Rapport Annuel de L'ombudsperson 2019/2020
Rapport Annuel de L'ombudsperson 2019/2020
Rapport Annuel de L'ombudsperson 2019/2020
Annual Report
2019 - 2020
ACKNOWLEDGEMENTS
The Ombudsperson for Children presents her special thanks to Mr Pierre Edley Sylvin
Maurer, Manager of the NGO Safire, and Mr Stephano Ross, Spokesperson of squatters
living in the region of Jean Blaize, Pointe aux Sables, for their invaluable support to her
team during the field investigation on squatter children. She would also like to deeply
thank Mr Joseph L. Pierre Louis, also known as Ricall, Community Leader at Résidence
Anoska, for his remarkable commitment in mobilising his community members to
participate in a networking forum organised by the Ombudsperson for Children’s Office
regarding the protection of children of their locality from all forms of abuse.
Office
TABLE OF CONTENTS
ACKNOWLEDGEMENTS.................................................................................................................... 1
1.1. INTRODUCTION.................................................................................................................. 21
1.2. PROMOTING CHILDREN’S RIGHTS DURING THE COVID-19 CONFINEMENT PERIOD .............. 25
1.3.1. MAINTAINING THE CONTINUITY OF EDUCATION AND STUDENT LEARNING DURING CONFINEMENT ................. 45
1.3.2. ONGOING ESSENTIAL SERVICES OF THE CHILD DEVELOPMENT UNIT ........................................................ 45
1.3.3. HEALTH CARE AND ESSENTIAL SERVICES FOR ALL .................................................................................. 46
1.3.4. THE BRIGADE POUR LA PROTECTION DES MINEURS ASSISTING VULNERABLE CHILDREN AND YOUNG PEOPLE .... 46
1.3.5. A MOBILE APP TO RAISE THE AWARENESS OF THE PUBLIC ON A SAFER MAURITIUS ...................................... 47
1.3.6. FREE ONLINE HOLISTIC COUNSELLING FORUM ................................................................................... 47
1.3.7. THE MEDIA AND THEIR INFORMATIVE ROLE DURING THE PANDEMIC ........................................................ 48
1.4.1. RECOMMENDATIONS FROM THE COMMITTEE ON THE RIGHTS OF THE CHILD ............................................ 48
1.4.2. THE OC’S RECOMMENDATIONS REGARDING PROTECTION OF CHILDREN’S RIGHTS IN FUTURE LOCKDOWN
SITUATIONS ............................................................................................................................................. 50
2.1. INTRODUCTION.................................................................................................................. 57
2.5.1. SCOPING THE EXTENT OF TEENAGE PREGNANCY AND ADOLESCENT PARENTHOOD LOCALLY ........................... 77
2.5.2. RIGOROUS LOCAL RESEARCH IS WARRANTED ...................................................................................... 77
2.5.3. MAKING COMPREHENSIVE SEXUALITY EDUCATION (CSE) COMPULSORY IN THE COUNTRY ........................... 77
2.5.4. IMPROVING THE YOUTH-FRIENDLINESS OF SEXUAL AND REPRODUCTIVE HEALTH SERVICES ............................ 78
2.5.5. ADDRESSING RISK FACTORS OF TEENAGE PREGNANCY ........................................................................... 79
2.5.6. OTHER RELEVANT RECOMMENDATIONS EXTRACTED FROM THE OCO’S ANNUAL REPORT 2017/2018.......... 80
4.4. A NETWORKING FORUM BETWEEN COMMUNITY MEMBERS AND CHILD PROFESSIONALS 114
4.5.1. 08 JULY 2020: MEETING WITH DIFFERENT NGOS ON THE ISSUE OF CHILDREN LIVING IN EXTREME POVERTY 117
4.5.2. 21 JULY 2020: FIRST PREPARATORY MEETING WITH CHILD PROFESSIONALS WORKING IN RÉSIDENCE ANOSKA.....
............................................................................................................................................... 117
4.5.3. 23 JULY 2020: MEETING WITH STAFF AND STUDENTS OF MIDLANDS GOVERNMENT SCHOOL ................... 118
4.5.4. 28 JULY 2020: INTERACTIVE MEETING WITH INHABITANTS OF RÉSIDENCE ANOSKA ................................. 119
4.5.5. 31 JULY 2020: FIELD VISIT AT RÉSIDENCE ANOSKA ........................................................................... 122
4.5.6. SELECTION OF COMMUNITY MEMBERS AND CHILD PROFESSIONALS FOR THE NETWORKING FORUM .............. 124
4.5.7. 04 AUGUST 2020: SECOND PREPARATORY MEETING WITH CHILD PROFESSIONALS PARTICIPATING IN THE 2-DAY
NETWORKING FORUM .............................................................................................................................. 125
4.5.8. 10 AUGUST 2020: FINAL PREPARATORY MEETING WITH CHILD PROFESSIONALS PARTICIPATING IN THE 2-DAY
NETWORKING FORUM .............................................................................................................................. 125
4.5.9. 10 AUGUST 2020: PREPARATION SESSION WITH COMMUNITY MEMBERS OF RÉSIDENCE ANOSKA .............. 127
4.5.10. FINALISATION OF THE TIMETABLE FOR THE 2-DAY NETWORKING FORUM ............................................ 128
4.6. THE 2-DAY NETWORKING FORUM ON 12 AND 13 AUGUST 2020 ....................................... 129
5.1.1. RATIONALE FOR AN OWN-MOTION INVESTIGATION BY THE OC ON THE RIGHT TO ADEQUATE HOUSING ........ 165
5.1.2. THE IMPORTANCE OF THE RIGHT OF CHILDREN TO ADEQUATE HOUSING ................................................. 166
5.1.3. HOMELESSNESS AND SQUATTING: MULTI-FACETED PHENOMENA ......................................................... 168
5.3.1. CLARIFYING THE LOCAL DEFINITION OF ‘HOMELESSNESS’ AND SETTING UP OF A ‘SPECIALISED HOMELESSNESS UNIT’
............................................................................................................................................... 187
5.3.2. SUPPORTING HOMELESS FAMILIES TO ACCESS ADEQUATE HOUSING ....................................................... 187
5.3.3. TRANSPARENCY AND ACCOUNTABILITY IN SOLIDARITY ACTIONS FOR HOMELESS FAMILIES ........................... 188
5.3.4. PREVENTING THE RE-EMERGENCE OF SQUATTERS .............................................................................. 188
5.3.5. THE NEED FOR PERSONALISED SOCIAL SUPPORT PLANS FOR HOMELESS FAMILIES ...................................... 189
5.3.6. PARENTAL EMPOWERMENT WITHIN THE CONTEXT OF HOMELESSNESS ................................................... 190
5.3.7. KINSHIP CARE FOR HOMELESS CHILDREN .......................................................................................... 190
5.3.8. CONTINUOUS PSYCHOLOGICAL THERAPIES AND SUPPORT TO HOMELESS CHILDREN AND THEIR FAMILIES ........ 191
5.3.9. BUILDING THE EDUCATIONAL RESILIENCE OF HOMELESS CHILDREN ........................................................ 191
7.5 EXAMPLES OF CASES OVER THE REPORTING PERIOD 2019-2020 ........................................... 364
8.2. SOME GOOD INTERNATIONAL PRACTICES IN ENABLING THE RIGHTS OF CHILDREN ........... 440
8.2.1. TEXT4BABY: EDUCATING WOMEN AND EXPECTANT MOTHERS ABOUT HEALTH ISSUES THROUGH TEXT MESSAGES .
............................................................................................................................................... 440
8.2.2. THE STARK COUNTY FAMILY COURT IN OHIO: A TRAUMA-INFORMED FAMILY AND JUVENILE COURT .......... 441
8.2.3. CHILD FRIENDLY CITIES INITIATIVE (CFCI) ....................................................................................... 443
8.2.4. ‘FUJI KINDERGARTEN’: HOW ARCHITECTURE IS CAPABLE OF CHANGING THE LIVES OF CHILDREN .................. 447
8.3. SOME GOOD LOCAL PRACTICES THAT PROMOTE CHILDREN’S RIGHTS ............................... 449
APPENDIX D: OUTLINE OF THREE LOCAL ORGANISATIONS WORKING IN THE AREA OF SEXUAL AND REPRODUCTIVE HEALTH OF
YOUNG PEOPLE ...................................................................................................................................... 487
APPENDIX E: UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (ARTICLES 1-42 ONLY) ....................... 490
APPENDIX F: GROUND RULES FOR THE PAIRING ACTIVITIES OF THE NETWORKING FORUM ...................................... 506
APPENDIX G: SONGS INTERPRETED AT THE NETWORKING FORUM ..................................................................... 507
APPENDIX H: PRESS ARTICLES ON THE NETWORKING FORUM ........................................................................... 509
APPENDIX I: OVERVIEW OF DIFFERENT POTENTIAL NEGATIVE OUTCOMES OF BAD HOUSING ON CHILDREN ’S PHYSICAL
HEALTH, MENTAL HEALTH, EDUCATION AND OPPORTUNITIES IN ADULTHOOD (SHELTER, 2006) .............................. 513
APPENDIX J: LIST OF PRESCHOOLS WHICH PARTICIPATED IN THE RECREATIONAL DAY ORGANISED BY THE ECCEA IN
COLLABORATION WITH THE OCO IN THE CONTEXT OF THE UNIVERSAL CHILDREN’S DAY 2019 ............................... 515
LIST OF TABLES
TABLE 1. CASES HANDLED BY THE OCO FROM 01 JULY 2019 TO 31 AUGUST 2020............................................... 361
TABLE 2. CATEGORIES OF COMPLAINTS REGISTERED AT THE OCO FROM 01 JULY 2019 TO 31 AUGUST 2020 ............. 362
TABLE 3. PROFILE OF COMPLAINANTS RECORDED FROM 01 JULY 2019 TO 31 AUGUST 2020 .................................. 363
TABLE 4. GENDER DISTRIBUTION OF COMPLAINANTS FOR THE PERIOD FROM 01 JULY 2019 TO 31 AUGUST 2020........ 363
GENERAL
INTRODUCTION
As the Ombudsperson for Children, I am mandated by section 11 of the Ombudsperson for Children
Act 2003 (see Appendix A) to submit to the President of the Republic of Mauritius a report on activities
that I carried out during the preceding year, which he then shall lay before the National Assembly. From
the outset, I consider it is important to mention that, every year, the process leading to the publication
of the Ombudsperson for Children’s Annual Report is a lengthy and challenging one. Prior to report-
writing, investigations are carried out on a daily basis (see chapter 7). Activities promoting the rights of
children are organised regularly, and several meetings by and outside the Ombudsperson for Children’s
Office (OCO) are attended by myself and Investigators (refer to chapter 6).
In order for the report to capture our hard work in favour of children of the Republic of Mauritius, my
staff and I have to be trained, disciplined and determined. We neither have in our midst a professional
photographer nor an editor, unlike other offices who are involved in similar activities internationally. I
have to put the publication of this report into context so that all those who are really concerned by the
welfare of our children make an effort to read this document and, consider and implement the
recommendations made.
I can assure you that all recommendations proposed in our reports are not made overnight. They are
well thought out and formulated after in-depth investigations and based on international research
work. The field work carried out by my team and I help us better appraise the social realities that
children face. In addition, we carry out desk research during each of our enquiries as it is sine qua non
in the formulation of relevant and evidence-based recommendations. I believe that these
recommendations have the potential to help State and non-State actors working in the field of
children’s rights to improve the quality of their services.
This is my fifth report as Ombudsperson for Children and, once again, I feel that I am fulfilling an
important duty – the promotion and protection of the rights of children of the Republic of Mauritius
bearing in mind the United Nations Convention on the Rights of the Child (UNCRC). Similar to all
children around the globe, children of our Republic are equal rights holders and all children are a
vulnerable population. However, one must admit that some children are more vulnerable than others.
Most of the time, these children cannot rely on social safety networks to face the difficult situations
they find themselves into on a regular basis. As advanced by the World Bank (as cited in SOS Children’s
Villages International, 2016)1,
Child vulnerability is a downward spiral where each shock leads to a new level of vulnerability, and
each new level opens up a host of new risks. In other words, the probability of a child experiencing
a negative outcome rises with each shock.
Across all my Annual Reports since 2016, I have written about several individual and systemic
investigations in relation to children’s rights, and made recommendations related to various vulnerable
groups of children including:
• children in conflict with the law;
• children living in alternative care;
• children with disabilities;
• children living in extreme poverty;
• children bullied in educational settings;
• children victims of all forms of abuse, especially sexual abuse;
• children with mental health difficulties;
• children who are married or living in cohabitation;
• pregnant teenagers and adolescent mothers;
• infants;
• children of incarcerated mothers;
• children living in poor housing conditions; and
• children living in the Islands of Rodrigues and Agalega.
I would like to invite all child rights activists to visit the OCO’s website (oco.govmu.org) to better
understand the situation of these children within our local context.
A main specificity of the present Annual Report 2019-2020 is that the issues discussed in the chapters
1 to 5 draw from recent happenings in the domain of children’s rights locally. In chapter 1, I firstly
1
SOS Children’s Villages International (2016). Child at risk. The most vulnerable children: Who they are and why they are at
risk. Retrieved on 10 September 2020 from www.sos-childrensvillages.org/getmedia/dcdbf23b-76ee-4c03-95a8-
474a77f39024/Child-at-Risk-Report-2016-ECOM-FINAL.pdf
explain how the OCO made considerable efforts to uphold children’s rights during the national
confinement period due to the COVID-19 pandemic. The Council of Europe rightly pointed out,
“children may be confined, but their rights are not!” Working from home was a challenge for me and
my team. Together with other staff members, I had to be on alert throughout the lockdown phase for
any query or complaint regarding potential or actual violations of children’s rights from any possible
source. I invested a lot of my time interacting with parents on the phone on different issues related to
the well-being of their children. The confinement period also gave me a golden opportunity to listen
and relate to children via social media. These interactions inspired me to write two articles related to
children’s rights in the context of COVID-19, which were published in the press (refer to Appendices B
and C). The lockdown was not an easy time for children living in residential care institutions (RCIs), and
rehabilitation youth centres (RYCs). However, I must admit that I was pleasantly surprised on how most
of them adapted to this novel situation. I was also impressed by how the staff of the RCIs and RYCs
navigated the new challenges they faced.
Earlier this year, I had planned to hold an important workshop on teenage pregnancy, but could not do
so due to the lockdown. Instead, I held video calls with some adolescent girls who were affected by this
issue. In chapter 2, I present three true stories on teenage pregnancy and adolescent motherhood. I
also outline potential barriers in the prevention of teenage pregnancy, and possible strategies that can
reduce its incidence or mitigate its adverse consequences on young people and their families. In order
to do so, I carried out desk research and in-depth conversations with three organisations actively
involved in the field of adolescent sexual and reproductive health: Mauritius Family Planning and
Welfare Association, Mouvement d’Aide à la Maternité and Action Familiale. I also bring attention to a
rights-based framework of sexuality education, known as Comprehensive Sexuality Education, which
could be adapted and applied to our education system for students aged 5 to 18 years, including those
with special educational needs and disabilities.
