DƆNÙESÈ Data Center / Women’s Rights Laws by Country / Mauritius
Southern Africa · Country law profile
Mauritius: women’s rights and civic space laws
Mauritius ratified the Maputo Protocol in 2017 with reservations, including on Article 14(2)(c) where a pregnancy exceeds 14 weeks; it withdrew its reservation to Article 6(b) in April 2023. It is party to CEDAW (1984), the Optional Protocol to CEDAW (2008), ILO Convention 190 (2021), the ICCPR (1973), the Malabo Convention (2018) and the Budapest Convention. A 2012 amendment to the Criminal Code allows abortion on limited grounds, including rape or incest up to 14 weeks.
At a glance
| Capital | Port Louis |
|---|---|
| Legal system | Hybrid system combining French civil law (Code Napoleon tradition) and English common law, with final appeal to the Judicial Committee of the Privy Council |
| Official languages | No official language named in the Constitution; English is the language of the National Assembly, and French is also used (Mauritian Creole is widely spoken) |
Regional and international treaties
| Treaty | Status | Reservations or notes |
|---|---|---|
| Maputo Protocol | signed 29/01/2005 / ratified 16/06/2017 / deposited 23/06/2017 | Reservations to Articles 4(2)(k), 6(c), 9, 10(2)(d), 11(3), 12(2) and 14(2)(c) (abortion where pregnancy exceeds 14 weeks). Reservation to Article 6(b) withdrawn by notice of 10 April 2023. Mauritius declines Article 12(2) as its Constitution does not recognise positive discrimination. |
| CEDAW | acceded 09/07/1984 | Not bound by Article 29(1) (dispute settlement) |
| CEDAW Optional Protocol | signed 11/11/2001 / ratified 31/10/2008 | |
| African Charter on the Rights and Welfare of the Child | signed 07/11/1991 / ratified 14/02/1992 / deposited 27/02/1992 | |
| ILO C190 (violence and harassment) | ratified 01/07/2021 | |
| ILO C111 (discrimination in employment) | ratified 18/12/2002 | |
| ICCPR | acceded 12/12/1973 | None listed |
| Kampala Convention | No action recorded (as of 08/07/2024) | |
| AU Convention on Cyber Security (Malabo) | ratified or acceded 06/03/2018 / deposited 14/03/2018 |
Constitution
| Constitution | Constitution of Mauritius, 1968 (amended) |
|---|---|
| Quotas or parity | Mauritius states that its Constitution does not recognise positive discrimination (reservation to Maputo Protocol Article 12(2)) |
National laws
Gender-based and domestic violence
Protection from Domestic Violence Act 1997, as amended by the Protection from Domestic Violence (Amendment) Act 2016
Defines domestic violence to include physical assault, threats, harassment, sexual coercion and confinement, and the 2016 amendment broadened the acts covered and the powers of enforcement officers.
Gaps: CEDAW criticised the narrow definition of spouse and the omission of economic violence.
Source: gbvo.mric.mu
Rape and sexual offences
Criminal Code 1838, section 249
Criminalises rape and other sexual offences.
Gaps: Marital rape is not explicitly criminalised, and the Sexual Offences Bill (No. VI of 2007) that would address it was never enacted.
Source: kdimoris.mu
Sexual harassment
Equal Opportunities Act 2008
Prohibits discrimination on grounds including sex and addresses sexual harassment.
Gaps: CEDAW noted the Act lacks a comprehensive definition of discrimination and makes no provision for temporary special measures.
Source: humanrights.govmu.org
Sexual harassment
Workers’ Rights Act 2019
Prohibits violence and harassment at work, including sexual harassment, and discrimination in employment.
Source: gbvo.mric.mu
Child marriage and age of marriage
Children’s Act 2020
Defines a child as anyone under 18 without derogation and prohibits child marriage, with the Civil Code amended accordingly.
Source: ohchr.org
Family and personal status
Civil Code, sections 145, 150 and 254
Governs marriage and divorce, including maintenance.
Gaps: CEDAW raised the non-enforcement of the prohibition of polygamy and the denial of alimony to women found at fault in divorce.
Source: humanrights.govmu.org
Family and personal status
Constitution of Mauritius 1968, section 16(4)(c)
Prohibits discrimination generally.
Gaps: Section 16(4)(c) exempts personal status laws, including those on marriage and inheritance, from the non-discrimination guarantee.
Source: humanrights.govmu.org
Abortion and sexual and reproductive health
Criminal Code (Amendment) Act 2012, section 235A
Allows termination of pregnancy on limited legal grounds set out in section 235A of the Criminal Code.
