDAW, New York, NY.
CEDAW (2006c), Summary Record of the 745th Meeting, CEDAW/C/SR.745, CEDAW, New York, NY.
CEDAW (2006d), Summary Record of the 746th Meeting, CEDAW/C/SR.746, CEDAW, New York, NY.
ECOSOC (United Nations Economic and Social Council) (2003), Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women, E/CN.4/2003/75/Add.1, UN, New York, NY.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Mauritius, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 10 October 2007.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2006), World Population Prospects, Population Database, UN Population Division, New York, NY.
US Department of State (2007), International Religious Freedom Report: Mauritius, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