Next, I focus on an under-reported and under-studied phenomenon that affect many children within
conflictual family situations, namely parental alienation (PA). Many complaints involving the issue of
PA were registered at the OCO over the reporting year 2019-2020. In chapter 3, I explain this concept
in more detail and analyse the impact of PA on the fundamental rights of children as enshrined in the
UNCRC. I also attempt to scope the potential extent of PA within the Republic of Mauritius and propose
some recommendations regarding this matter.
In the course of this year, cases of child abuse in Résidence Anoska stirred debates on the local
mechanisms in place to respond to children in distress on the field. In chapter 4, I report on an initiative
that the OCO carried out with the community members of Résidence Anoska and child professionals
involved in projects within this locality to improve their response in the protection of children. The core
activity was a 2-day networking forum with the aforementioned two stakeholder groups entitled,
“Strengthening the safety net to protect children of Résidence Anoska from all forms of abuse through
the dynamic partnership between community members and child professionals”. I describe in detail
the preparatory actions that preceded this forum and the activities that comprised the forum itself. An
important aspect of this forum was to stimulate the participants towards the objectives of this event,
and mobilise and motivate both community members and child professionals to improve their
interventions in the best interests of the children of this particular community.
Following the 2-day networking forum, I decided to carry out an in-depth investigation on the situation
of children living in Résidence Anoska, along with other activities promoting children’s rights in this
locality. The full support of the community leader and other members of this area greatly facilitated
the task of the OCO. By next year, I intend to publish a Special Report on children of Résidence Anoska.
I think that this report will enable all stakeholders to not only assess the circumstances of the children
of this locality, but also plan their interventions in a more scientific way based on qualitative and
quantitative data.
Last but not the least, I report on a vulnerable group of children whose rights are at risk in the context
of homelessness (refer to chapter 5). Every child has a right to an adequate standard of living, which is
enshrined in several human rights documents including the UNCRC. A main component of this right is
to ensure that the child is living in an accommodation suitable to his/her safety and well-being.
Children’s right to adequate housing does not imply that the State has to build houses for the entire
population. The onus on the State is mainly to take appropriate measures to prevent homelessness,
address discrimination, focus on the most vulnerable and marginalised groups of people, ensure
security of tenure to all, and guarantee that everyone’s housing is adequate, by involving all the
necessary stakeholders from the public and private sectors. In my endeavour to protect the right of
children to adequate housing, I have been engaging into meaningful dialogues with the Ministry of
Housing and Land Use Planning, non-governmental organisations and members of the civil society.
Chapter 5 provides an overview of activities and recommendations in the context of an own-motion
investigation by the OCO on homeless children’s right to adequate housing.
As you may know, the UNCRC is the most widely ratified international human rights treaty, and
noteworthy progress in the children’s agenda has been achieved in the past thirty years. In the current
report, I felt it was worth highlighting some interesting international and local good practices that are
contributing to the implementation of the UNCRC (refer to chapter 8). However, important challenges
remain, particularly in relation to children in disadvantaged and vulnerable circumstances and children
with disabilities. To conclude, I hope that this report will help in driving changes in the lives of the most
vulnerable groups of children of the Republic of Mauritius. In any society, change starts with reflection.
I wish that this document enables child rights activists and policy decision makers to reflect and act
upon the analyses and recommendations made.
CHAPTER 1
Protecting the Rights of
Children in the Context of
the COVID-19 Confinement
Period
1.1. Introduction
1.1.1. Background
The outbreak of the coronavirus disease (COVID-19) is still marking all of us as the pandemic continues
to spread and affect millions of people around the world. Its impact on our social and economic realities
is palpable. While the international community is striving to find a vaccine against this virus, a global
narrative on ‘learning to live alongside COVID-19’ is gradually emerging. Anyone can contract the
COVID-19, including children. According to the World Health Organisation (WHO, 2020a)2, “COVID-19
is often more severe in people who are older than 60 years or who have health conditions like lung or
heart disease, diabetes or conditions that affect their immune system”. Nonetheless, it is interesting to
note that a systematic review of 131 studies, involving samples of children who had COVID-19 across
26 countries, found that most of the child patients displayed mainly mild symptoms such as fever and
cough, or no symptoms at all (Hoang et al., 2020)3.
The impact of the pandemic on children’s education, nutrition, safety and mental health cannot be
discounted. As a rising number of countries enter lockdown situations to contain the spread of COVID-
19, the probabilities of domestic violence and abuse against children are likely to intensify. Stress
related to the pandemic among parents or caregivers, such as uncertainties regarding their income or
jobs, can increase their likelihood to respond with aggression or violence towards the demands and
need for attention of their children (Abramson, 2020)4. It also becomes more challenging for these
adults to tap into their support networks, such as child care, wider family relatives or community
groups, to assist in catering for the socio-emotional needs of their children. This adds to their anxieties
and stress, and it can be more acutely so for vulnerable families who do not have access to technology.
Besides, being confined and in close proximity with perpetrator(s) make it harder for children, victims
or survivors to flee a violent situation, seek help from another person or contact the authorities. As
2
World Health Organisation (2020a). COVID-19: vulnerable and high-risk groups. Retrieved on 25 August 2020 from
www.who.int/westernpacific/emergencies/covid-19/information/high-risk-groups
3
Hoang, A., Chorath, K., Moreira, A., Evans, M., Burmeister-Morton, F. & Burmeister, F. et al. (2020). COVID-19 in 7780
pediatric patients: A systematic review. EClinical Medicine, 24, 1-19.
4
Abramson, A. (2020). How COVID-19 may increase domestic violence and child abuse. US: American Psychological
Association. Retrieved on 25 August 2020 from www.apa.org/topics/covid-19/domestic-violence-child-abuse
well-summarised by the Global status report on preventing violence against children (WHO, 2020b,
p.v)5,
The COVID-19 pandemic and the physical distancing measures imposed in response to it have
greatly increased the risk of intra-family violence and online abuse. School closures have impacted
more than 1.5 billion children and youth. Movement restrictions, loss of income, isolation, and
overcrowding have heightened levels of stress and anxiety in parents, caregivers and children, and
cut families and individuals off from their usual sources of support. Reports of child abuse and of
children witnessing violence between their parents and caregivers have increased.
In the Republic of Mauritius, the Government declared nationwide confinement from 20 March 2020
in order to curb the local spread of the COVID-19. It issued a Curfew Order on 23 March 2020 which
was renewed at intervals up to 30 May 2020. During that period, all schools remained closed and
economic activities were stopped, with the exception of essential services. Owing to having no reported
cases of COVID-19, the lockdown in the Islands of Rodrigues and Agalega had ended earlier on 15 April
2020, and their schools had resumed on 4 May 2020 and 11 May 2020 respectively. In the Island of
Mauritius, schools were reopened on 1 July 2020, albeit with conditions attached.
With regards to domestic violence and child abuse in Mauritius, it was reported that, from 20 March
2020 to 13 May 2020, the Ministry of Gender Equality and Family Welfare (MGEFW; Government
Information Service [GIS], 2020)6 registered 349 cases of domestic violence against women and 463
cases of child abuse. Over that same period, COVID-19 testing was carried out with 37 children before
their placement into residential care institutions (GIS, 2020). The Honourable Minister, Ms Kalpana Devi
Koonjoo-Shah, assured that the MGEFW in collaboration with the Mauritius Police Force intervened in
all reported cases, and that the necessary support and protection were provided to the victims (GIS,
2020).
5
World Health Organisation (2020b). Global status report on preventing violence against children. Geneva: Author.
Retrieved on 25 August 2020 from www.unicef.org/media/70731/file/Global-status-report-on-preventing-violence-against-
children-2020.pdf
6
Government Information Service (2020). Covid-19: Mauritius embarks on first phase of easing its lockdown protocol.
Retrieved on 25 August 2020 from www.govmu.org/English/News/Pages/Covid-19-Mauritius-embarks-on-first-phase-of-
easing-its-lockdown-protocol.aspx
“There are three main channels through which children are affected by this crisis: infection with the
virus itself; the immediate socioeconomic impacts of measures to stop transmission of the virus and
end the pandemic; and the potential longer-term effects of delayed implementation of the Sustainable
Development Goals. All of this is affecting children in multiple ways:
• Falling into poverty: An estimated 42-66 million children could fall into extreme poverty as a result
of the crisis this year, adding to the estimated 386 million children already in extreme poverty in
2019.
• Exacerbating the learning crisis: 188 countries have imposed countrywide school closures, affecting
more than 1.5 billion children and youth. The potential losses that may accrue in learning for
today’s young generation, and for the development of their human capital, are hard to fathom.
More than two-thirds of countries have introduced a national distance learning platform, but
among low-income countries the share is only 30 percent. Before this crisis, almost one third of the
world’s young people were already digitally excluded.
• Threats to child survival and health: Economic hardship experienced by families as a result of the
global economic downturn could result in hundreds of thousands of additional child deaths in 2020,
reversing the last 2 to 3 years of progress in reducing infant mortality within a single year. And this
alarming figure does not even take into account services disrupted due to the crisis – it only reflects
the current relationship between economies and mortality, so is likely an under-estimate of the
impact. Rising malnutrition is expected as 368.5 million children across 143 countries who normally
rely on school meals for a reliable source of daily nutrition must now look to other sources. The risks
to child mental health and well being are also considerable. Refugee and internally displaced
children as well as those living in detention and situations of active conflict are especially
vulnerable.
• Risks for child safety: Lockdowns and shelter in place measures come with heightened risk of
children witnessing or suffering violence and abuse. Children in conflict settings, as well as those
living in unsanitary and crowded conditions such as refugee and IDP settlements, are also at
considerable risk. Children’s reliance on online platforms for distance learning has also increased
their risk of exposure to inappropriate content and online predators.”
Source: United Nations (2020). Policy brief: The impact of COVID-19 on children. Retrieved on 25 August 2020
from www.un.org/sites/un2.un.org/files/policy_brief_on_covid_impact_on_children_16_april_ 2020.pdf
Similar to other national human rights institutions, this unprecedented crisis set a new challenge to the
Ombudsperson for Children’s Office (OCO) – how to continue upholding the rights and best interests
of the children of the Republic of Mauritius within the limits imposed by the confinement? It was
clear that it would be difficult to conduct field visits and face-to-face meetings for the purpose of
investigations. However, as rightly advanced by the Council of Europe (2020)7, “children may be
confined, but their rights are not!”.
Committed to its mandate as defined by the Ombudsperson for Children Act (OCA) 2003, the
Ombudsperson for Children (OC) was determined to “ensure that the rights, needs and interests of
children are given full consideration by public bodies, private authorities, individuals and association of
individuals” (OCA 2003, section 5(a)), even during the confinement. In this context, the OC and her team
monitored within available means the situation of children’s rights through different methods,
including
• regularly checking office emails and responding promptly to requests and queries;
• registering complaints on violations of children’s rights through the phone or online encrypted
platforms such as WhatsApp;
• liaising with multiple authorities, such as the Ministry of Gender Equality and Family Welfare
and the Brigade pour la Protection des Mineurs, to obtain or transmit relevant information
regarding children’s matters;
• carrying out phone follow-ups and video calls with institutions where children reside such as
residential care institutions (RCIs) and rehabilitation and correctional youth centres;
• creating guidelines for RCIs on precautions during confinement to protect children’s rights;
• monitoring publications related to children in the local media (online or printed);
• raising the awareness of the public on children’s matters during the confinement through the
media (radio, television and newspapers); and
7
Council of Europe (2020). Children may be confined, but their rights are not! Retrieved on 25 August 2020 from
www.coe.int/en/web/children/-/children-may-be-confined-but-their-rights-are-not-
• keeping up-to-date with the latest publications related to COVID-19 of the Committee on the
Rights of the Child and other international organisations such as the WHO, especially regarding
the impact of COVID-19 on children and their rights.
The present chapter details the main actions carried out by the OC to safeguard the fundamental rights
and best interests of children, especially those who were most vulnerable during the confinement such
as children residing in institutions, children with disabilities, and children living in poverty and
deplorable housing conditions. The first section focuses on activities conducted by the OCO to monitor
and protect the rights of children during confinement. In the second section, some good practices that
enabled the promotion of children’s rights by some governmental authorities and civil society
organisations are highlighted. Finally, the OC provides a list of recommendations that could be
considered to improve the fulfilment of the rights of children of our Republic during and after future
lockdown situations.
During the confinement, the OC monitored the protection of children’s rights in residential care
institutions (RCIs). She also ensured that young people residing at Rehabilitation Youth Centres (RYCs)
were being treated according to the provisions of the UNCRC. In addition, she partnered with the
Delegation of the European Union to the Republic of Mauritius to launch a joint communiqué to
sensitise the public on promoting children’s rights. Moreover, she engaged continuously with the media
to raise awareness on the situation of children during the lockdown. The present section describes each
of the above-mentioned initiatives.
Children living in RCIs often have difficult family backgrounds and histories of trauma, which can make
them more vulnerable to having mental health difficulties and displaying challenging behaviours. Living
in an institution away from their families with limited parental contact is already a hard reality for them.
A long-term confinement period with movement restrictions can further exacerbate their frustrations
and vulnerabilities. Moreover, the staff at the RCIs would also inevitably face more pressures and
challenges in the management of the children’s needs, moods and behaviours, and, they may
consequently feel more strained and lacking in motivation.
During the lockdown, the OC made it a priority to establish phone contacts with the Managers of RCIs
to scope the extent of their difficulties and help them reflect on strategies that can best protect the
rights of their residents. She noted that, overall, the RCIs were faring quite well in this novel situation
and were doing whatever they could to establish sanitary measures and maintain a good enough level
of activity among the children within their premises. The following sub-sections describes different
activities carried out by the OC to support RCIs of the Republic of Mauritius in the promotion of the
rights of their child residents. It also provides an overview of the voices of RCI Managers and children
living in RCIs regarding their difficulties and achievements during the confinement.
1.2.1.1. Facilitating the issuance of COVID-19 Work Access Permits for RCI Managers
The COVID-19 Work Access Permits (WAP) were a requirement for all employees, especially those
working in essential services, to be able to travel from home to their place of work, and vice versa,
during the curfew period. RCIs are an essential service and employees who were directly involved in
the care of the child residents had to attend duty on-site during confinement. Nevertheless, in the initial
phase of the confinement, many RCI Managers were experiencing significant delays in being issued this
permit by the authorities. The waiting period for the COVID-19 WAP led to several difficulties for some
of them, including the following:
(i) Some Managers were having problems with catering for the basic necessities of the children,
such as food, clothing and sanitary pads, as and when needed, due to movement restrictions
without a COVID-19 WAP.
(ii) Although work transport was being provided by RCIs to carers to travel from their homes to
their places of work, some drivers and carers had been intercepted by the police. In some
cases, the police strictly warned them that it did not suffice to show their COVID-19 WAP
application forms and this was recorded as a breach of the Curfew Order. These situations
caused inconvenience and distress among the concerned staff.
