Section 16: Protection from discrimination

16. Protection from discrimination (1) Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect. (2) Subject to subsections (6), (7) and (8), no person shall be treated in a discriminatory manner by any person acting in the performance of any public function conferred by any law or otherwise in the performance of the functions of any public office or any public authority. CON – 17 [Issue 9] The Constitution (3) In this section— “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description. (4) Subsection (1) shall not apply to any law so far as that law makes provision— (a) for the appropriation of revenues or other funds of Mauritius; (aa) for a minimum number of candidates for election to local authorities to be of a particular sex, with a view to ensuring adequate representation of each sex on a local authority; (ab) for a minimum number of candidates for election to the Rodrigues Regional Assembly to be of a particular sex, with a view to ensuring adequate representation of each sex in the Rodrigues Regional Assembly; (b) with respect to persons who are not citizens of Mauritius; or (c) for the application, in the case of persons of any such description as is mentioned in subsection (3) (or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters that is the personal law applicable to persons of that description. (5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes. (6) Subsection (2) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or (5). (7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is authorised by section 9 (2), 11 (5), 12 (2), 13 (2), 14 (2) or 15 (3), as the case may be. [Issue 9] CON – 18 Revised Laws of Mauritius (8) Subsection (2) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any Court that is vested in any person by or under this Constitution or any other law. [S. 16 amended by Act 23 of 1995; s. 2 o s and freedoms guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is authorised by section 9 (2), 11 (5), 12 (2), 13 (2), 14 (2) or 15 (3), as the case may be. [Issue 9] CON – 18 Revised Laws of Mauritius (8) Subsection (2) shall not affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any Court that is vested in any person by or under this Constitution or any other law. [S. 16 amended by Act 23 of 1995; s. 2 of Act 35 of 2011 w.e.f. 12 December 2011; s. 2 of Act 30 of 2016 w.e.f. 17 December 2016.]