It is hereby recognised 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 (a)
the right of the individual to life, liberty, security of the person and the protection of
the law;
(b)
freedom of conscience, of expression, of assembly and association and freedom to
establish schools, and
(c)
the right of the individual to protection for the privacy of his home and other property
and from deprivation of property without compensation,
and the provisions of this Chapter shall have effect for the purpose of affording
protection to those rights and freedoms subject to such limitations of that protection
as are contained in those provisions, being limitations designed to ensure that the
enjoyment of those rights and freedoms by any individual does not prejudice the
rights and freedoms of others or the public interest.
4.
Protection of right to life
(1) No person shall be deprived of his life intentionally save in
execution of the sentence of a court in respect of a criminal offence of which he has
been convicted.
(2) A person shall, not be regarded as having been deprived of his life in
contravention of this section, if he dies as the result of the use, to such extent and in
such circumstances as are permitted by law, of such force as is reasonably justifiable
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5.
(a)
for the defence of any person from violence or for the defence of property;
(b)
in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;
(c)
for the purpose of suppressing a riot, insurrection or mutiny; or
(d)
in order to prevent the commission by that person of a criminal offence, or if
he dies as the result of a lawful act of war.
Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be
authorised by law (a)
in consequence of his unfitness to plead to a criminal charge or in execution
of the sentence or order of a court, whether in Mauritius or elsewhere, in
respect of a criminal offence of which he has been convicted;