(iii) Some carers were not prepared to bear the risk to come to work with the fear of contracting
the virus or being caught by the police without a WAP. This caused short staffing situations
in some RCIs, which affected the quality of child care.
Many RCIs’ Managers were worried about the impact of the long waiting time for a COVID-19 WAP on
the rights of their child residents and they complained to the OC about it. The OC deemed imperative
for staff of RCIs, at least the Managers, to obtain WAPs as soon as possible in order to ensure the proper
running of care services for the children, in line with articles 3(1) and 20(1) of the UNCRC as quoted
below:
• “In all actions concerning children, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities or legislative bodies, the best interests of
the child shall be a primary consideration.” (UN, 1989, article 3(1)); and
• “A child temporarily or permanently deprived of his or her family environment, or in whose own
best interests cannot be allowed to remain in that environment, shall be entitled to special
protection and assistance provided by the State.” (UN, 1989, article 20(1))
To facilitate the acquisition of COVID-19 WAPs for RCI Managers, the OC emailed a list of all the RCIs in
Mauritius and the names of their respective Managers to the Commissioner of Police (CP). She
requested him to fast-track COVID-19 WAP approvals for these Managers so that they could attend to
the needs of the children under their care. The CP acceded to the OC’s request and all the Managers
were issued their WAPs within a short period of time. As for the WAPs of the other RCIs’ employees,
their applications had to be submitted online by their respective Managers to be approved by the CP.
In the end, all RCIs’ employees managed to successfully obtain their WAPs and travel from and to their
places of work without any difficulty.
1.2.1.2. Collaboration with the Commissioner of Prisons to provide food and masks to RCIs
during the complete lockdown phase
At the beginning of the lockdown, there was a period where bakeries were closed and pharmacies had
very limited supplies of face masks. During this time, many RCI Managers informed the OC that they
were daily trying to find alternatives to bread for feeding the child residents, and sometimes, due to
the limited availability of other food items or ingredients, this proved to be challenging. They had also
requested those employees who did not have face masks to try to sew their own mask or otherwise
wear a scarf to cover their nose and mouth.
In this context, the OC thought that at least a one-off distribution of bread and fabric face masks could
provide some relief to child care and management within RCIs during the complete lockdown phase.
She knew that the Mauritius Prison Service was executing a laudable job, whereby its inmates were
preparing food such as bread and cakes, and sewing fabric face masks, for distribution across prisons
and vulnerable groups of people. She liaised with the Commissioner of Prisons who agreed to provide
700 breads and cakes, and 700 fabric masks for distribution across all RCIs of Mauritius. The Brigade
pour la Protection des Mineurs collaborated with the OCO in the delivery of these parcels.
1.2.1.3. Circulation of a guideline entitled “COVID-19: Précautions pratiques pour les RCIs”
The rights to life, survival, development and health of children can be at stake during a pandemic. In
view of strengthening the level of preparedness and response of RCIs to the threat of COVID-19 and
safeguarding the aforementioned children’s rights, the OC created and circulated a practical guideline
on sanitary precautions that can be taken within RCIs’ environments. The guideline was written in
French language and is provided below:
Comment récupérer votre colis en toute sécurité après vos achats ou des dons
En prenant quelques précautions intelligentes, vous pouvez sécuriser vos livraisons et protéger la
santé de vos enfants.
1. En premier lieu, faites comme si chaque colis ou commande avait été empaqueté et livré par
quelqu’un d’infecté qui avait déposé le virus sur vos provisions.
2. Portez un masque et maintenez une distance de sécurité entre les livreurs et vous.
3. Ouvrez la porte à leur arrivée seulement et fermez-là dès qu’ils s’en vont minimisant ainsi les
surfaces de contact.
4. Placez une table, un support ou une étagère à l’extérieur ou dans votre garage et demandez aux
livreurs d’y déposer votre colis.
5. Faites votre paiement en ligne ou tendez la somme exacte.
6. Laissez votre colis un certain temps à l’extérieur avant de le manipuler.
Nous devons présumer que tout ce qui provient de l’extérieur de notre maison est infecté et
conservera la capacité d’infecter l’homme pendant 48 heures : chaussures, vêtements, les cheveux,
la nourriture etc.
The OC addressed a message to the Managers of all RCIs on 27 March 2020 to encourage them in their
efforts to uphold the rights of their child residents and to extend her assistance for any advice regarding
the best interests of children. The message was written in French language and is illustrated as follows:
Le 27 mars 2020
Bonjour à tous,
J’espère que vous, votre staff et vos enfants se portent bien même si l’heure est grave et que nous
vivons des moments très difficiles. Hier, le 26 mars 2020, j’ai envoyé un courriel à tous les
Managers des « Residential Care Institutions (RCIs) » après avoir écrit au Commissaire de Police.
Je sais que quelques-uns d’entre vous ont pu obtenir les « COVID-19 Work Access Permits »
directement de la police alors que d’autres sont toujours dans l’attente. La permission que j’ai pu
obtenir pour vous concerne seulement les Managers des RCIs afin qu’ils puissent se rendre sur leur
lieu de travail. Pour les autres membres de votre personnel, il faudra faire la demande en ligne.
La gestion des RCIs en temps normal est difficile et actuellement cette gestion devient encore plus
compliquée. J’en suis pleinement consciente et nous devons nous entraider. Ce confinement nous
oblige à changer nos habitudes, à consommer moins de nourriture, à être plus vigilants... Quant à
moi, ce confinement m’a permis de prendre conscience combien l’humain est petit et fragile. Nos
enfants des RCIs doivent faire face aujourd’hui à des difficultés énormes. Ils apprennent à faire
des sacrifices loin de leurs familles biologiques. Espérons qu’ils sortiront grandis de cette épreuve
et seront demain des personnes résilientes. Le staff a une responsabilité énorme et doit être
encouragé et applaudi.
En cette période d’urgence sanitaire, la protection du droit des enfants à une bonne santé
demeure la priorité des priorités. Je vous invite à bien lire et mettre en pratique les consignes ci-
jointes. Je sais que bon nombre d’entre vous ont sûrement déjà pris de telles précautions mais le
rappel est toujours utile ! Bon courage à vous tous !
N’hésitez pas à m’appeler si vous estimez que je peux vous être utile. Mon numéro de
portable/WhatsApp est le suivant : (+230) 5*******.
Dans les moments les plus difficiles de notre vie, seule l’amitié compte. Pour les enfants,
les amis sont tellement importants. Soyons leurs amis !
Rita Venkatasawmy
Ombudsperson for Children
The OC made video calls to children and staff of several RCIs to provide them with useful information
on how to support one another during times of crisis and guidelines on protecting themselves from the
virus. Some children openly expressed their apprehensions that the lockdown had restricted many of
their rights. The OC empathised with them and encouraged all children to be vocal on their issues with
trusted adults, and to contact her for any advice regarding their rights. She reminded them that they
may be confined, but their rights are not. She requested children and carers to show courage and
patience and to build an understanding of one another during this tough time.
During the confinement period, the OC received a complaint from the Manager of an RCI regarding
disturbances being created by some residents, which were affecting the operations of the RCI. The OC
decided to conduct a surprise visit to the RCI and engaged the children in an open discussion. She
carefully and respectfully listened to their concerns and views. When she spoke with the children, they
acknowledged that it was important to speak out their feelings so that their carers could better
understand their needs, rather than to behave in a challenging way. The OC was able to successfully
resolve the situation.
When the extension of school closures until 1 July 2020 was announced, many children in RCIs were
showing increased levels of agitation and challenging behaviours due to boredom and their pressing
need to go outside the RCIs’ premises. Despite these difficulties, the RCIs were trying their best to
occupy the time of the residents during this prolonged phase with educational and leisure activities. In
this context, the OC addressed a letter of motivation (as provided below in French language) to all RCIs
to support them in their perseverance.
Le 16 avril 2020
Bonjour à tous,
Je souhaite de tout cœur que vous vous portiez bien ainsi que les enfants sous votre responsabilité.
Vous avez été nombreux à garder contact avec le Bureau de l’Ombudsperson pour les enfants et
cela nous a permis de renforcer nos liens de travail. J’ai pu constater que chaque « shelter »
s’adapte à sa manière au confinement et s’appuie sur ses réseaux pour franchir les obstacles
durant le couvre-feu sanitaire.
Je sais qu’encadrer des enfants en temps normal est une tâche difficile et en ce moment cet
encadrement est encore plus compliqué. Il faut occuper les enfants - surtout les plus jeunes - et
leur proposer des activités. Je suis consciente que chaque structure est suffisamment rodée pour
établir sa liste d’activités. Cependant, je me permets d’attirer votre attention sur le fait que si les
activités proposées sont d’une importance capitale en cette période, la façon de réaliser ces
activités l’est encore plus. Je vous encourage à faire preuve de beaucoup de patience, de tolérance,
Finalement, je vous invite à réfléchir sur l’importance ou plutôt sur l’urgence de la mise en place
des « shelters » / familles d’accueil qui accueillent des petits groupes d’enfants. On ne le répètera
jamais assez : dans un « shelter », plus le nombre d’enfants accueillis est grand, plus la difficulté
de gérer ces enfants est grande. Je vous laisse poursuivre cette réflexion à votre niveau. Au plaisir
de vous rencontrer très bientôt.
Sincèrement,
Rita Venkatasawmy
Ombudsperson pour les Enfants
1.2.1.8. Experiences shared by some RCIs on difficulties encountered and good measures
taken during the confinement
The lockdown period was undoubtedly full of challenges for RCIs. Nonetheless, they also remarkably
adapted to this novel situation through interesting solutions. The OC carried out a survey via email on
the difficulties encountered and good measures implemented by RCIs during confinement. The
responses from 6 RCIs8 who participated have been summarised in the following tables:
8
The names of the RCIs have been anonymised to avoid identification of their children or staff members.
1. RCI ‘A’
Difficulties encountered:
1. Some caregivers encountered difficulties with their family members who did not approve of
them coming to work on a 24-hour basis. The family members thought that RCIs for children
were not considered essential services.
2. Being confined for a long period of time impacted on the children’s behaviours. The peace of the
RCI was disrupted by some older children who did not abide by the rules and regulations.
3. The residents had difficulties to follow the distance learning courses on radio and television. The
older girls tried their best to help the primary school-going children and some of our caregivers
helped the older girls to do their homework. But, in general, we felt that such classes were very
difficult for children in the RCI to follow fully.
2. RCI ‘B’
Difficulty encountered:
1. The RCI faced difficulties regarding the Work Access Permit. Among 19 staffs, only 15 were
granted their permits. In this context, the driver was stopped twice by the police for breach of
the Curfew Order. Administration called upon the Ombudsperson for Children for assistance.
3. RCI ‘C’
Difficulties encountered:
1. At the beginning of confinement, the children were excited about this new situation which they
thought was like school holidays. However, when they understood that they would not be going
to school or on outings for a long period of time and that they were not allowed to leave the
RCIs’ premises, many of them felt increasingly bored and anxious. They also missed their school
friends.
2. At times, some of the children displayed temper tantrums, anger, physical and verbal aggression,
defiance to rules and regulations, and oppositional behaviours among others.
4. RCI ‘D’
Difficulties encountered:
1. Each unit in the RCI has children of different age groups. Even if arrangements were made so
that each age group could have their time scheduled for online classes, problems happened
when specific channels were not available in certain units. For college students, they did not
have access to mobile phones or computers, so difficulties arose when their classes and
homework were being sent via WhatsApp.
2. The confinement period accentuated the behavioural challenges of some youths. It was quite
difficult to maintain a certain stability and discipline in the adolescents’ workshops.
5. RCI ‘E’
Difficulties encountered:
1. It was not easy to purchase food and other items (such as washing machine liquid) due to
conditions set by the Government to go to the supermarkets. Items were limited at the RCI and
several purchasing trips had to be made in difficult conditions. The RCI had to rely on buying
food items from nearby shops, which costed more than supermarket items.
6. RCI ‘F’
Difficulties encountered:
1. The difficulties we had encountered were mainly to provide our beneficiaries with personal
protective equipment (PPE).
Article 12(1) of the Convention on the Rights of the Child (UN, 1989) stipulates that “States Parties shall
assure to the child who is capable of forming his or her own views the right to express those views freely
in all matters affecting the child, the views of the child being given due weight in accordance with the
age and maturity of the child”. The OC valued hearing from children during the confinement and she
received numerous messages and letters from children residing in RCIs regarding their feelings and
experiences during this pandemic. Some of their comments in Mauritian Creole language are quoted
below:
Similar to interventions with RCIs, the OC monitored the situation of inmates living in the RYCs to ensure
that their rights were being protected during confinement. The OC regularly contacted the Officers-in-
charge of the RYCs to take stock of any problems related to the inmates. She also animated a video
conferencing session with the residents, especially regarding their right to health during this pandemic,
and listened with great attention to their views and concerns. She gave useful advice and guidance to
the inmates and staff regarding their rights and responsibilities as per the Convention on the Rights of
the Child (UN, 1989).
During the confinement, I was truly impressed by how the staff and children of RCIs
and RYCs navigated the new challenges they faced. Their resilience was
commendable. Managers and caregivers working at these institutions
courageously left the safety of their homes to fulfil their duties in the care of these
vulnerable children and young people. I was amazed on how they kept going,
despite the health risks and amplified responsibilities of managing the needs,
anxieties, moods and behaviours of their inmates.
Understandably, it was not an easy time for these children and the lockdown
seemed to have exacerbated their difficult feelings. They are already living a life
separated from their families, and the lockdown additionally prohibited them from
meeting their friends, or going to their favourite leisure places. Nonetheless, I was
pleasantly surprised on how most of them adapted to this novel situation and
engaged their creativity and imagination in making sense of their experiences.
1.2.3. Joint communiqué of the OCO and the European Union (EU)
The OCO partners with the Delegation of the EU to the Republic of Mauritius on a number of initiatives
to protect the rights of vulnerable children of our country. In the context of the coronavirus disease
crisis, the OCO and the EU issued a joint communiqué, as given below, which called on families to
engage their children in recreational activities, and also to protect them from the heightened risk of
violence, exploitation and abuse as part of the broader response to COVID-19.
Le monde vit aujourd'hui une crise sanitaire sans précédent avec la pandémie du COVID-19. Près
de la moitié de la population mondiale est confinée. En Europe, à Maurice et partout ailleurs,
tous les efforts se concentrent sur la lutte sur la guérison des malades atteints par le COVID-19,
le contrôle de la propagation du virus et la recherche pour trouver rapidement un médicament
et un vaccin. A Maurice, les autorités font de leur mieux pour lutter contre le virus, mais nous
savons tous que cette bataille sera très dure. Comme dans d'autres pays, le confinement et le
couvre-feu ont été imposés ici depuis deux semaines.
La situation de confinement quasi-totale est une expérience nouvelle qui teste notre patience à
tous. Cependant, c’est le meilleur moyen de ralentir et de maitriser la propagation du virus.
