Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 12 March 1968
Relevant Provisions
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Chapter II - Protection of fundamental rights and freedoms of the individual
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Art.3 - Fundamental rights and freedoms of the individual
It is hereby recognized and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms:
(b) freedom of conscience, of expression, of assembly and association and freedom to establish schools.
(…)
Art.11 - Protection of freedom of conscience
(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section, that freedom includes (…) freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in (…) teaching, (…).
(2) Except with his own consent (…), no person attending any place of education (…) shall be required to receive religious instruction (…) if that instruction (…) relates to a religion that he does not profess.
(3) No religious community shall be prevented from making provision for the giving (…) of religious instruction to persons of that community or denomination in the course of any education provided by that community or denomination.
(…)
Art.14 - Protection of freedom to establish schools
(1) No religious denomination and no religious, social, ethnic or cultural association or group shall be prevented from establishing and maintaining schools at its own expense.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that the law in question makes provision -
(a) In the interests of defense, public safety, public order, public morality or public health; or
(b) For regulating such schools in the interests of persons receiving instruction in them, except in so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society.
(3) No person shall be prevented from sending to any such school a child of whom that person is a parent or guardian by reason only that the school is not a school established or maintained by the Government.
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