Gaps: CEDAW noted the absence of clear regulations and protocols for implementation and high rates of unsafe abortion.
Source: humanrights.govmu.org
Political participation and quotas
Local Government Act 2011, as amended by the Local Government (Amendment) Act 2015
Introduced gender quotas for candidates in local elections.
Gaps: No equivalent quota applies to National Assembly elections.
Source: humanrights.govmu.org
Labour and maternity
Workers’ Rights Act 2019, as amended by the Economic and Financial Measures (Miscellaneous Provisions) Act 2026
From 1 January 2027 provides 26 weeks of maternity leave on full pay with an option of a further 26 weeks on half pay, and six weeks of paternity leave. One day of paid menstrual leave per month has applied since August 2026.
Source: knowledge.dlapiper.com
Trafficking
Combating of Trafficking in Persons Act 2009
Criminalises trafficking in persons and provides for victim protection.
Gaps: CEDAW noted very few reported cases and no convictions at the time of review. It also noted inadequate victim support.
Source: humanrights.govmu.org
Online violence and cybercrime
Cybersecurity and Cybercrime Act 2021
Addresses cyber violence, including online harassment.
Source: gbvo.mric.mu
Data protection
Data Protection Act 2017
In force since 15 January 2018, replaces the 2004 Act to align with the EU GDPR and is overseen by the Data Protection Office.
Source: dlapiperdataprotection.com
Older persons
Protection of Elderly Persons Act 2005
Provides protection for older persons against abuse and neglect.
Source: gbvo.mric.mu
Access to justice and legal aid
Children’s Court Act 2020
Established a dedicated Children’s Court, operational since January 2022.
Source: ohchr.org
Rape and sexual offences
Child Sex Offender Register Act 2020
Creates a register of persons convicted of sexual offences against children, proclaimed in January 2022.
Source: ohchr.org
Same-sex relations
Criminal Code 1838, section 250 (struck down by the Supreme Court in 2023)
In October 2023 the Supreme Court ruled that section 250, which criminalised sodomy, was unconstitutional and discriminatory as applied to consensual sex between men.
Source: hrw.org
Recent developments
- 10 April 2023. Mauritius withdraws its reservation to Article 6(b) of the Maputo Protocol
Reforms recommended
Reforms recommended by the African Commission, UN treaty bodies or national organisations, as reported in the sources below.
- Withdraw remaining reservations to the Maputo Protocol, notably Articles 6(c), 12(2) and 14(2)(c) (ACHPR advocacy framework, 2026)
- Recognise temporary special measures for women despite the stated constitutional bar on positive discrimination (ACHPR advocacy framework, 2026)
Being verified. RFLD is checking the laws on the following topics against official texts and will add them to this page: female genital mutilation, harmful practices, inheritance and succession, land and property, girls’ education, social protection, nationality, women and girls with disabilities, human rights defenders. Corrections and documents are welcome at programs@rflgd.org.
African Union treaties
Status of 29 African Union treaties as recorded in the official AU status lists published by the African Union Commission. The date of each list is shown: a ratification deposited after that date may not appear yet. 7 of the 13 human rights and governance treaties below are ratified.
Other AU treaties (16)
Sources (18)
- achpr.au.int · lifting reservations maputo protocol eng
- treaties.un.org · iv 8.en
- treaties.un.org · iv 8 b.en
- au.int · 36804 sl AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE…
- whatconvention.org · 120
- treaties.un.org · IV 4.en
- au.int · 36846 sl AFRICAN UNION CONVENTION FOR THE PROTECTION AND …
- au.int · 29560 sl AFRICAN UNION CONVENTION ON CYBER SECURITY AND P…
- au.int · 37077 sl PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEO…
- coe.int · parties observers
- hrw.org · mauritius
- gbvo.mric.mu · Gender-Based Violence Observatory: GBV in Mauritius
- kdimoris.mu · Legal Environment Assessment report on violence against women and children
- humanrights.govmu.org · CEDAW concluding observations 2018 (CEDAW/C/MUS/CO/8)
- ohchr.org · Committee on the Rights of the Child review of Mauritius, January 2023
- knowledge.dlapiper.com · DLA Piper GENIE, September 2026
- dlapiperdataprotection.com · DLA Piper Data Protection Laws of the World: Mauritius
- hrw.org · Human Rights Watch, October 2023
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Information verified as of October 2026. This page is for information and advocacy and is not legal advice. Laws change: check the official text before relying on it. Part of the DƆNÙESÈ Data Center of the Women Leaders Network for Development (RFLD). See also the Maputo Protocol Hub and the Maputo Barometer.