Rester à la maison 24 heures sur 24 et 7 jours sur 7 peut nous donner l’opportunité de nous
retrouver en famille, de passer plus de temps avec les enfants et aussi de faire des activités tous
ensemble. Mais le confinement, surtout prolongé, est également porteur de menaces.
Nous avons tous suivi avec un très grand effroi et une vive émotion le récit du meurtre d'une
petite fille de 10 ans au cours du week-end dernier. Cette tragédie nous montre que tout
confinement prolongé risque d'être un accélérateur de violence contre les enfants.
Si nous vous adressons ce message aujourd'hui, c'est pour vous rappeler que toute forme de
violence contre les enfants est inacceptable. Les enfants ont droit à un environnement familial
sécurisé où ils peuvent s'épanouir et devenir des adultes responsables et stables. C’est la raison
pour laquelle l’Union européenne et l'Ombudsperson pour les enfants sont engagés dans des
actions pour promouvoir leurs droits.
Nous profitons de l'opportunité qui nous est donnée pour vous encourager à réfléchir et à mettre
en place, avec les membres de votre famille, des activités qui aideront à maintenir un équilibre
pendant cette période de confinement, notamment des jeux, la lecture, ou toute autre activité qui
peut contribuer au bien-être de la famille. Le plus important est de ne pas se laisser prendre par
le piège d'une spirale de violence.
Pour occuper les enfants, plusieurs initiatives ont été lancées, notamment les cours à la télé et en
ligne pour les élèves du primaire et du secondaire. Suivez également les recommandations des
psychologues sur la gestion du confinement sur les médias et médias sociaux. Si vous êtes témoin
de violence envers les enfants, nous rappelons que la hotline du Ministère de l'Égalité du Genre
et du Bien-être de la Famille est le 113 pour dénoncer tout abus.
Une fois la pandémie derrière nous, nous continuerons avec énergie nos actions en faveur des
enfants et des familles, principalement pour les écouter et pour encourager les enfants et les
parents à participer activement à la promotion du respect des droits des enfants et la lutte contre
la violence envers les enfants.
Rest ou lakaz
Restez chez vous
Stay at home
The OC had been regularly solicited by the media during the confinement period to obtain her
statements and views on various children’s matters including the murder of a 10-year-old girl by her
parents and the misuse of the internet as a means of abuse among young people. Besides, she also
wrote two articles that were inspired from positive and difficult experiences that children and their
families shared with her over the confinement period.
The first article was published in the newspaper Le Mauricien on 20 April 2020 (refer to Appendix B). It
looked at some of the challenges that the confinement created for children, including those with
disabilities, and their families. It also drew attention to the importance of recognising the vulnerabilities
of children and not considering them as ‘small adults’. The second article was published in the
newspaper L’Express on 08 May 2020 (refer to Appendix C), in which the OC provided a brief overview
of the COVID-19 situation in relation to children’s rights. She then proposed some methods on how we
could lean on the lessons of this global pandemic to enhance the creativity, understanding of values
and character-building of children and young people in Mauritius.
In order to uphold the right to education of the children of our country during the lockdown period, the
Ministry of Education, Tertiary Education, Science and Technology (METEST), in collaboration with the
Mauritius Institute of Education (MIE), the Open University of Mauritius, the Mahatma Gandhi Institute
and teachers, launched media-based lessons from Grades 1 to 9 on 06 April 2020. These lessons were
broadcasted by the Mauritius Broadcasting Corporation on four channels from Monday to Friday. In
addition, Grade 9 students also had access to the Student Support Portal of the METEST. For students
of Grades 10-13, two electronic platforms were used, namely Zoom and Microsoft 365, for teachers to
conduct online classes and upload lessons. The MIE also catered for pre-primary school learners and
students with special education needs.
These educational arrangements were further formalised and enacted through the COVID-19
(Miscellaneous Provisions) Act 2020 on 16 May 2020. This law provides for the implementation of
distance education during temporary closure of educational institutions as well as makes provision for
staff members of educational institutions to produce and conduct distance education and online
learning programmes, including broadcast lessons. Other requirements under this law include social
and physical distancing in educational institutions to be applied as a result of infectious diseases
occurring in epidemic forms; and the maintenance of a register containing the contact details of school
staff, of Managers of secondary schools and of the responsible parties for students, to be used for the
purpose of distance education and online learning. On 4 June 2020, the Honourable Minister of Finance,
Economic Planning and Development announced in the Budget Speech 2020-21 that some 2,570 tablets
would be distributed to students of Grades 10 to 13 for families listed on the existing Social Register of
Mauritius.
Every child has the right to be protected from all forms of violence. In the Republic of Mauritius, the
Child Development Unit (CDU) of the Ministry of Gender Equality and Family Welfare is the responsible
authority that provides protection services to children victims of violence, abuse and neglect on a 24/7
basis. As explained in the background of the current chapter, lockdown situations are known to increase
Ombudsperson for Children The COVID-19 Confinement & Children’s Rights | 45
Annual Report 2019-2020
the risks of domestic violence and abuse against children. Despite its shortage of staff, the CDU has
remained operational during the confinement to handle reported cases of child abuse and provide the
appropriate assistance and support services to victims and their family members.
Healthcare workers and other essential service providers have been on the frontline in the fight against
the spread of the coronavirus disease. They put themselves at risk and valiantly spared no efforts to
ensure the protection of adults and children. In a national press briefing on COVID-19, it was announced
that, as at 2 April 2020, eight children aged 4 months, and 2, 4, 5, 9, 10, 12 and 15 years respectively
had been confirmed positive to the virus. To date, no death of minors due to COVID-19 has been
reported in the Republic of Mauritius. To contain the spread of the disease and to screen as many
potential cases as possible, the Ministry of Health and Wellness established the following good
practices:
• Mauritians were advised not to visit hospitals for minor issues. Alternatively, volunteer
Mauritian doctors set up a consultation service online named "medicine.mu" to give free
medical opinions and advice to anyone in the public.
• The Ministry provided a hotline service (8924) that was available on a 24/7 basis to answer the
public’s queries on COVID-19.
• The Officers of the Ministry carried out a meticulous process of contact tracing and conducted
COVID-19 testing with as many citizens who have been in contact with a contaminated patient
or who were suspected to carry the virus.
The hard work of the police force during the confinement in maintaining order and discipline among
citizens to prevent the spread of the virus and in supporting vulnerable families, including children, was
laudable. The Brigade pour la Protection des Mineurs (BPM), which is the police unit specialised in the
protection of children, was also active on the field during the lockdown and initiated several good
practices with children and families, for example:
• A good level of communication with vulnerable children and their parents was maintained.
• The BPM continued to sensitise families and communities on their role as a child-friendly police
unit during their field visits.
• Requests or case referrals from the CDU, the OCO, NGOs and members of the public were
promptly attended to.
• Targeted patrols were organised to safeguard the rights of children living in at-risk regions to
protect them from violence, abuse and exploitation.
• Children in shelters were regularly visited and provided with appropriate information to
minimize the risk of rebellion and damage to property.
The Ministry of Information Technology, Communication and Innovation and the Ministry of Health and
Wellness collaborated on the creation of a mobile application called “beSafeMoris”. This app could be
easily used by both children and adults who had access to a smart phone or tablet to obtain the latest
updates on the number of COVID-19 cases in the country, communiqué by different Ministries and
sanitary measures to be taken to prevent the proliferation of the coronavirus disease.
The Free Online Holistic Counselling Forum was an initiative by the Rotary Club of Goodlands that
regrouped professionals (e.g. medical practitioners, psychologists, psychiatrists, counsellors, coaches,
etc.) from Mauritius and abroad to help people cope with the drastic shift caused by COVID-19 in their
daily lives. The main goal of this online forum was to provide emotional support and holistic counselling
to adults in distress and those who were having difficulties to manage their children during the
pandemic. The professionals aimed at providing coping strategies to support adults’ mental health,
family life and career development, among others. Providing a platform that can help people, especially
parents, to resolve their issues and provide better care to their children, contributes to the
implementation of the UNCRC.
1.3.7. The media and their informative role during the pandemic
Media and digital technologies are playing a crucial role in the global fight against the COVID-19
pandemic. In our country, the Mauritius Broadcasting Corporation (MBC), online medias, the written
press as well as private radios have extensively informed adults and children on the evolution of COVID-
19 locally and internationally and on the necessary precautions to take to protect oneself from
contamination. The MBC also promoted the expression of children and young people on their
experiences during the lockdown. Every night, it broadcasted their drawings, pictures and videos
portraying messages of hope on COVID-19 in a segment after the news show. This was a significant way
of valuing the views and voices of children on a global situation that concerned each and everyone of
them.
1.4. Recommendations
The Committee on the Rights of the Child (2020)9 enlisted 11 recommendations that can contribute to
minimise the significant physical, emotional and psychological effects that the COVID-19 pandemic may
have on children and young people. These have been outlined below.
1. Consider the health, social, educational, economic and recreational impacts of the pandemic on
the rights of the child.
2. Explore alternative and creative solutions for children to enjoy their rights to rest, leisure,
recreation and cultural and artistic activities.
9
Committee on the Rights of the Child (2020). The Committee on the Rights of the Child warns of the grave physical,
emotional and psychological effect of the COVID-19 pandemic on children and calls on States to protect the rights of children.
Retrieved on 31 August 2020 from tbinternet.ohchr.org/_layouts/15/treatybodyexternal
/Download.aspx?symbolno=INT/CRC/STA/9095&Lang=en
3. Ensure that online learning does not exacerbate existing inequalities or replace student-teacher
interaction.
4. Activate immediate measures to ensure that children are fed nutritious food during the period
of emergency, disaster or lockdown.
5. Maintain the provision of basic services for children including healthcare, water, sanitation and
birth registration.
6. Define core child protection services as essential and ensure that they remain functioning and
available, including home visits when necessary, and provide professional mental health
services for children living in lockdown.
8. Release children in all forms of detention, whenever possible, and provide children who cannot
be released with the means to maintain regular contact with their families.
9. Prevent the arrest or detention of children for violating State guidance and directives relating
to COVID-19, and ensure that any child who was arrested or detained is immediately returned
to his or her family.
10. Disseminate accurate information about COVID-19 and how to prevent infection in languages
and formats that are child-friendly and accessible to all children including children with
disabilities, migrant children and children with limited access to the Internet.
11. Provide opportunities for children’s views to be heard and taken into account in decision-making
processes on the pandemic.
The authorities and the civil society have displayed considerable commitment towards protecting
children during the pandemic. Additionally, in the eventuality of future national lockdown situations, the
OC would like to recommend measures that could be considered to better protect and promote the best
interests and rights of children:
Given the likely rise of violence within family settings during a lockdown situation, it is necessary that
the population is sensitised on this issue and made aware of how they need to act in such cases. This
could be done by continuously providing extensive information to the public through the emergency
hotline of the CDU and information platforms on radio, television and social media.
During a lockdown situation, it can be stressful for parents and caregivers to find ways to manage their
children’s time. An electronic platform such as a mobile application could be designed to provide tips
and advice to parents/caregivers on activities and games that they could do with their children at home
and in their yards using simple techniques and available means. This could bring variety to their home
routine, prevent their children from getting bored or frustrated and enable quality and fun
parent/caregiver-child time.
Distance education and online learning are crucial in the continuity of students’ education during a
lockdown. In order to ensure that all students can access this form of education without any
discrimination, it is important for stakeholders to assess whether students have the required IT device
and internet facility at their homes. In cases where students neither have such equipment nor the
means to purchase them, State assistance should be provided to facilitate their right to education.
Moreover, it is crucial to consider adaptations to the content and delivery of distance education to
make it more accessible to children with disabilities and special educational needs.
Ombudsperson for Children The COVID-19 Confinement & Children’s Rights | 50
Annual Report 2019-2020
During confinement, children spend a lot of time on the internet for distance education and online
learning, leisure purposes and communication with friends and relatives. Nonetheless, this also
increases the risk of them being exposed to inappropriate web content, sexually explicit material and
online predators. The relevant authorities and technology experts could sensitise parents on how to
ensure their children’s online safety and monitor their internet usage.
Children living in institutions deserve special attention during the confinement. It is important to
prevent their rights from being violated, especially with respect to their rights to quality care, education
and health. They must be guaranteed adequate nutrition, educational continuity and access to leisure
activities within the premises. Psychological interventions, either face-to-face or through video/voice
calls, must be provided on a regular basis to the children.
In cases of new referrals to institutions during a pandemic situation, the authorities must ensure that
the children are safe from any infectious disease before placing them with the other residents. They
must also relay a maximum of background information on the child to the Managers of these
institutions so that they can better plan the child’s care and rehabilitation. If any child resident seems
to be displaying symptoms of an infectious disease during a pandemic, he/she must be isolated from
the rest of the group until he/she is tested negative for the virus by health professionals. If children
living in institutions needed to be quarantined during a pandemic, special support and protection have
to be made available to them within quarantine locations.
1.4.2.6. Special consideration to the needs of pregnant teenagers and adolescent mothers
Pregnant teenagers and adolescent mothers often tend to be a hidden population of young people,
who are not always known to services or consistent in their appointments with hospitals. A pandemic
situation can further exacerbate these avoidance behaviours to the detriment of their health and that
of their unborn or newborn child. This vulnerable group of girls must be sensitised on prenatal and
postnatal care and given the necessary support with childbirth, especially during a pandemic. For known
cases of teenage pregnancy, home visits from doctors could also be facilitated during a lockdown.
Governmental bodies and civil society organisations could unite their strategies during a lockdown
situation to create and maintain safe environments for all children. This could prevent unnecessary
duplication of work and improve the efficiency and networking of stakeholders in fulfilling children’s
rights according to the UNCRC to the maximum extent possible.
The Republic of Mauritius has experienced for the first time a long-term lockdown situation due to a
global pandemic. After this confinement, it is necessary to learn from unanticipated challenges that
children and their families faced, and identify and mitigate risk factors that make them more vulnerable
to health risks and rights violations during a pandemic. Examples are homelessness, unsafe housing,
food insecurity, parental substance abuse and mental health difficulties, and poverty, among others.
National quantitative and qualitative research on the impact of COVID-19 on several areas relevant to
children, such as their physical and mental health, their educational achievement, their relationships
with their parents or their social networks, and their exposure to violence, are warranted. Such studies
could provide valuable data that could inform policy decisions regarding the needs of children during a
lockdown.
Transitioning from a confinement period, where students had to adapt to a new way of learning online
or through the media, to resuming school with strict sanitary and social distancing conditions can be a
difficult phase for children. Some children might experience different kinds of anxieties such as
separation anxiety, anxieties related to illness, loss or financial hardship within their families, germ-
related phobias or distress on having fallen behind in their studies. It is important that these children
are supported by Educational Psychologists or Counsellors at school to make sense of these changes
and alleviate their anxieties and stress. The school management must also continuously provide clear
and concise information to students regarding modifications in their school curriculums, new
examination dates and sanitary norms within school premises.
