(c) there is a substantial risk that the continued pregnancy will result in a severe malformation,
or severe physical or mental abnormality, of the foetus, as assessed by the appropriate
specialists;
(d) the pregnancy has not exceeded its fourteenth week and results from a case of rape, sexual
intercourse with a female under the age of 16 or sexual intercourse with a specified person
which has been reported to the police.
11. Section 235A (1) of the Criminal Code provides that no person shall provide treatment to
terminate a pregnancy unless he, inter alia – (a) is a specialist in obstetrics and gynaecology who
is registered as such under the Medical Council Act; (b) provides the treatment in a prescribed
institution.
12. The Medical Council Act further provides that such termination can only take place in
institutions prescribed by the Permanent Secretary of the Ministry of Health and Quality of Life.
A prescribed institution meaning any institution, hospital, clinic or other place for providing
treatment as may be prescribed under the said act, and there is a record provided with regard to
specialists who advise termination of pregnancies and with regard to the consent of the person who
wishes to terminate a pregnancy.
FERTILITY CENTRES
13. Private Clinics in Mauritius provides the necessary facilities to assist families willing to have
a child. The Mauritius Family Planning and Welfare Association Act was repealed in 2018 and
replaced by a more appropriate and modern legislative framework that makes provision for sexual
and reproductive health and rights in accordance with international standards.
14. Hospitals in Mauritius provide appropriate free medical care and follow up at all stages, from
the pregnancy is noted till the confinement. Maternal Child Health (MCH) services, including
ante-natal care and postnatal care have been strengthened through the inclusion of Gynecologist
sessions in Area Health Centres for ante-natal care with echography facilities.
15. Mauritius has made significant progress in enhancing child health. Since 1990, infant
mortality rate per thousand live births and under-five mortality rate declined by almost by 30%.
Immunization coverage rate is above 95% through the public Expanded Programme of
Immunization (EPI) and the private sector. The State of Mauritius has acceded to the Convention
on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) on 8 July
2019 regard to the right to live.
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