Economic, Social, and Cultural Rights
摘要
Mauritius lacks constitutionally protected socio-economic rights, including the right to education and health, housing, and workers’ rights. The Constitution, inspired by the European Convention on Human Rights, does not protect these rights. Pro-independence political parties like the Mauritian Labour Party and the Independent Forward Bloc proposed including these rights in the Constitution, but colonial drafters rejected it. Professor Stanley Alexander de Smith suggested justiciable sets of fundamental rights based on the European Convention on Human Rights and fundamental freedoms. Against this backdrop, this chapter discusses the concept of welfare state as applied in Mauritius and the absence of socio-economic rights from the legal and normative framework pertaining to human rights in Mauritius. It critically engages with the relevance of the African Charter pertaining to socio-economic rights of Mauritians.