Constitution of Mauritius

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CONSTITUTION OF MAURITIUS
Chapter I – THE STATE AND THE CONSTITUTION Article1.The State Mauritius shall be a sovereign democratic State, which shall be known as the Republic of Mauritius. Article 2.Constitution is supreme law This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.

Chapter II – PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

Article 3.Fundamental rights and freedoms of the individual It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms (a) the right of the individual to life, liberty, security of the person and the protection of the law; (b) freedom of conscience, of expression, of assembly and association and freedom to establish schools; and (c) the right of the individual to protection for the privacy of his home and other property and from deprivation of property without compensation, and the provisions of this chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. Article 4.Protection of right to life (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted. (2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable (a) for the defence of any person from violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) for the purpose of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.

Article 5. Protection of right to personal liberty (1) No person shall be deprived of his personal liberty save as may be authorised by law -

(a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a court, whether in Mauritius or elsewhere, in respect of a criminal offence of which he has been convicted; (b) in execution of the order of a court punishing him for contempt of that court or of another court; (c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law; (d) for the purpose of bringing him before a court in execution of the order of a court; (e) upon reasonable suspicion of having committed, or being about to commit, a criminal offence; (f) in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare; (g) for the purpose of preventing the spread of an infectious or contagious disease; (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of his care or treatment or the protection of the community; (i) for the purpose of preventing the unlawful entry of that person in Mauritius, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Mauritius or the taking of proceedings relating thereto; (j) upon reasonable suspicion of his being likely to commit breaches of the peace; or (k) in execution...
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