The National Human Rights Commission in Mauritius earlier this year urged the government to legally recognize same-sex marriages, stating that the refusal to recognize such unions is discriminatory and lacks justification under domestic law.
The Commission’s recommendation comes after two same-sex couples filed complaints alleging that the country’s civil status office’s refusal to register their marriage is prejudicial to them. In their complaints and in public testimony before the Commission, same-sex couples and lesbian, gay, bisexual, and transgender (LGBT) individuals testified about the burdens they face with regard to taxation, inheritance, immigration, medical decision-making, family formation, and social acceptance in the absence of partnership recognition.
The Commission agreed that any exclusion of same-sex couples from marriage could amount to discrimination and recommended the formation of a government committee to eliminate discrimination in partnership recognition and marriage.
The Commission’s report builds on other recent domestic legal developments. In 2023, the Supreme Court of Mauritius struck down the country’s ban on “sodomy,” which criminalized consensual same-sex activity between men, finding that the constitutional prohibition of sex discrimination protects those facing discrimination based on sexual orientation. The country’s Equal Opportunities Act, adopted in 2008, additionally prohibits discrimination based on sexual orientation in employment, housing, education, and other domains. Moreover, the Mauritian Civil Code does not expressly prohibit same-sex marriage.
A growing number of countries have recognized the right of same-sex couples to legal recognition of their relationships and families. The European Court of Human Rights has repeatedly said that refusing to extend recognition to same-sex partnerships violates the right to respect for private and family life, while the Inter-American Court of Human Rights has said that refusing to recognize same-sex couples violates a range of rights and that extending marriage equality is the most straightforward way to ensure those rights are protected.
The Commission’s recommendations are a positive step toward the eradication of discrimination based on sexual orientation and gender identity in Mauritius. Lawmakers need to now lead the way in crafting a system that gives greater stability, rights, and recognition to all couples, regardless of their gender.