The OC believes that the COVID-19 pandemic can act as a springboard for children and young people
to be educated beyond their books and learn pedagogically active skills that can reinforce their
understanding of values and empower them to become engaged actors in social transformation. In
order to facilitate this process, the OC proposed in her article provided in Appendix C examples of five
active pedagogical methods that could be used by educators with students – story-telling; film/video
viewing with interactive discussions; quality debates with secondary school students; performing arts
as a vehicle for value-based learning; and developing an eco-friendly mentality among students.
1.5. Conclusion
The Republic of Mauritius has achieved a full deconfinement since 31 May 2020 although its borders
are undergoing a phased reopening subject to the global context in relation to COVID-19. Our country
has demonstrated resilience and commitment in stopping the spread of the virus within the local
population. All stakeholders including the authorities, parastatal bodies, non-governmental
organisations, the media and the public have contributed to this achievement. Hand washing or
sanitising, mask wearing and social distancing are now daily behaviours adopted by our citizens at
workplaces, schools, supermarkets and other public settings as a means of preventing a second wave
of the coronavirus disease.
Within a context of national vulnerability during a global pandemic, it is even more crucial to attend to
the needs of vulnerable people, and those of at-risk children must be a topmost priority for any State.
To conclude with the impactful words of Michelle Bachelet, UN High Commissioner for Human Rights,
spoken at the ‘Stop the War on Children’ Symposium at the Hague on 16 May 2019,
basic to who we are. All children possess inherent worth and should
stand for children's rights, who are we and what has happened to
CHAPTER 2
Furthering the
Conversation on How to
Reduce and Prevent
Teenage Pregnancy
2.1. Introduction
According to the World Health Organisation (WHO; 2020a)10, “at least 10 million unintended
pregnancies occur each year among adolescent girls aged 15–19 years in the developing world”.
Adolescent mothers aged 10-19 years have higher risks of child birth complications and infections than
mothers aged 20-24 years, and babies of adolescent mothers face more elevated risks of low birth
weight, premature birth and severe newborn conditions (WHO, 2020a). The adolescent fertility rate,
which refers to the number of births per 1,000 women aged 15-19 years (WHO, 2020b)11, varies across
countries. The global average adolescent fertility rate was recorded at 42 births per 1,000 in the year
2018 (The World Bank Group [TWBG], 2020)12. The table below provides the adolescent fertility rates
for the year 2018 in some countries of the world, including Mauritius (TWBG, 2020):
According to Statistics Mauritius (2019)13, a total of 1,153 births were recorded among young women
aged 15-19 years and those under 15 years in the year 2018. Although Mauritius has a lower adolescent
fertility rate compared to the average rate in the world and that of most African countries, teenage
10
World Health Organisation (2020a). Adolescent pregnancy: Key facts. Retrieved on 17 August 2020 from www.who.int/
news-room/fact-sheets/detail/adolescent-pregnancy
11
World Health Organisation (2020b). Adolescent fertility: Situation and trends. Retrieved on 20 August 2020 from
www.who.int/gho/mdg/maternal_health/adolescent_fertility_text/en/
12
The World Bank Group (2020). Adolescent fertility rate (births per 1,000 women ages 15-19. Retrieved on 20 August
2020 from data.worldbank.org/indicator/SP.ADO.TFRT
13
Statistics Mauritius (2019). Digest of demographic statistics 2018. Mauritius: Ministry of Finance and Economic
Development.
pregnancy remains a challenge to adolescent health and development. There is a general perception
among local organisations working with pregnant teenagers that the situation is worsening on the field
and that a rising number of adolescents of younger ages are falling pregnant. In 2018, 29 births occurred
to mothers under the age of 15 years (Ministry of Health and Wellness, 2019) 14. Stories of teenage
pregnancies are often flagged up by the media and the first half of the year 2020 bore several examples
that made headlines, such as
• the case of a 17-year-old girl and her 14-year-old boyfriend expecting a baby in February 2020;
• the case of a 14-year-old girl who was 7-month pregnant of a man of 20 years of age in March
2020; and
• the situation of a 12-year-old girl giving birth in May 2020.
In the Annual Report 2017/2018 of the Ombudsperson for Children’s Office (OCO; 2018)15, an overview
of some international and local provisions regarding teenage pregnancy and adolescent parenthood
was presented. The Ombudsperson for Children (OC) had also launched in 2018 a Press Communiqué
to invite citizens of the Republic of Mauritius to share their views on issues such as teenage pregnancy,
child marriage, teen dating and cohabitation between either two minors or an adult and a minor. Over
a period of 10 days, more than 110 people including children, adults, statutory and civil society
organisations had responded16. They provided interesting views on matters such as the national
definition of the child, the minimum age of marriage in our country, and the effects of pregnancy and
early marriage on adolescents, among others. It is noteworthy that the Ministry of Gender Equality,
Child Development and Family Welfare (2019, section 2)17 has proposed a revised definition of the child
as “a person under the age of 18” in the upcoming Children’s Bill, instead of the Child Protection Act
1994’s version of “any unmarried person under the age of 18”.
14
Ministry of Health and Wellness (2019). Family Planning and Demographic Yearbook 2018, Volume 44. Mauritius: Author.
15
Ombudsperson for Children’s Office (2018). Annual Report 2017/2018: Making rights a reality for every child of the
Republic of Mauritius. Mauritius: Author. Retrieved on 17 August 2020 from oco.govmu.org/English/
Documents/Annual%20Reports/Ombudsperson%20AR%202017-2018.pdf
16
Examples of the responses received are found in chapter 2 of the Annual Report 2017/2018 of the OCO which can be
accessed at oco.govmu.org/Documents/Annual%20Reports/Ombudsperson%20AR%202017-2018.pdf.
17
Ministry of Gender Equality, Child Development and Family Welfare (2019). The Children’s Bill (No. XXIX of 2019). Retrieved
on 17 August 2020 from mauritiusassembly.govmu.org/English/bills/Documents/intro/2019/bill2919.pdf
Every year, the OCO continues to receive complaints linked to teenage pregnancy from young people,
families, school personnel, non-governmental organisations (NGOs) and community members, among
others. Children born to adolescent mothers are also at risk of their fundamental rights being violated
such as not being registered at birth and not having a decent home or adequate nutrition. They are also
often identified by the authorities as children in need of protection and they might be removed from
the care of their teenage mother. This separation can have further negative repercussions on the health
and well-being of these children who might be institutionalised from an early stage in their lives.
This year, the OCO aimed at better understanding potential barriers in the prevention of teenage
pregnancy, and possible strategies that can reduce its incidence or mitigate its adverse consequences
on young people and their families. For this purpose, the OC and her team carried out desk research
and organised in-depth discussions with three local organisations actively working in the domain of
adolescent sexual and reproductive health, namely, the Mauritius Family Planning and Welfare
Association (MFPWA), the ‘Mouvement
d’Aide à la Maternité’ (MAM) and ‘Action
Familiale’ (AF).
THIS YEAR, THE OCO AIMED
AT BETTER UNDERSTANDING
In the following sub-sections, the stories on
POTENTIAL BARRIERS IN THE
teenage pregnancy and adolescent
PREVENTION OF TEENAGE
motherhood of 3 young girls who contacted
PREGNANCY, AND POSSIBLE
the OC are firstly presented. Secondly,
STRATEGIES THAT CAN REDUCE
information and reflections that emerged
AND MITIGATE ITS ADVERSE
from the desk research by the OCO and
CONSEQUENCES ON YOUNG
meetings with MFPWA, MAM and AF are
PEOPLE AND THEIR FAMILIES.
described. A rights-based model of youth
sexuality education known as Comprehensive Sexuality Education (CSE), which was initiated by the
United Nations Educational, Scientific and Cultural Organization (UNESCO; 200918, 201819), is then
18
UNESCO (2009). International technical guidance on sexuality education: An evidence-informed approach for schools,
teachers and health educators. France: Author.
19
UNESCO (Rev. edn.) (2018). International technical guidance on sexuality education: An evidence-informed approach.
France: Author.
appraised. The chapter ends with a list of recommendations proposed by the OCO that can contribute
to reducing or preventing teenage pregnancy in the Republic of Mauritius.
The letter below was sent to the Ombudsperson for Children by a 16-year-old adolescent girl who
wished to relate her experiences of pregnancy and motherhood.
I am writing to you this letter because you told us to “be free to contact you
intelligent student and I would love to become a doctor one day. I am 16, I
have a baby, and I was not sexually abused. I loved my boyfriend very much.
When we had sex, he told me I was safe because he had taken all precautions.
He said that I was not going to be pregnant. I trusted him, but 3 months
later I found that I was pregnant. When I informed him, he said that I must
have had another boyfriend! I was helpless. I begged for his love and support,
but he did not want to believe me. I decided to talk to my parents. Both
were very kind and supportive. Until now, they are still with me and my
and I hate him. I will make sure that my child also hates him.”
2.2.2. Raped and pregnant at 15 years old and holding on the hope
for a better life
Five years ago, this then 15-year old girl, named Sasha20, became pregnant after being raped by an
‘uncle’. She was an orphan who lost both her parents in a car accident at the age of 6 years old and had
been living with her grandmother since then. When she informed her grandmother of the rape, the
latter blamed it on her saying that it was due to her wearing shorts. She was devastated and in pain,
but one of her aunts decided to take care of her. The aunt brought her to the police station two days
after the incident. Overwhelmed with anxiety, Sasha could not utter a word to the police. She said that
she could not remember anything. She only recalled that she could not walk properly and that she felt
terrified and miserable. When the Child Development Unit interviewed her, she could not find the
proper words to explain what had happened to her. For the past five years, her grandmother taunted
her every day for having accused an innocent man and blamed her for having given birth to an
illegitimate child. She had stopped attending school after
giving birth. There were instances over this period where
the same ‘uncle’ tried to engage her in sexual activities.
SHE AFFIRMED THAT THE
RAPE WOULD NOT
Sasha is now 20 years old. She informed the OC that she is
DEFINE THE REST OF HER
working as a maid in a wealthy family who supports her a
LIFE AND SHE HAS THE
lot. She is also in a serious relationship with her boyfriend
RIGHT TO BE HAPPY.
whom she will marry in a few weeks. She expressed her
relief that she would no longer be living at her grandmother’s house and tolerate her continuous
accusations and rebukes. She told the OC that she was hopeful that her life would get better. She
affirmed that the rape would not define the rest of her life and she has a right to be happy.
It was 6 o’clock in the morning and my phone was ringing. I was not fully awake, but the first thought I
had was that it could be an emergency call from someone. I checked the phone’s screen. It was an
20
This is a fictitious name to protect the identity of the person.
unknown number. Nonetheless, I answered the call. At the other end of the line, I heard the voice of a
woman crying profusely and struggling to utter her words. She sobbed for the next ten minutes and I
gauged that something painful had happened to her. Meanwhile, I reassured the lady that I was here
to listen to what she had to say and help her wherever possible. When she started regaining her
composure, she managed to tell me that her 13-year-old daughter was pregnant. “Madam Rita, I have
given her the best education. How could she betray my trust, the trust of her dedicated mother?”, said
the lady to me in a state of shock and denial.
I acknowledged her concerns and was able to calm her down so that she could express herself more
clearly. She added that her daughter refused to give her any explanation and that the latter remained
withdrawn and silent. She requested me to speak with her daughter on the phone. The conversation
went as follows:
OC: “Your mother just called me. She is really worried about you.”
[After a few long minutes, the daughter decided to answer.]
Daughter: “Ms Rita, I don’t know how I got pregnant. I don’t even think I
Daughter: “My friend told me very clearly that I could have sex with my
It was clear that the girl did not have any sexuality education. She was not aware that the law prohibits
sexual intercourse before the age of 16 years, that her 17-year-old boyfriend was liable to a legally
arrestable offence, and that unprotected sex could lead to a pregnancy. I encouraged her to cooperate
with her mother so that she could get herself tested. The girl’s belly continued to grow and her menses
had stopped. Her mother brought her for a pregnancy test which turned out to be positive. The girl’s
boyfriend who was 17 years old denied that he was the father. He did not want to hear about the girl
and claimed that he was busy in his studies. The mother lodged a case at the locality’s police station.
Her daughter was receiving psychological support and guidance from the Child Development Unit and
the Brigade pour la Protection des Mineurs.
Within the scope of work of the MFPWA, MAM and AF, all three organisations educate and support
pregnant teenagers and their families on their rights and health. For instance, two of the functions of
the MFPWA is to advise on population education and sex education, and to provide marriage
counselling. As for MAM, it conducts sessions in schools and villages with both boys and girls on the
theme “Pran Letan pou Kontan”, with the aims to speak about sexuality in a healthy and positive way,
to encourage responsible sexual behaviour, and to provide information on problems entailed by early
pregnancies and risks and diseases associated with irresponsible sexual behaviour. It also encourages
parents to have an open dialogue regarding sexuality with their children. Regarding AF, one of its main
intervention areas is sexuality education, which it views as integral to the holistic development of young
people. For information, a brief outline on the mission and main activities of each of these organisations
are provided in Appendix D.
In the year 2019, the MFPWA registered at its drop-in centre 309 new cases of teenage pregnancy, and
91 new cases from January to June 202021. With regards to abortion among pregnant teenagers, this
21
The numbers provided by the MFPWA represent only those adolescents who approach their services.
organisation recorded 5 cases in the year 2018, 4 cases in the year 2019 and 2 cases from January to
June 2020. The MFPWA pointed out that there is a significant lack of data regarding abortion among
adolescents in Mauritius. It is important to note that abortion is illegal in Mauritius, with the exception
of four special circumstances according to section 235A (2) of the Criminal Code (Amendment) Act 2012
as stated below:
The specialist (...) may only provide treatment to terminate a pregnancy where another specialist
in obstetrics and gynaecology and another specialist in the relevant field share his opinion, formed
in good faith, that —
(a) the continued pregnancy will endanger the pregnant person’s life;
(b) the termination is necessary to prevent grave permanent injury to the physical or mental
health of the pregnant person;
(c) there is a substantial risk that the continued pregnancy will result in a severe
malformation, or severe physical or mental abnormality, of the foetus which will affect
its viability and compatibility with life; or
(d) the pregnancy has not exceeded its fourteenth week and results from a case of rape,
sexual intercourse with a female under the age of 16 or sexual intercourse with a specified
person which has been reported to the police.
In the period 2013/2014, the MFPWA conducted a survey on teenage pregnancy with a sample of 100
teenage mothers aged 13-18 years (Soobron-Dubarry & Bhagan, 2014)22. The mothers were
interviewed on different questions related to their family circumstances, education, employment,
relationship status, support systems, attitudes towards their pregnancy and abortion, and awareness
of contraceptive methods, amongst others. Some of the results and conclusions of the survey are
summarised as follows:
22
Soobron-Dubarry, S. & Bhagan, K. (2014). Report on survey on teenage pregnancy. Mauritius: MFPWA.
SOME RESULTS REPORTED IN THE SURVEY OF MFPWA (Soobron-Dubarry & Bhagan, 2014)
(2) Girls whose fathers left them at an early age had a higher rate of early sexual activity resulting
in teenage pregnancy.
