Abstract
This article critically assesses the Children's Bill that has been presented as a law that will revolutionise the sphere of children's rights in Mauritius. It is set to replace the Child Protection Act which was way below the required international standard for children's rights. Essential aspects of the Bill are reviewed by using as barometers the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. Some of the aspects explored are the principle of the best interests of the child, the protection of the child, the child as a juvenile offender and the Children's Court. The article also compares the Bill to the previous Child Protection Act to evaluate the efficacy of the changes brought about by the Bill.
Highlights
Children’s rights have always received the necessary importance and attention in Mauritius
It is considered a significant upgrade to the existing Child Protection Act of 1994 (CPA), as it is in line with international standards on children’s rights such as the African Charter on the Rights and Welfare of the Child (African Children’s Charter) and the United Nations (UN) Convention on the Rights of the Child (CRC)
Far there has been no minimum age of criminal responsibility under Mauritian law, with the result that a child as young as nine or ten years could be criminally convicted as required by article 17(4) of the African Children’s Charter.[80]
Summary
Children’s rights have always received the necessary importance and attention in Mauritius. As the ruling party has won the general elections between 2014 and 2019 and remain in power, the Children’s Act will very soon materialise and gain the force of law.[4] It is considered a significant upgrade to the existing Child Protection Act of 1994 (CPA), as it is in line with international standards on children’s rights such as the African Charter on the Rights and Welfare of the Child (African Children’s Charter) and the United Nations (UN) Convention on the Rights of the Child (CRC) Against this background this article seeks to critically assess certain aspects of the Children’s Bill, namely, (i) the best interests and protection of the child; (ii) child offenders and the juvenile justice system; and (iii) the Children’s Court. The abovementioned aspects of the Children’s Bill are analysed critically, highlighting the ways in which it may be considered a significant upgrade to the current legal position
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