Democracy and Political Governance
Chapter 3
socialisation. The way the authorities deal with delinquency also
poses a problem, because the young delinquents do not always benefit
from the guarantees offered them by the Convention on the Rights
of the Child. The stakeholders, especially in Rodrigues, drew the
attention of the CRM to the lack of adequate structures and centres to
cater for young delinquents and children in distress. Socioeducational
measures that provide children with alternative ways of making
livelihoods or that rehabilitate and reintegrate them into society are
virtually nonexistent on the island. Young inmates are also imprisoned
alongside adults. However, prison sentences, whether in Rodrigues
or Mauritius, mean suffering and violence.
Good practice 3.2:
The role and powers of the ombudsperson for children
The Ombudsman for Children Act of 2003 established the position of ombudsperson
for children in 2003. The ombudsperson represents and defends all Mauritian children in
Mauritius, Rodrigues and Agaléga, and even those who are abroad. He/she also represents
and defends foreign children on Mauritian territory.
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He/she is independent and must promote the rights and interests of children.
He/she ensures that every person, association or institution, in the public or
private sector, respects the rights and interests of children.
He/she listens to children to understand their concerns and expectations. He/
she proposes, to the competent authorities, legal, political or other measures
that can improve the condition of children.
He/she investigates any violation of the rights of a child or any risk of a
violation.
He/she acts as ombudsperson or sends a report to any person or authority.
He/she makes general proposals to the MWRCDFW.
He/she does not intervene directly in trials, but can direct any child involved in
a trial for aid, assistance and psychological or other support to the ministry.
He/she should also promote the Convention on the Rights of the Child and
respect for its clauses.
Chapter 3
Reports
The ombudsperson for children must submit a report every year to the
president of the republic, who, in turn, sends it to the National Assembly.
The ombudsperson for children may also submit occasional reports.
iii.
Recommendations
338.
The APR Panel recommends that Mauritius:
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Reforms the educational system and reinforces the ZEP – or
any areas that need special education – to achieve equity and
quality education. [MECHR]
Intensifies efforts to eradicate violence against children in the
family and society. [Government]
Takes all necessary measures to put an end to the commercial
sexual exploitation of children. [Government]
Researches the causes of juvenile delinquency and complies with
the provisions of the Convention on the Rights of the Child on
the treatment of minor delinquents. [Government]
Objective 9:
i.
Promote and protect the rights of vulnerable groups,
including the disabled, the poor, internally displaced persons
and refugees
Summary of the CSAR
The legal and institutional framework for senior citizens and disabled people
339.
The legal framework for senior citizens was established by the Senior
Citizens Council Act of 1985, which created the Senior Citizen Council.
The Council is now governed by the Senior Citizens Council Act 1995
(Act 5 of 1995). The Council is a corporate body under the Ministry of
Social Security, National Solidarity and Senior Citizens Welfare and
Reform Institutions. Senior citizens are now governed by the Senior
Citizens Council Act 1995.
340.
The Training and Employment of Disabled Persons Board takes care of
persons with disabilities. It established a funding mechanism for the
vocational training of disabled persons. The Training and Employment
of Disabled Persons Act of 1996 includes a section on antidiscrimination.
Therefore, it is now an offence for an employer to discriminate against
disabled persons when advertising for employees, when determining
Investigations
To open an investigation, any adult or minor can contact the ombudsperson
for children. That person must report the facts about any child victim. The
ombudsperson for children guarantees the confidentiality of their information.
The ombudsperson for children may also initiate an investigation as soon as
he or she hears about a violation. He or she may then interrogate any person,
including a civil servant, who can give information. He or she may also go
to any place where a child is living either temporarily or permanently or
in danger, like a foster home, a school, a day-care centre, a work or leisure
place, a licensed beverage room, a charitable institution, a place of detention,
a hospital or a clinic. He or she may ask the CP to order an investigation or to
assist him or her to access any place where a child may be in danger.
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