Democracy and Political Governance iii. Recommendations 314. The APR Panel recommends that Parliament: • • Chapter 3 Ratifies international, regional and subregional instruments that promote women’s rights. Encourages greater numbers of women in decision making positions by introducing quotas in order to conform to international, regional and subregional instruments. Chapter 3 the life of the child at risk. A father or a mother may not use his or her property or that of the child without the consent of the spouse. 318. Mauritius promulgated the Criminal Code (Amendment) Act on 22 May 1998. It provides for sanctions against parents if they, for example: (i) abandon the family home for more than two months; (ii) treat their children badly; (iii) set their children bad examples; (iv) conduct themselves obviously badly; (v) fail to care for their children; (vi) harm the health, security or morality of their minor children seriously; (vii) attack minors of younger than 16 or their own children with physical or mental disabilities. 319. Mauritius promulgated the Child Protection Act (various provisions in annexure 3) on 22 May 1998. It extended the definition of the term ‘wrong’ in the Child Protection Act to include sexual violence. A magistrate may now issue an emergency protection order when he or she has valid reasons for thinking that a child is, or runs the risk of, suffering any form of sexual abuse. 320. Any person who has intercourse with a given person, with or without his or her consent, commits an offence. A ‘given person’ is a child irrespective of age, or a person with physical or mental disability, who lives under the same roof as the accused or who is the child of the partner of the accused. Any person who commits an indecent act, even with consent and without violence, commits an offence. 321. Mauritius has also adopted texts aimed at protecting children in different circumstances. It amended the Cinematography Act to cover sanctions that can be imposed on a person who admits a minor person to an exhibition, or a proposed exhibition, of a cinematographic film that violates a condition imposed by the Censure Committee provided for in law. It amended the Registration of Associations Act to cover the admission of a minor boy or girl, with the written authorisation of his or her tutor, as a member of a registered association. 322. Mauritius promulgated the Protection from Domestic Violence Act (annexure 7) in May 1997. The objective of the act is to protect spouses and children against domestic violence. 323. Mauritius amended the Pretrial Release of Delinquents Act to guarantee that, when the police arrest a person younger than 18, they take all necessary measures to inform the parents or tutor of the child and/or indicate where they can see the child. It amended the The APR Panel recommends that the executive: • • • • Strengthens the MWRCDFW by providing it with adequate human and financial resources. Intensifies efforts to sensitise people about violence against women, particularly within families. Increases its efforts to change the stereotyped roles of women and men by sensitising and educating the public. Integrates education for women’s rights, teaching law and the training of judges, lawyers and public prosecutors in order to inculcate a culture that favours gender equality and nondiscrimination. Objective 8: Summary of the CSAR 315. The country has adopted several measures aimed at protecting the child. They include promulgating the Child Protection Act in 1994. Its objective is to protect children against all forms of abuse. The country implemented it in June 1995. Mauritius harmonised this national law with the UN Convention on the Rights of the Child. 316. The ombudsperson for children must ensure that public agencies, private authorities, individuals and associations consider fully the rights, needs and interests of children, promote the rights and superior interests of children, and try to respect the Convention on the Rights of the Child. 317. 140 Promote and protect the rights of children and young persons i. Mauritius amended the Napoleonic Code in 1999 in order to allow a child to contact a court to ascertain the basis for a case in which he or she is implicated. Another amendment aims at restricting the rights of parents who use the resources of the family unjustifiably and put Democracy and Political Governance 141