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LGBT rights in Mauritius. Lesbian, gay, bisexual, and transgender (LGBT) rights in Mauritius have expanded in the 21st century, although LGBT Mauritians may still face legal difficulties not experienced by non- LGBTQ residents. Prior to 2023, sodomy (opposite-sex and same-sex anal and oral sex) was criminalized by Section 250 of the Criminal Code.
The modern system of law in Mauritius is an amalgamation of French civil law and common law, while the civil and criminal proceedings are modelled based on British practice. The civil aspects governing the Mauritian Legal System are namely; contract law, société, civil rights, property law and the civil procedure. [ 3 ]
The Supreme Court of Mauritius is the highest court of Mauritius and the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration [1] and has a permanent seat in Port Louis. There is a right of appeal from the Supreme ...
e. The Constitution of the Republic of Mauritius (French: La Constitution de Maurice) is the supreme law of Mauritius, according to Chapter I, Section 2 of the constitution, if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. The current Constitution was adopted in 1968.
Previously, Section 250(1) of the Mauritius Criminal Code of 1838 held that "Any person who is guilty of the crime of sodomy ... shall be liable to penal servitude for a term not exceeding 5 years." [81] Under the Supreme Court's 2023 judgement, the section should "be read so as to exclude such consensual acts from [its] ambit." [82]
The constitution of Mauritius is written in English, while some laws, such as the Civil and Criminal codes, are in French. The Mauritian currency features the Latin , Tamil and Devanagari scripts. The Mauritian population is multilingual ; while Mauritian Creole is the mother tongue of most Mauritians, most people are also fluent in English and ...
Section 12(1) of the Constitution of Mauritius provides for a presumption of freedom of speech. Section 287 and 287A of the Criminal Code allows a court to ban newspapers for sedition. Section 299 of the Criminal Code makes "publishing false news" a crime. The Newspaper and Periodicals Act was enacted in 1837.
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for ...