C. PEOPLES ’ RIGHTS
ARTICLE 19- EQUALITY OF PEOPLES
(i)
(ii)
All peoples shall be equal; they shall enjoy the same respect and shall have the same
rights.
Nothing shall justify the domination of a people by another.
291. The Republic of Mauritius includes the Islands of Mauritius, Rodrigues, Agalega, Tromelin,
Cargados Carajos and the Chagos Archipelago, including Diego Garcia and any other island
comprised in the State of Mauritius and the Constitution of Mauritius confers the same rights to
be treated equally and to live a life free from discrimination, to every citizen.
292. Section 3 of the Constitution entitled “Fundamental rights and freedoms of the individual”
reads as follows –
“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 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 and the protection to the
law;
(b) freedom of conscience, of expression, of assembly and association and freedom to establish
schools; and
(c) the right of the individual to protection for the privacy of his home and other property and
from deprivation of property without compensation, and the provisions of this Chapter
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.
293. Section 16 of the Constitution provides that no law shall make any provision that is
discriminatory either of itself or in its effect. The section defines the term “discriminatory” as
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 to or are accorded privileges or advantages that are not accorded
to persons of another such description. Section 17 of the Constitution provides that a citizen who
alleges that his right under Chapter II of the Constitution is being or is likely to be contravened,
may apply to the Supreme Court for redress.
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