(3) The age of first sexual intercourse of a majority of the adolescents had a peak at the ages 14 to
15 years.
(4) More than one third of the teenage mothers were single mothers.
(5) Some adolescents lack knowledge of, or access to, conventional methods of preventing
pregnancy, as they may be too embarrassed or frightened to seek such information and services.
(6) Adolescents lacking in sexuality education are twice more vulnerable of engaging in early sexual
activities.
(7) Adolescents with low educational background can be another risk factor for early sexual activity.
Research evidence shows that there is a correlation between poverty or low-income levels and higher
adolescent fertility rates, especially in developing countries (e.g. Oke, 2010)23. Poverty can act both as
23
Oke, Y. F. (2010). Poverty and Teenage Pregnancy: The dynamics in developing countries. OIDA International Journal of
Sustainable Development, 2(5), 63-66.
a cause and consequence to teenage pregnancy, thus reinforcing a cycle of disadvantage among
pregnant teenagers and adolescent parents. These adolescents are more likely to leave education early,
which then reduces their opportunities to build a career and find a well-remunerated job. At times,
engaging in sexual relationships might become a means for adolescent girls living in poverty to receiving
gifts or monetary benefits from adult men. Local organisations working with pregnant young women
also report that many pregnant teenagers come from low-income families living in deprived regions of
the country.
It is a global reality, as advanced by the Committee on the Rights of the Child (2003, para.11)24,that,
“[w]hile most adolescents grow up in well-functioning family environments, for some the family does
not constitute a safe and supportive milieu”. Family environmental factors such as child abuse and
neglect, domestic violence and parental substance abuse among others can greatly affect children’s
physical and psychological well-being, and teenage pregnancy could be a result of sexual abuse. Some
adolescents may attribute having sex to feeling valued and special, and early sexual activity may lead
to intended or unintended pregnancies. Similarly, it was reported in a study conducted by the United
Nations Children’s Fund (UNICEF; 2018)25 in Guyana, South America, on pregnant teenagers that “some
of the adolescents were from homes where they felt unloved and were consciously and unconsciously
seeking love outside of the home and ended up in sexual relationships with men who they felt were
showing them love and attention”. Moreover, a longitudinal study on adolescent sexual behaviour
found that children who were exposed early to instability in their parents’ relationships were more
likely to report sexual partnerships by the age of 16 years old (Donahue et al., 2011)26.
24
Committee on the Rights of the Child (2003). General Comment No. 4: Adolescent health and development in the context
of the Convention on the Rights of the Child. Geneva: Office of the High Commissioner for Human Rights.
25
UNICEF (2018). Situation Analysis of Adolescent Pregnancy in Guyana. Guyana: Author.
26
Donahue, K. L., D'Onofrio, B. M., Bates, J. E., Lansford, J. E., Dodge, K. A. & Pettit, G. S. (2010). Early exposure to parents'
relationship instability: Implications for sexual behavior and depression in adolescence. Journal of Adolescent Health, 47(6),
547-554.
Teenage pregnancy can result in detrimental consequences on the sexual and reproductive health of
adolescent girls, as well as their mental health. Based on their experience of working with pregnant
teenagers and adolescent mothers, the MFPWA, MAM and AF shared their views on this area, as
follows:
• The adolescent’s body is not fully developed for pregnancies. Early onset of sexuality may
increase the risks for teenagers to contract a sexually transmitted disease such as HIV and
syphilis. Such conditions can largely limit the opportunities of young people in life and may lead
to significant mental health difficulties like anxiety and depression.
• When teenagers are victim of incest, this may result in consanguine pregnancies which have
high risks of foetal malformations.
• Most teenagers give birth by Caesarian delivery due to being too young and unprepared for
normal delivery, and this may have lasting effects on their bodies and mental health.
• Teenage mothers may have difficulties to conceive or other reproductive issues when they
become adults.
Owing to the taboo associated with sexuality locally, many parents do not consider that their children
might be sexually active and they show reticence towards talking with them about it. It could be inferred
that, when they were adolescents, it might be possible that their own parents did not have such
conversations with them. Some parents believe that sex education should not be taught at school from
a young age because ‘it is inappropriate’ and ‘it will encourage their children to become sexually active’.
In the case of a teenage pregnancy, some families might try to hide the adolescent girls’ pregnancy
from the authorities and the society and, in most cases, these young people stop attending school. They
fear that such news might bring disgrace to their families’ reputation and destroy the young person’s
future. In some instances, the pregnant teenagers might be forced to enter into a formal or informal
union with the prospective father, who could be either a minor himself or an adult. Within some
extreme cases, the pregnant teenagers might be put through an abortion using unsafe procedures, also
known as a backstreet abortion, increasing the risks of maternal medical complications or even deaths.
These cases would not come to the attention of the authorities unless the teenager is brought to the
hospital, and the Child Development Unit and the Police are informed. Hazardous practices to end a
teenage pregnancy could cause long-term and adverse effects on the physical, psychological, emotional
and social well-being of the concerned teenagers.
Sometimes, people confound secondary school biology lessons on reproduction with sexuality
education. However, the biological aspect of sex is only one part of sexuality education among several
other components such as decision-making about one’s body, consent, gender equality, responsible
sexual behaviour and sexually transmitted diseases, among others. Sexuality education should not be
merely an academic subject that is delivered through a text-book approach. Furthermore, it is observed
that academic staff are not necessarily skilled and best placed to educate students on their sexuality.
With their growing curiosity during the pubertal period, often young people feel embarrassed to ask
questions regarding sexuality directly to their parents or teachers and they resort to other sources of
information, mainly the internet. Some internet material can be unreliable or pornographic in nature
and, could have an adverse impact on the sexual and mental health of the young people. Some
adolescents rather believe in what their older siblings or peers tell them regarding sexuality. They may
even experience peer pressure to engage in sexual intercourse, usually as a way to ‘fit in’ or ‘look
trendy’.
It is not surprising to hear pregnant teenage girls who come into contact with services saying that they
were not fully aware that having unprotected sex may lead to pregnancy and entail undesirable
consequences on their lives. They did not know that the age for sexual consent in Mauritius is 16 years
and, that infringing this provision can lead to arrestable offences, as stated below:
• “Any person who has sexual intercourse with a minor under the age of 16 or a mentally
handicapped person, even with his consent, shall be liable to penal servitude for a term not
exceeding 10 years”. (Criminal Code Act 1838, section 49(4)); and
• “Any person who causes, incites or allows any child to (a) be sexually abused by him or by another
person, (b) have access to a brothel, (c) engage in sexual prostitution, shall commit an offence”.
(Child Protection Act 1994, section 14(1)).
Young people are often not informed enough about the local free health services available regarding
contraception and express a fear of being judged or stigmatised by health professionals or their parents
if they come into contact with these services. Adolescents who are aged 16 and 17 need parental
consent to acquire contraceptive methods from these services, and this might hinder them from
disclosing sexual activity to their parents. Consequently, adolescents tend to refrain from accessing
contraceptive services. Regarding the issue of teenage pregnancy, it was advanced in the 2014
Contraceptive Prevalence Survey (Republic of Mauritius, 2016, p.4)27 that
Inadequate counseling on contraceptive methods results in improper use of these methods which
inevitably leads to teenage pregnancy. The inaccessibility and unavailability of these methods
further contribute in the occurrence of unprotected sexual activity. Sometimes even when family
planning services are freely accessible many young and unmarried people do not take full
advantages of these services mainly because of social and cultural barriers.
This national survey (Republic of Mauritius, 2016) included a representative sample of 255 female
teenagers aged between 15 and 19 years old and 94 per cent of them reported that they had knowledge
27
Republic of Mauritius (2016). The 2014 Contraceptive Prevalence Survey. Mauritius: United Nations Population Fund,
Ministry of Health and Quality of Life, and Mauritius Institute of Health. Retrieved on 17 August 2020 from
health.govmu.org/English/Documents/2017/FINAL%20%202014%20CPS%20REPORT.pdf
of at least one type of contraceptive method. However, this knowledge alone cannot guarantee that
the teenagers understand fully how to use these contraceptive methods or that they actually use them.
There is insufficient quantitative and qualitative research in the country on teenage pregnancy. This
may create difficulties in developing targeted policies for pregnant teenagers and adolescent mothers
because information will be based on statistics available to authorities and civil society organisations
that have not necessarily been obtained and evaluated through rigorous, evidence-based and
systematic research methods.
2.3.5.1. The need for parents to talk about sexuality with their children
Parents need to be sensitised on their primordial role in the sexual development of their children and
in having age-appropriate open conversations on sexuality with their children. This cannot be the sole
responsibility of the education system. Parents need to understand that sexuality education is a way of
preparing their children to making important decisions about their body, relationships and life in
general. They indeed have the responsibility to validate the content of this type of education, be
prepared to accompany their children in learning about their sexuality and be empathetically
responsive to their questions.
Puberty can be an insecure and anxiety-provoking period for young people whose bodies and mental
states are undergoing rapid developmental changes. Adolescents must be supported through this
phase of their lives by educating them on these changes, helping them manage their anxieties and
allowing them space and time to express their feelings. It is important that sexuality education is
conducted by qualified, knowledgeable and experienced individuals who would use a value-neutral,
non-judgmental and contextualised approach to allow students to safely explore their questions and
reflections regarding this matter. This can be a form of empowerment in that students can learn to
relate and respect one another and understand that their anxieties are normal and shared among many
of them. In addition, building the emotional intelligence of young people is paramount within sexuality
education to enable them to become more in charge of their emotions relative to their bodily changes
and to their decisions regarding their sexual behaviours.
There is a need to ensure that young people have adequate and user-friendly information on
contraception, and sufficient access to contraceptive services. The 2014 Contraceptive Prevalence
Survey (Republic of Mauritius, 2016, p.156) recommended “more accessibility to contraception and
explanation about usage in youth centres and youth counselling centre”. Additionally, the Committee
on the Elimination of Discrimination Against Women (CEDAW; 2006, para.31)28 urged our State to “step
up the provision of family planning information and services to women and girls, in particular regarding
reproductive health and affordable contraceptive methods, and to promote widely sex education
targeted at girls and boys, with special attention to the prevention of teenage pregnancy”.
Communication strategies to inform young people about their sexual and reproductive health can be
adapted and modernised through technological means to reach and impact a maximum number of
young people.
2.4.1. Background
In a global context where information on the Internet and other forms of media are readily accessible
to young people, it is becoming increasingly difficult to protect them from exposing themselves to
sexually explicit content, which can affect the way they understand and express their sexuality. The
importance of educating and equipping adolescents with the necessary knowledge and skills to make
responsible choices on their bodies, relationships and life cannot be undermined. Evidence-based and
effectively-delivered sexuality education can improve outcomes for young people with regards to their
28
Committee on the Elimination of Discrimination Against Women (2006). Concluding Comments, Mauritius. Geneva: United
Nations. Retrieved on 17 August 2020 from www.refworld.org/docid/453778492.html.
sexual behaviours. One such example is a rights-based sexuality education framework known as
Comprehensive Sexuality Education (CSE; UNESCO, 2018)29.
By definition, CSE is a “curriculum-based process of teaching and learning about the cognitive,
emotional, physical and social aspects of sexuality. It aims to equip children and young people with
knowledge, skills, attitudes and values that will empower them to: realize their health, well-being and
dignity; develop respectful social and sexual relationships; consider how their choices affect their own
well-being and that of others; and, understand and ensure the protection of their rights throughout their
lives” (UNESCO, 2018, p.16). This approach to sexuality education is in line with the Convention on the
Rights of the Child (United Nations, 1989)30 with respect to several articles, including the child’s rights
to
It also contributes mainly to two targets of the Sustainable Development Goals (SDGs) 3 (good health
and well-being) and 5 (gender equality), as specified below:
• SDG target 3.7: “By 2030, ensure universal access to sexual and reproductive health-care
services, including for family planning, information and education, and the integration of
reproductive health into national strategies and programmes”; and
29
UNESCO (Rev. edn.) (2018). International technical guidance on sexuality education: An evidence-informed approach.
France: Author.
30
United Nations (1989). Convention on the Rights of the Child. Geneva: Author.
• SDG target 5.6: “Ensure universal access to sexual and reproductive health and reproductive
rights as agreed in accordance with the Programme of Action of the International Conference
on Population and Development31 and the Beijing Platform for Action32 and the outcome
documents of their review conferences”.
Excerpt from the International Technical Guidance on Sexuality Education (UNESCO, 2018, p.36)
31
The Programme of Action of the International Conference on Population and Development can be accessed on the website
link www.unfpa.org/sites/default/files/event-pdf/PoA_en.pdf.
32
The Beijing Platform for Action can be accessed on www.un.org/womenwatch/daw/beijing/pdf/BDPfA%20E.pdf.
The 8 core concepts covered by CSE are provided in the excerpt shown on the previous page, taken
from the International Technical Guidance on Sexuality Education (UNESCO, 2018, p.36). It can be noted
that CSE covers a wide range of issues that directly or indirectly concern youth sexuality. This framework
does not limit itself to biological aspects of sex and sexuality, but also integrates the influence of values,
emotions, culture and gender equality on adolescent sexual health and development. Psychological
aspects such as body image, peer influence and help-seeking are also addressed with young people.
CSE has been implemented in various developed and developing countries as it was designed to be
globally applicable and easy to adapt to different contexts. It can be delivered in both in-school and
out-of-school settings. Acquisition of the knowledge and skills of the CSE is staged across four age-
groups, that are, 5-8 years, 9-12 years, 12-15 years and 15-18+ years (UNESCO, 2018), and the learning
objectives are matched to the cognitive and maturity levels of the students. The content can also be
adapted to suit the needs of students with learning disabilities.
The content of sexuality education is as important as the way it is delivered to young people. Innovative
pedagogical approaches and trained educators can allow students to engage better with the content
and apply what they learn in their daily lives. A review on high-quality studies regarding CSE
(Montgomery & Knerr, 2016, p.14)33 noted that its delivery was more effective when lectures and
information sessions at school were enhanced through other modes such as “role plays, quizzes or
competitions, skills-based sessions (such as correct condom use), condom provision, drama or songs,
‘information kiosk’, anonymous question box, printed materials, festivals and group work”. In addition,
a study by Pound and colleagues (as cited in Montgomery & Knerr; 2016, p.29) also came up with a list
of characteristics that young people preferred in sex educators, which included:
• “Knowledgeable;
• Has expertise in sexual health;
• Professional;
• Specifically trained in [sex and relationship education];
33
Montgomery, P. & Knerr, W. (2016). Review of the Evidence on Sexuality Education. Report to inform the update of the
UNESCO International Technical Guidance on Sexuality Education. Paris: UNESCO.
