duty of “fidélité, secours, assistance”. Article 213 provides that “Les époux assurent ensemble la
direction morale et matérielle de la famille. Ils pourvoient à l’éducation des enfants et préparent
leur avenir”.
453. Parents, by the fact of marriage, have a joint obligation to bring up and attend to all the basic
needs of their children (Article 203 of the Code Civil Mauricien). On the other hand, the Code
Civil Mauricien also imposes a duty on children to care and attend to the basic food needs of
parents or ascendants who are not able to provide same for themselves. It is to be noted that this
duty extends to a son or daughter in law towards their father and mother in law, as the case may
be, subject to conditions.
454. The Ministry of Gender Equality, Child Development and Family Welfare dispenses the Premarital Counselling Programme, the Marriage Enrichment Programme, the Inter-generation
Relationship Programme and the Strengthening Values for Family Life, amongst others.
455. The Protection from Domestic Violence Act was amended in 2016 to, inter alia, widen the
definition of ‘domestic violence’. Domestic violence extends beyond violence directed to a spouse
and the child but to any other person living under the same roof. Notably it now includes interalia, the willful infliction or attempted infliction of injury, intimidation, insult, stalking, the
deprivation of resources which the spouse is entitled to, or of payment for rent in respect of shared
residence. A rehabilitation programme for perpetrators of domestic violence has been initiated in
2018.
456. Section 8 of the Child Protection Act provides that where the Permanent Secretary has
reasonable ground to believe that a child is ill-treated, neglected, abandoned, destitute or otherwise
exposed to harm, and that it is in his interests to be committed to a place of safety, he may apply
in writing to the Court for a committal order.
ARTICLE 28- RESPECT TO FELLOW BEINGS
Every individual shall have the duty to respect and consider his fellow beings without
discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing
mutual respect and tolerance.
457. Section 16 of the Constitution provides that no person shall be treated in a discriminatory
manner by any person acting in the performance of any public function conferred by any law or
otherwise in the performance of the functions of any public office or any public authority.
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
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