Section 216:
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
216. Civil proceedings – Medical examination – Right of person to protection of body – Constitution Chapter II—The applicant was injured in a road
accident, and agreed to undergo a medical examination to prove his injuries,
on the condition that the examination occurred in the presence of his treating
doctor. The respondents alleged that this would lack objectivity.
Article 11 of the Code Civil Mauricien provides that on ne peut renoncer à
la jouissance de ses droits civils et de ses libertés fondamentales. Chapter II
of the Constitution which deals with the protection of fundamental rights
and freedoms of the individual inter alia provides for the right of the individual to protection for the privacy of his home and other property (including his
body) and also for the protection of his right to personal liberty. There is no
case where the protection of fundamental rights and freedoms of the individual can be more sacrosanct than where the protection relates to the body of
the individual.
In a civil case, it will be inappropriate to compel a person to submit himself to a medical examination, in any circumstances which do not meet his
will. Payet v Seagull Insurance Co Ltd (1990).