IV. Implementation measures
Chapter 1: Equality/Non-discrimination
Paragraph 1: Elimination of discrimination (Article 2)
The Constitution guarantees women the right to participate in political and public life.
It also recognizes their civil, political, economic, social and cultural rights as
proclaimed in the Universal Declaration of Human Rights and the African Charter on
Human and Peoples’ Rights.
Paragraph 2 of Article 1 of the Constitution stipulates: “The Republic ensures all its
citizens equality before the law, without distinction as to origin, race, sex or social
condition”. Article 12 stipulates: “all citizens may accede to public office and
employment with no conditions other than those prescribed by law”. Article 15 of the
Constitution guarantees the right to property (paragraph 1) and the right to inheritance
(paragraph 2) for all citizens without distinction.
The principle, enshrined in the Constitution, of equality of all before the law is restated
in all legislative texts (labour, trade, investment, land tenure, etc.).
Other legislative and regulatory texts provide for the principle of non-discrimination
towards women. Mauritanian women thus have the right to vote and are eligible for
election to all publicly elected bodies, including the Office of the President of the
Republic (Order Nr. 091-027 of 7 October 1991), the National Assembly (Order Nr.
091-028 of 7 October 1991 on the election of national assembly members), the Senate
(Order Nr. 091-029 of 7 October 1991 concerning the organic law on the election of
senators) and municipal councils (Order Nr. 087-289 of 20 October 1987).
These instruments were reinforced by the 2006 legislation on promoting the
involvement of women in decision-making processes. This legislation imposed a quota
of 20% for the representation of women on each municipal and legislative list.
The Personal Status Code governs marriage, divorce, filiation and inheritance
(marriage age set at a minimum of 18 years for boys and girls, marriage contract, right
to continue one’s studies and to engage in professional activities). It contributes to the
building of a modern society.
Paragraph 2: Access to justice including legal assistance and training of law
enforcement officers (Article 8)
Mauritania has ratified the international human rights treaties and, owing to its
prevailing monistic system, they are directly applicable by the authorities and are
binding. They are therefore of benefit to women facilitating access to justice for them.
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