ARTICLE 4 - RIGHT TO LIFE AND INTEGRITY OF A PERSON
Human beings are inviolable. Every human being shall be entitled to respect for his life and the
integrity of his person. No one may be arbitrarily deprived of this right.
CRIMES AGAINST HUMANITY
7.
Mauritius strongly supports the efforts of the international community to put an end to
impunity for serious crimes against humanity.
8.
The Geneva Conventions of 1949 have been incorporated into our law by virtue of the
Geneva Conventions Act which makes it an offence to commit a grave breach of any of the four
Geneva Conventions. The International Criminal Court Act was passed in 2011 to provide for the
effective implementation of the Rome Statute of the International Criminal Court in the laws of
Mauritius.
DEATH PENALTY
9.
The National Assembly enacted the Abolition of Death Penalty Act in 1995, thereby
abolishing death penalty. Following the enactment of the Abolition of Death Penalty Act 1995, all
death sentences imposed have been commuted to sentences of penal servitude for life. The
Supreme Court may now inflict sentences of penal servitude for life or sentences for terms not
exceeding 60 years where the law so provides. However, section 4 (1) of the Constitution provides
that “No person shall be deprived of his life intentionally save in the execution of the sentence of
a court in respect of a criminal offence of which he has been convicted”. This section has not yet
been amended to prohibit the imposition of death sentences. An amendment to section 4(1) of the
Constitution would need to be supported at the final voting in the Assembly by the votes of not
less than three quarters of all the members of the Assembly. It is to be noted that the last execution
of death penalty was on 10 October 1987.
UNWANTED PREGNANCY
10. In May 2012 amendments were introduced in Parliament to the Criminal Code to authorise
the termination of pregnancy in specified circumstances, namely, in cases where –
(a) the continued pregnancy will endanger the pregnant person’s life;
(b) the termination is necessary to prevent grave permanent injury to the physical or mental
health of the pregnant person;
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