E/C.12/MUS/CO/4
21. The Committee is concerned that, according to the Employment Rights Act of 2008
section 30, women with less than 12 months’ continuous employment with the same
employer are not entitled to paid maternity leave. It is further concerned that, according to
section 31 of the same Act, men are entitled to paid paternity leave only if they have
contracted civil or religious marriage to the mother of their child (art. 10).
The Committee recommends that the State party revise the Employment Rights Act,
ensuring that all working mothers be accorded paid maternity leave, and that all
fathers exercising parental responsibilities are entitled to paid paternity leave,
regardless of their marital status.
22. The Committee is concerned at the persistent domestic violence against women in
the State party, and that domestic violence is not specifically categorized as a criminal
offence and can only be prosecuted as “assault”. The Committee is particularly concerned
that marital rape is not criminalized (art. 10).
The Committee recommends that the State party combat violence against women by
making domestic violence a specific criminal offence, effectively implementing the
Protection from Domestic Violence Act of 1997 and evaluating the National Action
Plan to Combat Domestic Violence launched in 2007. The Committee also
recommends that the State party ensure victims’ access to justice, by encouraging the
reporting of crimes and ensuring that perpetrators are prosecuted and punished. The
Committee calls upon the State party to ensure that marital rape constitutes a criminal
offence. It further requests the State party to raise public awareness, through the
media and education programmes on violence against women.
23. The Committee is concerned at the persistent problem with cases of child abuse and
neglect in the State party (art. 10).
The Committee recommends that the State party take the necessary measures to
combat child abuse and neglect, including explicitly prohibiting corporal punishment
at home and in alternative care settings and as a disciplinary measure in the penal
system.
24. The Committee is concerned at cases of sexual exploitation of children, including
reports that some schoolgirls voluntarily work in conjunction with prostitution rings, while
others are forced into prostitution (art. 10).
The Committee recommends that the State party take all the necessary measures,
including of a legal nature, to combat the sexual exploitation of children. It further
recommends that the State party ratify the Optional Protocol to the Convention on the
Rights of the Child on the sale of children, child prostitution and child pornography,
signed by the State party in 2001, and amend its laws to be fully compliant with this
Protocol.
25. The Committee is concerned that abortion is criminalized in all settings, including
when the mother’s life is at risk, and when the pregnancy is the result of rape. It is further
concerned by the failure of the State party to provide exact information on sexual and
reproductive health services and education (arts. 10 and 12).
The Committee recommends that the State party amend section 235 of the Criminal
Code in order to allow for abortion in cases of therapeutic abortion and when
pregnancy is result of rape or incest. It further recommends that the State party make
sexual and reproductive health services widely available, and mainstream sexual and
reproductive health education in schools.
26. The Committee is concerned that 10 per cent of Mauritians are estimated to be living
in poverty, and, in particular, that about 40 per cent of the population on Rodrigues Island
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