This review (Montgomery & Knerr, 2016) revealed that CSE programmes implemented across different
countries contributed to delaying the onset of sexual intercourse and reducing its frequency among
adolescents, decreasing the number of sexual partners of teenagers, diminishing risk-taking and
irresponsible sexual behaviours, and increasing the use of contraception, mainly condoms. CSE was
found to be more impactful when it displayed sensitivity to gender issues; was school-based along with
the involvement of parents, teachers, health professionals and other youth-related services; and
promoted more choices to young people including abstinence from or delaying sexual activity and
contraception. Moreover, this paper (Montgomery & Knerr, 2016) challenged the misconception that
sexuality education increases sexual activity among young people. It rather substantiated that this
awareness led to more responsible sexual attitudes and behaviours among adolescents.
Although sexuality education is a necessary step in promoting the sexual and reproductive health of
adolescents, it cannot on its own prevent teenage pregnancy which is a complex and multi-layered
phenomenon. A holistic and multi-stakeholder approach that could address various risk factors of
teenage pregnancy such as poverty, promiscuity, family-related problems, social and cultural pressures
and child sexual abuse would be more effective. Youth’s access to sexual health and counselling services
must also be encouraged and facilitated by the State and civil society organisations.
It is important to gauge the extent of teenage pregnancy and adolescent parenthood cases across the
Republic of Mauritius to be better able to prepare and implement relevant national policies and action
plans effectively. Stakeholders such as the Ministry of Health and Wellness and local NGOs working
with pregnant teenagers and adolescent mothers such as MFPWA, MAM and AF could combine their
records into a centralised database so that all necessary information on these targets groups could be
derived from a single source. This database can have the advantage of accounting for harder-to-reach
cases that are often more easily detected by NGOs than through formal mechanisms. This platform
could be steered by a multi-stakeholder national committee with governmental, non-governmental and
private sector representatives designed to prepare comprehensive interventions for these vulnerable
adolescents, to track their progress and to monitor the local situation and national trends on teenage
pregnancy and adolescent parenthood.
More in-depth, rigorous and longitudinal local studies on topics such as the causes and long-term
effects of teenage pregnancy and adolescent parenthood, the effectiveness of sensitisation
programmes with pregnant teenagers and adolescent mothers, or the experiences of these adolescents
regarding their pregnancy or motherhood, among others, are warranted. The outcome of these studies
can provide further quantitative and qualitative information on these target groups and improve the
design of national prevention and response strategies in these areas.
CSE, as described in sub-section 2.4.2 of the present document, could be contextualised and
implemented in all primary and secondary schools of the Republic of Mauritius. Along with sex
educators, parents and other relevant stakeholders such as health professionals could become active
partners in the execution of the CSE curriculum and support educational outcomes for the young people
at home and in community settings. This multi-stakeholder collaboration in youth sexuality education
can improve the frequency and quality of parent-child dialogues on this topic and challenge myths and
taboos on the sexual and reproductive rights of young people.
The Committee on the Rights of the Child (2003, para.27) emphasises the need
to educate adolescent girls on the risks of early marriage and pregnancy:
Adolescent girls should have access to information on the harm that early marriage and early
pregnancy can cause, and those who become pregnant should have access to health services
that are sensitive to their rights and particular needs. States parties should take measures to
reduce maternal morbidity and mortality in adolescent girls, particularly caused by early
pregnancy and unsafe abortion practices, and to support adolescent parents. Young mothers,
especially where support is lacking, may be prone to depression and anxiety, compromising
their ability to care for their child. The Committee urges States parties (a) to develop and
implement programmes that provide access to sexual and reproductive health services,
including family planning, contraception and safe abortion services where abortion is not
against the law, adequate and comprehensive obstetric care and counselling; (b) to foster
positive and supportive attitudes towards adolescent parenthood for their mothers and fathers;
and (c) to develop policies that will allow adolescent mothers to continue their education.
Young people need to feel reassured that services made available to them regarding their sexual and
reproductive health needs are attentive to their concerns and ensure their privacy and confidentiality.
There is no doubt that, in cases of minors under the age of sexual consent (i.e. 16 years), authorities
have to inform parents on the illegality of their young person’s sexual activity and take the necessary
follow-up actions. Adolescents of 16 and 17 years of age are still minors, but allowed by local law to
engage in consensual sexual activity with partners of 16 years and above. It is important that health or
other services working with 16- and 17-year-olds deal sensitively with them regarding their sexual
needs and access to contraception, and empower them with accurate information to build their
capacity to make responsible decisions on sexual relationships.
Research has shown that factors such as living in poverty or low-income households and being exposed
or victim of family instability (refer to sub-sections 2.3.3.1 and 2.3.3.2 of the current chapter) can
increase the risks of early onset of sexual activity and teenage pregnancy. It is important that all relevant
stakeholders ensure that such factors are being addressed and families supported to mitigate adverse
consequences for young people. The Committee on the Rights of the Child (2003, para.12 (a & b))
emphasised the need to empower parents in supporting their adolescents’ rights as follows:
The Committee calls upon States parties to develop and implement, in a manner consistent with
adolescents’ evolving capacities, legislation, policies and programmes to promote the health and
development of adolescents by
(a) providing parents (or legal guardians) with appropriate assistance through the
development of institutions, facilities and services that adequately support the well-being of
adolescents, including, when needed, the provision of material assistance and support with
regard to nutrition, clothing and housing (art. 27 (3));
(b) providing adequate information and parental support to facilitate the development of a
relationship of trust and confidence in which issues regarding, for example, sexuality and
sexual behaviour and risky lifestyles can be openly discussed and acceptable solutions found
that respect the adolescent’s rights (art. 27 (3)).
➢ Child marriage is not an option: It is unacceptable to coerce a child into marriage as a way to
‘resolve’ a teenage pregnancy situation. This mentality has to be challenged within the society
through awareness campaigns, dissemination of research evidence and appropriate law reforms.
Many adolescents are not prepared to live as a couple or to take up parental responsibilities. This
may also result into the newborns facing difficult beginnings such as maltreatment or being
removed from their parent’s care.
➢ Compulsory education for all until the age of 16: Teenage pregnancy is often linked to high
dropout rates from school. Teenage mothers attain low educational level which inevitably impacts
on the socio-economic aspect of their family. It must be ensured that the right to education of
pregnant girls and adolescent mothers under 16 years old are promoted and these young people
should be supported to attend school as far as possible until the age of 16. Schools should be
sensitised to become more compassionate and accepting environments for these young girls. By
fear of ‘bad influence’ or ‘disrepute’, some schools might become a source of discrimination by
not allowing these girls to come to school or sending them home due to their pregnancy. When
resuming school following child birth, the concerned authorities and school communities should
work together to enable the mothers to fulfil their right to education along with upholding the
rights of their newborn to good nutrition (e.g. through breastfeeding), love and care among
others. Psychological support would be necessary for both the mother and her child. A gap year
from school, the use of outreach tutoring or distance education facilities for teenage mothers
could also be considered within future educational reforms.
➢ Parental controls on access to adult material on the media: Media has a massive influence on
the sexuality of adolescents. Nowadays, through computers, tablets, smart phones and internet
television sets, adolescents have easier, and sometimes unrestricted, internet access to explicit
sexual content, sexual violence and even pornographic material. Exposure to these inappropriate
visual contents largely affects the teenagers’ perception of and attitudes towards sexuality.
Parents should be educated on exercising their authority and placing appropriate controls on the
use of these electronic devices and the internet. Open dialogues on sexuality between parents and
their young person remain an important way of preventing secretive online behaviour and early
sexual activity.
34
Ombudsperson for Children’s Office (2018). Annual Report 2017/2018: Making rights a reality for every child of the
Republic of Mauritius. Mauritius: Author. Retrieved on 20 August 2020 from oco.govmu.org/English/Documents/
Annual%20Reports/Ombudsperson%20AR%202017-2018.pdf
CHAPTER 3
Parental Alienation:
Children Have a
Fundamental Right to a
Healthy Relationship with
Both Parents
3.1. Introduction
Why would a child express rejection towards one of his/her parents? Explanations might vary across
theories and family and cultural contexts. Some examples of manifest situations that might lead a child
to having a rejecting attitude towards a parent could be an intense conflict between a child and a
parent, a parent failing to understand his/her child’s feelings and needs, developmentally normal
defiant reactions of a pre-adolescent or adolescent towards a parent, or even a child being victim of
abuse by a parent (Lund, 1995)35. Nonetheless, there exist less obvious but damaging forms of parental
rejection, and one such phenomenon is known as parental alienation (PA). The latter commonly
involves one parent psychologically and emotionally manipulating the child to show resentment,
hostility, unwarranted fear or contempt mainly towards the other parent and/or the grandparent(s).
It is widely acknowledged that a child needs both parental figures for his/her proper development. Each
parent plays crucial and unique roles in the child’s physical, psychological, emotional and social growth.
Irrespective of their relationship status, both the father and the mother have a responsibility to put the
best interests of their child(ren) first. Article 18(1) of the Convention on the Rights of the Child (UN,
1989)36 on ‘parental responsibilities’ states that
States Parties shall use their best efforts to ensure recognition of the principle that both parents
have common responsibilities for the upbringing and development of the child. Parents or, as the
case may be, legal guardians, have the primary responsibility for the upbringing and development
of the child. The best interests of the child will be their basic concern.
However, in circumstances where there is conflict between the parents or if they are separated or
divorced, children often tend to suffer the most. In many of these cases, children may be subject to PA
by a manipulative parent. Since PA goes against the core principles of the UNCRC and involves
emotional abuse by one parent which is detrimental to the health and development of the child, it can
35
Lund, M. (1995). A therapist's view of Parental Alienation Syndrome. Family and Conciliation Courts Review, 33(3), 308-
316.
36
United Nations (1989). Convention on the Rights of the Child. Geneva: Author.
In the current chapter, the concept of PA is first explained in more details. An analysis of how PA impacts
on the fundamental rights of children is then presented. Next, an attempt is made to scope the potential
extent of PA in the Republic of Mauritius. Finally, some recommendations with regards to raising
awareness on PA locally are proposed.
The theory of parental alienation (PA) was first introduced by Dr. Richard Gardner, a child psychiatrist
who specialised in child psychotherapy, parental matters and child custody evaluation. Gardner
(2002)40 coined the term “Parental Alienation Syndrome” after having conducted several studies and
worked extensively with families over 25 years. However, even if there is some controversy around the
term “Parental Alienation Syndrome” because it is not listed as a formally recognised mental health
37
“Child maltreatment is the abuse and neglect that occurs to children under 18 years of age. It includes all types of physical
and/or emotional ill-treatment, sexual abuse, neglect, negligence and commercial or other exploitation, which results in
actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of
responsibility, trust or power”. Source: World Health Organisation (2020). Child Maltreatment. Retrieved on 25 August 2020
from www.who.int/news-room/fact-sheets/detail/child-maltreatment
38
For the children (n.d.). Parental Alienation Awareness Day – April 25th: Together we can make a difference. Retrieved on
25 August 2020 from www.paawarenessday.com.
39
United Nations (n.d.). Global Day of Parents: 1 June. Retrieved on 25 August 2020 from www.un.org/en/observances/
parents-day
40
Gardner, R. A. (2002). The Parental Alienation Syndrome: Past, Present, and Future. Retrieved on 25 August 2020 from
richardagardner.com/ar22
condition, the concept of PA is widely used and accepted, especially among mental health and legal
professionals involved in child custody cases.
As illustrated and described in the diagram below, a parental alienation scenario usually involves three
main actors – the alienator or alienating parent, the alienated parent and the child who has been
programmed (Healthline, 2019)41.
The alienator/alienating
parent:
the parent (often the custodial
parent) who incites the alienation
or denigration of the other parent
with the child
In PA situations, often the parent who has the primary responsibility of the child withholds the latter
physically and/or emotionally from the other parent without any justification. PA can be unintentional
or intentional, but the child is always caught in the middle. For instance, a parent may unknowingly
affect a child’s views of the other parent by speaking negatively about the latter and his/her family, by
sharing details of the divorce with the child, or by pressurising the child to choose between him/her or
41
Healthline (2019). What Is Parental Alienation Syndrome? Retrieved on 25 August 2020 from www.healthline.com/
health/childrens-health/parental-alienation-syndrome#signs-and-symptoms
the other parent (Vacca, 2018)42. When PA is intentional, the child, most of the time, undergoes
systematic brainwashing and manipulation by the alienating parent whose main purpose is to destroy
the relationship they once shared with the other parent (EachOther, 2019)43. The child is made to
believe that their relationship with the alienated parent is detrimental and harmful. As a result, the
child may refuse any contact with that parent. The child may also show signs of disrespect, resentment,
aggression, hostility and even unwarranted fear towards the latter (Hammond, 2018)44. In many cases,
the alienation extends to the alienated parent’s family, including grandparents, and friends.
There is a general understanding that PA may occur in three different degrees (Heitler, 201945;
PsychLaw, 201846):
• Mild PA: The child has contact with the alienated parent and criticism against the latter from
the alienating parent is subtle. When, in the company of the alienated parent, the child can still
enjoy the relationship.
• Moderate PA: The child is reluctant and shows resistance to meet or spend time with the
alienated parent. This happens mostly because the alienator paints a negative picture of the
alienated parent.
• Severe PA: The child rejects any contact with the alienated parent. The alienator has
brainwashed and manipulated the child in such a way that the child has a very bad opinion of
the other parent.
Furthermore, Hammond (2018) drew attention to child-induced alienation (CIA), which may resemble
PA, but actually is not. In CIA, the child consciously chooses to avoid contact or bonding with a parent
because he/she might have been victim or witness of neglect, traumatic events, abandonment or
42
Vacca, A. (2018). How to avoid unintentionally alienating your children from their other parent. Retrieved on 25 August
2020 from www.newyorkdivorcelawyerblog.com/how-to-avoid-unintentionally-alienating-your-children-from-their-other-
parent/
43
EachOther (2019). Parental alienation: Courts ensure children won’t be caught in the middle. Retrieved on 25 August 2020
from eachother.org.uk/parental-alienation-court-initiative-ensures-children-wont-be-caught-in-the-middle/
44
Hammond, C (2018). What parental alienation is and is not. Retrieved on 25 August 2020 from pro.psychcentral.com/
exhausted-woman/2018/08/what-parental-alienation-is-and-is-not/
45
Heitler, S. (2019). Parental alienation: What therapists need to know. Retrieved on 25 August 2020 from
www.psychologytoday.com/us/blog/resolution-not-conflict/201909/parental-alienation-what-therapists-need-know
46
PsychLaw (2018). Are there different degrees of parental alienation? Retrieved on 25 August 2020 from psychlaw.net/
are-there-different-degrees-of-parental-alienation/
different types of abuse (e.g. verbal, physical, emotional, mental or sexual), despite attempts by
significant others to improve the affected parent-child relationship. Nevertheless, there are some
situations where a child might still want a relationship with an abusive parent, and the other parent
prevents this from happening as a way to protect the child from any further harm.
As mentioned in the sub-section 3.2.1, the alienator can use different strategies to foster a child’s
rejection of the other parent and four common ones are explained below, though this list is not
exhaustive:
o disclosing unnecessary details of the divorce or separation to the child, for examples, affairs
or aspects of the divorce which only concern the adults;
o blaming the alienated parent for the separation or divorce;
o constantly criticising the alienated parent through attacking his/her lifestyle or character;
o blaming the targeted parent for financial problems;
o making the child think that the other parent does not love him/her; and
o making the child feel guilty for loving the other parent or wanting to spend time with him/her.
