Mauritius promotes and protects basic human rights. There is no discrimination in Mauritius on the basis of race, place of origin, political opinions, color, creed or sex. But this freedom is subject to respect for the rights and freedoms of others and for the public interest.
Protection of Right to Life
No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted.
A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable –
- For the defense of any person from violence or for the defense of property.
- In order to effect a lawful arrest or to prevent the escape of a person lawfully detained.
- For the purpose of suppressing a riot, insurrection or mutiny or
- In order to prevent the commission by that person of a criminal offence, or if the person dies as the result of a lawful act of war.
- Protection of right to personal liberty
No person shall be deprived of his personal liberty save as may be authorized by law –
- In consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in Mauritius or elsewhere, in respect of a criminal offence of which he has been convicted.
- In execution of the order of a court punishing him for contempt of that court or of another court.
- In execution of the order of a court made to secure the fulfillment of any obligation imposed on him by law.
- For the purpose of bringing him before a court in execution of the order of a court.
- Upon reasonable suspicion of his having committed, or being about to commit, a criminal offence.
- In the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare.
- For the purpose of preventing the spread of an infectious or contagious disease.
- In the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of his care or treatment or the protection of the community.
Last Updated on: 19-04-2010
