THE EQUAL OPPORTUNITIES ACT
294. The Equal Opportunities Act provide further safeguards and protection by prohibiting
discrimination in employment, education, qualifications for a profession, trade or occupation, the
provision of goods, services, facilities or accommodation, the disposal of property, companies,
partnerships, “sociétés”, registered associations, sports, clubs and access to premises which the
public may enter or use. The grounds of discrimination extend beyond those provided in the
Constitution, notably age, ethnic origin, sexual orientation, impairment, and marital status.
295. The Equal Opportunities Act was amended in 2017 to provide for the prohibition of
discrimination in employment on the grounds of a person’s criminal record, both at recruitment
and promotion level, where a person’s criminal record is not relevant to the nature of the
employment for which that person is being considered. The burden of proof, that a discrimination
on ground of criminal records is relevant, has been put on the employer.
LGBT RIGHTS
296. In November 2018, the Ministry of Justice, Human Rights and Institutional Reforms
obtained technical assistance from the Human Dignity Trust, one of the members of the Equality
& Justice Alliance, based in UK, to assist in advancing the rights of LGBT people. The assistance
provided includes the undertaking of sensitization activities, engaging with international networks
of experts and champions, and receiving support to develop resources, knowledge and capacity to
draft and amend legislation with a view to enhancing protection of the LGBT people in Mauritius.
297. On 06 August 2018, following the landmark judgment in the case of Navtej Singh Johar &
Ors v Union of India & Ors article 377 of the Indian Penal Code was declared unconstitutional by
the Supreme Court of India. The judgment of 5-judge Bench of the Supreme Court of India will
no doubt inspire countries such as Mauritius to have a fresh assessment of their laws on this subject
matter. It is to be noted that the Former Chief Justice of India Judge Dipak Mishra, was invited to
Mauritius in March 2019, and had the possibility to interact with the Judiciary, NGOs, Students,
public officials during workshops which were organized by the Human Dignity Trust UK and
MJHRIR.
298. LGBT community organizes the pride march annually.
299. Government hospital provides hormone treatment for trans people and this is available free
of charge. Legal procedures for those willing to change their name is not different from the normal
procedure. Medical sex change is not possible in Mauritius. Moreover, the possibility of sex
change on ID/ Birth Certificate at the Civil Status Office is not yet authorized by law.
119