E/C.12/MUS/CO/4
The Committee recommends that the State party enable asylum-seekers to exercise
their right to seek asylum and that it ensure protection against refoulement in line
with the widely recognized principle of non-refoulement. In this regard, the
Committee also recommends that the State party consider ratifying the 1951
Convention relating to the Status of Refugees and its 1967 Protocol.
11. The Committee is concerned about the high level of poverty among Mauritian
Creoles that largely prevents the enjoyment of human rights by those affected (art. 2, para.
2).
The Committee urges the State party to develop an effective strategy targeting poverty
specifically among Mauritian Creoles, with due respect to their cultural rights.
12. The Committee is concerned that children with disabilities, children affected and/or
infected by HIV/AIDS, and children from disadvantaged families often suffer under
de facto discrimination (art. 2, para. 2).
The Committee urges the State party to adopt the necessary measures to prevent,
diminish and eventually eliminate the conditions and attitudes which cause or
perpetuate de facto discrimination against those groups of children, in line with the
Committee’s general comment no. 20 (2009) on non-discrimination in economic, social
and cultural rights.
13. The Committee is concerned that, according to section 16, paragraph 4(b), of the
Constitution, the non-discrimination clause in section 16, paragraph 1, of the Constitution
does not apply to laws that make provisions with respect to non-nationals (art. 2).
In line with its general comment no. 20, the Committee recommends that the State
party undertake to ensure the applicability of the non-discrimination clause to nonnationals.
14. The Committee is concerned that section 16, paragraph 4(c), of the Constitution
exempts personal laws relating to adoption, marriage, divorce, burial or devolution of
property on death from the non-discrimination clause in section 16, paragraph 1, of the
Constitution, which particularly affects women (art. 3).
The Committee urges the State party to ensure that the ongoing constitutional reform
and all personal laws relating to adoption, marriage, divorce, burial or devolution of
property on death are governed by the principle of non-discrimination, and that it
eliminate all legislation that may result in discrimination against women.
15. The Committee is concerned about the persistence of stereotypes regarding the
division of responsibilities between women and men in the family, the community and in
public life, where men are still considered the main source of income for the family and
women are expected to be primarily responsible for household chores (art. 3).
The Committee recommends that the State party undertake measures to vigorously
address gender-based prejudices and to promote the equal sharing of responsibilities
in the family, community and public life. In this regard, the Committee draws the
attention of the State party to its general comment no. 16 (2005) on the equal right of
men and women to the enjoyment of all economic, social and cultural rights.
16. The Committee is concerned at the absence of a cross-cutting national minimum
wage (art. 7).
The Committee encourages the State party to establish a cross-cutting national
minimum wage, and ensure that it enables workers and their families to enjoy an
adequate standard of living and that the minimum wage standard is thoroughly
enforced. The Committee further encourages the State party to establish an effective
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