E/C.12/MUS/CO/5

Mauritius (CESCR 05-04-2019)

The Committee considered the fifth periodic report of Mauritius (E/C.12/MUS/5) at its 14th and 15th meetings (see E/C.12/2019/SR.14 and 15), held on 26 and 27 February 2019, and adopted the present concluding observations at its 30th meeting, held on 8 March 2019.

Concluding observations

C. Principal subjects of concern and recommendations

Lesbian, gay, bisexual, transgender and intersex persons

17. The Committee is concerned that same-sex relations are still criminalized under section 250 of the Criminal Code, a legacy of the colonial era. It is also concerned about the limited protection of lesbian, gay, bisexual, transgender and intersex persons provided in anti-discrimination provisions, since gender identity is not included as a prohibited ground. It is further concerned about the absence of any legal recognition of same-sex couples, which may restrict the protection of same-sex partners upon separation, or following the illness or death of a partner (arts. 2 (2) and 10).
18. The Committee urges the State party to make the necessary legislative changes with a view to repealing section 250 of the Criminal Code, fully protecting lesbian, gay, bisexual, transgender and intersex persons from discrimination based on sexual orientation and gender identity, and providing for legal recognition of same-sex unions or partnerships.