Treaty
F.
The Rome Statute 1998 Rome
Statute for the International
Criminal Court
G.
The Convention on the Rights of
the Child
The 2000 Optional protocol on the
involvement of children in armed
conflict
Convention for the Protection
of Cultural property in the event
of Armed Conflict
Date Signed/
Acceded /
Succeeded
Signed on June
1998
Ratified on 5 March
2002
Signed on 11
November 2001
Ratified on 12
February 2009
Ratified on 22
December 2006
Domestic Legislation
enacted
International Criminal
Court Act
The main provisions of the
CRC
were
to
be
incorporated
in
the
Childrens’ Bill
Draft Amendment Bill
under Preparation at the
Ministry of Arts and
Culture
Acceded on 23 July The Firearms Act
I. Arms Trade Treaty
2015
(amended in 2016)
Source: Ministry of Foreign Affairs, Regional Integration and International Trade
H.
LEGAL FRAMEWORK FOR THE PROTECTION OF HUMAN RIGHTS AT THE NATIONAL
LEVEL
48.
The national legal framework for the protection of Human Rights comprises of the
Constitution which is the ‘supreme law’ of the Republic of Mauritius and of a wide array of
enactments and subsidiary legislation.
49.
Several avenues are open to a person who alleges that his rights have been contravened.
Section 17 of the Constitution provides that any person who alleges that his rights under section 3
to 16 have been contravened or is likely to be contravened, may apply to the Supreme Court to
seek redress. Any person may further enter a civil claim for damages before the Courts as a means
of compensation for a prejudice which he claims he has suffered as a result of the acts or omissions
of another party including of the State. The law provides that complaints in relation to specific
matters may be made to various institutions such as the National Human Rights Commission, the
Equal Opportunities Commission, the Office of the Ombudsman, the Ombudsperson for Children,
the Independent Police Complaints Commission.
50.
Administrative decisions may also be challenged in Court by way of applications for
Judicial Review.
19