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Recognition of same-sex unions in Mauritius

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Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Mauritius does not recognise same-sex marriages or civil unions. The Civil Code of Mauritius does not provide for the recognition of same-sex unions.

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Background

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Same-sex sexual relations were previously prohibited in Mauritius under a colonial-era law.[1][2] This law stipulated a penalty of five years' imprisonment for consensual, private sexual relations between people of the same sex. Although it was generally not enforced, instances were occasionally reported to the police,[3] instilling fear in the LGBT community. It was struck down as unconstitutional by the Supreme Court of Mauritius in October 2023.[4] Laws prohibiting discrimination on the basis of sexual orientation,[5] and a more welcoming and accepting society relative to other African nations have cemented Mauritius as one of "Africa's most LGBT-friendly countries".[6] Nevertheless, LGBT people report frequent discrimination and abuse in everyday life, particularly from family members.[3] Media has reported that many LGBT people are forced into opposite-sex "corrective marriages".[7]

Restrictions

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Same-sex sexual activity legal
  Same-sex marriage
  Limited recognition (foreign residency rights)
  No recognition of same-sex couples
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books but not enforced
  Enforced death penalty

Marriage in Mauritius is governed by the Civil Code. The code does not expressly forbid same-sex marriages and does not contain a definition of marriage. However, it generally refers to married spouses as "man" and "woman".[8] The Civil Status Act 1981 (French: Loi sur l'état civil de 1981; Mauritian Creole: Lalwa lor leta sivil 1981) further stipulates the requirements and application process for couples wishing to marry in either a civil marriage ceremony or a religious ceremony.[9] Similarly, it does not contain an explicit definition of marriage and does not expressly ban same-sex marriages. Civil unions (French: union civile, pronounced [ynjɔ̃ sivil]; Mauritian Creole: linyon sivil), which would offer a subset of the rights and benefits of marriage, are likewise not recognised in Mauritius. As a result, same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including protection from domestic violence, adoption rights, tax benefits and inheritance rights, among others.[7] In addition, a same-sex couple composed of a Mauritian and a foreign national, whose marriage was performed abroad in a country where same-sex marriage is legal, will not benefit from the same rights as a married heterosexual couple. The foreign spouse will not be able to receive a residence permit, whereas they would have benefited from one if they were of the opposite sex.[7] In 2016, the Law Reform Commission announced it "was looking into" a case to legalise same-sex marriage.[10]

The Constitution of Mauritius does not explicitly ban same-sex marriages, but prohibits discrimination on a variety of grounds including race, creed or sex. The Supreme Court held in 2023 in Ah Seek v The State of Mauritius that the category "sex" includes sexual orientation.[11] However, the court did not rule whether this constitutional prohibition of discrimination guarantees same-sex couples the right to marry. In 2023, activists announced they would continue to campaign for social and legal changes for LGBT people, particularly with regard to "marriage equality and the recognition of transgender people".[12]

Religious performance

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The Catholic Church, the largest Christian denomination in Mauritius, opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans, a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples.[13]

See also

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References

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  1. ^ Kelleher, Patrick (3 December 2019). "Activists are moving to decriminalise homosexuality in Mauritius". PinkNews.
  2. ^ "Code pénal : La communauté LGBT obtient l'autorisation pour une plainte constitutionnelle". Le Mauricien (in French). 17 June 2020.
  3. ^ a b Blignaut, Charl (20 February 2017). "No paradise for Mauritian queers". City Press.
  4. ^ "Mauritius Supreme Court rules law targeting LGBT people is unconstitutional". Human Dignity Trust. Retrieved 4 October 2023.
  5. ^ ILGA World; Lucas Ramon Mendos; Kellyn Botha; Rafael Carrano Lelis; Enrique López de la Peña; Ilia Savelev; Daron Tan (14 December 2020). State-Sponsored Homophobia report (PDF) (Report) (2020 global legislation overview update ed.). Geneva: ILGA. Archived from the original (PDF) on 15 December 2020.
  6. ^ "What are the best and worst countries to be gay in Africa?". 1 March 2016. Archived from the original on 7 December 2018. Retrieved 29 July 2017.
  7. ^ a b c "Demandeurs d'asile LGBTI de l'ÎLE Maurice: Persecutions, atteintes à la dignité humaine et violations des droits des individus LGBTI à Maurice" (PDF). Avocats sans Frontières (in French). Retrieved 24 September 2024.
  8. ^ "Code Civil mauricien" (PDF). www.mcci.org (in French). Retrieved 24 September 2024.
  9. ^ "Civil Status Act 1981" (PDF). dha.govmu.org. Retrieved 24 September 2024.
  10. ^ "Afrobarometer report shows that homophobia is not African even if homophobia remains widespread in Africa". Young Queer Alliance. 3 March 2016.
  11. ^ "Constitution of Mauritius" (PDF). Association des Cours Constitutionnelles Francophones. Retrieved 24 September 2024.
  12. ^ "L'île Maurice commence à réparer un mal historique à l'égard des personnes LGBT". Civicus (in French). 24 October 2023.
  13. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
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