2. The alienator limits the child’s contact with the other parent.
The alienator devises ways for the child to spend limited time with the alienated parent, such as by:
o not allowing the child to see or talk to the other parent while telling the child that the latter
is either busy or uninterested in him/her;
o leading the child to believe that visits with the other parent as ordered by the Court are
optional in cases of divorce;
o frequently bending or breaking custody guidelines arranged inside or outside of Court;
o insisting that their underaged child, who cannot form or express his/her own views, does not
want to go to the other parent’s house, even if there is a Court Order;
o planning alluring activities that coincide with the other parent’s visitation times so that the
child would not want to go with the alienated parent;
o not allowing the child to move freely between both parents’ households;
o not allowing the child to speak freely or express their love for the other parent; and
o exerting control on the child’s interactions with the other parent (e.g. confiscating the child’s
phones or other communication devices).
In doing so persistently, the alienator eventually aims to eliminate the other parent from the life of
the child.
3. The alienator excludes the other parent from the child’s important life decisions and events.
The alienator ensures that the alienated parent is excluded from important information, decision-
making processes, key events and milestones regarding the child, by, for instance, deliberately:
o not disclosing or sharing details with the other parent regarding the child’s medical records,
planned activities, educational activities, parent-teacher meetings, report cards or
developmental milestones; and
o not involving the alienated parent in major decisions involving the child, such as a change in
school.
4. The alienator spies on the child’s communication with the other parent and extracts
information that can be used against him/her.
The alienator monitors communications between the alienated parent and the child to get
information that he/she could use to portray the other parent in a negative light in the eyes of the
child. He/she may even influence the child to extract specific information from the other parent.
Some examples are:
• encouraging the child to ask the alienated parent inappropriate questions so that the
alienator may learn about the other parent’s activities; and
• listening in during phone conversations between the alienated parent and the child and
reading letters, emails and text messages sent to the child by the other parent.
Dr Gardner (1998)47 proposed eight symptoms or behavioural indicators, as described below, that a
child can manifest when he/she is subject to parental alienation (PA), and these were validated by Baker
and Damall (2008)48 with a sample of 68 parents who reported to be severely alienated by their ex-
spouses from their children:
1. A campaign of denigration
The child does not acknowledge that he/she once had positive experiences with the alienated parent.
The love and affection which the child used to feel for the alienated parent turn into hate and fear
and he/she starts to denigrate the alienated parent.
47
Gardner, R. A. (1998). The Parental Alienation Syndrome: A Guide for Mental Health and Legal Professionals. US: Creative
Therapeutics.
48
Baker, A. J. L. & Damall, D. C. (2008). A construct study of the eight symptoms of severe parental alienation syndrome: A
survey of parental experiences. Journal of Divorce and Remarriage, 47(1-2), 55-75.
by demonstrating an “automatic, reflexive, idealised support” (Baker, 2008)49 towards the alienating
parent.
5. Borrowed scenarios
A child who is alienated often uses phrases and stories commonly uttered by the alienator. The child
will make accusations towards the alienated parent and use certain ideas and words that he/she does
not appear to understand or that he/she cannot explain in details.
49
Baker, A. J. L. (2008). Parental Alienation Syndrome — The Parent/Child Disconnect. Social Work Today, 8(6), 26.
During parental separation or divorce situations, more often than not, children are exposed to highly
conflictual situations which inevitably impact on their emotional, psychological and social development
both in the short-term and the long-term. With the added layer of parental alienation (PA), the child
may hold on to the “false belief that the alienated parent is dangerous and unworthy” (Kruk, 2013)50,
which, sometimes, children may generalise to how they perceive the world and their future adult
relationships. The effects of PA on children may be diverse based on, for instance, the degree, frequency
and length of the alienator’s abuse. Some examples that are commonly reported in PA literature are
presented as follows (Baker, 200551; Baker & Damall, 2008; Gardner, 1998; National Parents
Organization, n.d.52):
• Depression;
• Low self-esteem and confidence;
• Anxiety and panic attacks;
• Phobias;
• Lack of trust in themselves and others;
PSYCHOLOGICAL • Excessive feelings of guilt and isolation;
EFFECTS • Substance abuse;
• Anti-social behaviour;
• Obsessive compulsive disorders;
• Clinging and separation anxiety;
• Sexual identity problems;
• Eating disorders, etc.
• Sleep disturbances;
PHYSICAL EFFECTS • Loss of appetite;
• Physical injuries, etc.
• School problems;
• Relational problems and conflicts with family members and
SOCIAL EFFECTS siblings;
• Peer relationship difficulties, etc.
50
Kruk, E. (2013). The impact of parental alienation on children: Undermining loving parent-child relationships as child
maltreatment. Retrieved on 26 August 2020 from www.psychologytoday.com/us/blog/co-parenting-after-
divorce/201304/the-impact-parental-alienation-children#:~:text=The%20severe%20effects%20of%20parental,accept%20
love%20from%20a%20parent.
51
Baker, A. J. L. (2005). The long-term effects of parental alienation on adult children: A qualitative research study. The
American Journal of Family Therapy, 33, 289–302.
52
National Parents Organization (n.d.). Parental alienation causes short and long-term damage to children. Retrieved on 26
August 2020 from nationalparentsorganization.org/blog/9486-parental-alienation-9486
Parental alienation (PA) may affect and even violate children’s rights enshrined by the Convention on
the Rights of the Child (UN, 1989; refer to Appendix E), as presented in the table below:
Article of the UNCRC (ctd) How may PA affect this right? (ctd)
Article 7: Registration, name, nationality and care
• All children have the right to a legally • PA violates the right of the child to be cared
registered name, to a nationality, to know for by both of his/her parents because the
and, as far as possible, to be cared for by alienator pursues the aim of removing the
their parents. other parent from the child’s life.
• The alienated parent is also obstructed by
the alienator to create opportunities for the
child to get to know him/her in a positive
way and reinforce their relationship.
Article of the UNCRC (ctd) How may PA affect this right? (ctd)
Article 10: Family reunification
• The State has a responsibility to respond to • Most of the time, the alienating parent has
applications from a child or his/her parents the primary responsibility of the child. In
to live together in the same country. If a circumstances where the alienated parent
child’s parents live apart in different States, lives in a different country, it might become
the child has the right to visit and keep in easier for the alienator to limit
contact with both of them. communications and maintain physical and
emotional distance between the child and
the other parent. The alienator’s strategies
incite the child to refuse visits and contact
from the other parent living abroad.
Article of the UNCRC (ctd) How may PA affect this right? (ctd)
Article 18: Parental responsibilities
• Both parents share responsibility for • The alienating parent’s strategies to
bringing up their child, and should always estrange the child from the other parent
consider what is best for the child. make it highly challenging or almost
According to the UNCRC, State Parties impossible for the alienated parent to
should respect the responsibility of parents participate in the child’s upbringing.
for providing appropriate guidance to their Decisions about the child are monopolised
children. by the alienator, hence violating the right of
the child to have both parents contribute to
his/her development.
The Republic of Mauritius has ratified the UNCRC in 1990 and has committed itself to fulfil the
fundamental rights of all children. Although the provisions of the UNCRC have not yet been
domesticated, or enacted within local legislation, our country acknowledges the important roles of both
parents in the overall development and protection of their child, as stated in articles 371-2 and 371-4
of the Code Civil Mauricien:
371-2. L’autorité appartient aux père et mère pour protéger l’enfant dans sa sécurité, sa santé,
sa moralité. IIs ont à son égard droit et devoir de garde, de surveillance et d’éducation.
371-4. L’enfant a le droit d’entretenir des relations personnelles avec ses ascendants. Seul l’intérêt
de l’enfant peut faire obstacle à l’exercice de ce droit. Si tel est l’intérêt de l’enfant, la Cour
Suprême fixe les modalités des relations entre l’enfant et un tiers, parent ou non.
Parental alienation (PA) is a poorly recognised and understudied concept within our national context
and there currently exists no local policies or laws that refer to this matter. PA occurs most frequently
in family situations where parents are either separated or divorced. Referring to Gender Statistics on
divorce in the Republic of Mauritius over the last three years (Statistics Mauritius, 201753, 201854,
201955), an increase in the number of divorce cases has been noted between the years 2017 and 2018,
as shown in the table below. From 2017 to 2019, an average of 64.2 per cent of divorce cases involved
at least one child who was dependent on one of the divorcees when the divorce petition was filed.
53
Statistics Mauritius (2017). Gender Statistics – 2017. Mauritius: Ministry of Finance, Economic Planning and Development.
Retrieved on 27 August 2020 from statsmauritius.govmu.org/English/Publications/Documents/2018/EI1398/
Gender_Stats_Yr17.pdf
54
Statistics Mauritius (2018). Gender Statistics – 2018. Mauritius: Ministry of Finance, Economic Planning and Development.
Retrieved on 27 August 2020 from statsmauritius.govmu.org/English/Publications/Documents/2019/EI1466/
Gender_Stats_Yr18.pdf
55
Statistics Mauritius (2019). Gender Statistics – 2019. Mauritius: Ministry of Finance, Economic Planning and Development.
Retrieved on 27 August 2020 from statsmauritius.govmu.org/English/Publications/Documents/2020/EI1533/
Gender_Stats_Yr19.pdf
A parental divorce or separation, especially when it involves overt conflicts and animosity between
parents, can be a traumatic experience for children. They may experience mixed feelings like shock,
anger and guilt and blame themselves for this situation. They can also often be victim of unintentional
or intentional parental alienation as explained in sub-sections 3.2.1 to 3.2.3 of the present chapter.
Given the significant impact of PA on the upbringing, development and rights of the child (refer to the
current chapter’s sub-sections 3.2.4 and 3.3), it is necessary to increasingly sensitise everyone on this
phenomenon.
In the years 2018 and 2019, the Ombudsperson for Children (OC) carried out a sensitisation campaign
entitled “Say no to Parental Alienation: Children deserve the love of both their parents” in 35 Citizens
Advice Bureaux across the island of Mauritius and in Rodrigues. The main objective of this action was
to promote the right of children to have a loving and nurturing relationship with both parents,
irrespective of whether they were separated or not. During the campaign, it became clear that people
were not aware of the concept of parental alienation (PA). When they understood what it meant, some
parents related their own experiences of having been victims of PA or shared that they were aware of
cases of PA in their wider family or neighbourhood.
Throughout the year, the Ombudsperson for Children’s Office (OCO) registers many complaints related
to family conflicts that affect the rights and well-being of the children involved. For instance, these
complaints might be related to
Over the last 3 reporting years from July 2017 to June 2020, a total of 161 investigations related to
complaints on family conflicts have been carried out at the OCO, as broken down in the table below.
In family conflict cases, the OC generally uses the method of mediation, as mandated by section 7(3)
(a) of the Ombudsperson for Children Act (OCA) 2003, to resolve disputes related to the rights of the
child. The conflicting parties are convened together at the OCO to reflect on the matter in an
independent and objective manner, and to place the best interests of the child at the heart of any
recommendations or decisions. Based on observations and analyses of such cases, the OC often notes
the likely presence of parental alienation.
For the same period (i.e. from July 2017 to June 2020), the OC also received a total of 90 complaints
from parents whose court cases were still ongoing in relation to matters of divorce, child custody or
Variation Orders, amongst others. However, as stated in the section 7(4) of the OCA 2003, “[t]he
Ombudsperson for Children shall not investigate any case which is pending before any Court but may
refer any child involved in such a case to the Ministry for advice, assistance or counselling”. These
complaints were referred on to the Ministry of Gender Equality and Family Welfare for appropriate
actions. In one of these complaints, a divorced father had written to the OC on the turmoil that he was
experiencing in a child custody case in court. Although the OC could not intervene in his case and
referred it to the Child Development Unit, she felt that this written complaint provided a powerful
picture of a potential case of parental alienation. An extract of this parent’s letter is provided below:
“As a father, divorce is still to date the most difficult experience I had to deal with in my entire life.
The first stages of divorce were traumatizing but I always believed that there will be light at the
end of the tunnel...I put all my faith in our legal system and mostly in the lawyer who defended my
case. I always believed that justice is fair and equal.
I was new to Court and unsure how court cases evolve, but the pressure of finishing with my case to
start another seemed to be more important to court. No time was given to explain anything. The
judge asked my ex[-wife] and me with our lawyers to step outside Court to decide on [the] custody
for [the] kids. We had about 10 minutes to decide everything about [the] custody of [our] kids. My
lawyer pressed me to accept “tort partage” as he scared me with lots of problems that will follow if
I maintain my stand of innocence.
The [number] of mistakes on the Court Order [was] amazing and my lawyer just induced me in
error as he was in a hurry to file my case. I never knew we had to write every single detail in the
order, for example, [we had to decide],
• [On] all public holidays, who [would] get [the] kids and what time [they should be] pick[ed]
up and drop[ped];
• Who [would] pick up [the] children and who [would] drop them;
• Who [would] get them on birthdays;
• Who [would] get them on Christmas and New year and when; [and]
• Who [would have] the kids from weeks 1-4, but we forgot week 5.
[extract continued]
Court needs to be more flexible as we are dealing with young children and lawyers need to advise
and see to it that children have a fair share of living with both parents as they are the ones who
suffer more. In my Court Order it says: “father to pick up…” I was working on one weekend and
asked my parents to pick up the children. They were refused by my ex[-wife], as [the] Court Order
says ‘father to pick up’ and not grandparents. I tried to get a correction via my attorney, but no
chance. I had to pay my attorney and apply for a Variation Order and it’s been nearly 3 years and
the case is still in court. My children are still paying a heavy price for no fault of theirs.
Before my divorce I believed in shared parenting and even quit my job after my son was 4 months
old to stay [at] home, to allow my wife to continue advancing in her career. In 2013, I unexpectedly
faced [a] divorce, even when I sacrificed big potential earnings for the welfare of my family. I felt
ashamed to ask for alimony or child support as I was so affected that I could not concentrate in my
job. To date, I am still struggling to get a decent child custody arrangement that will provide me
with sufficient parenting time with my children as I want to give them the best opportunities in life.
It is important to get in touch with a good and reputable divorce lawyer who focuses on children’s
rights. They can help parents navigate the ins and outs of the divorce process and give them the
resources [they] need to educate themselves about the intricacies of family law. Unfortunately, I
was given the wrong advice that eventually made me lose most of my rights as a father and to date
I still suffer and yearn to gain access to my children and participate in their education.
Many divorced fathers believe child custody laws are biased against them in favour of mothers. As
a divorced father, I was told right at the beginning that I was less likely to receive primary custody
of my children and therefore, more likely to be ordered to pay monthly child support. Ideally, those
child support payments would be used to ensure all the necessary expenses required to provide for
a child to be taken good care of.
[extract continued]
In reality, this is not the case. My children hardly enjoy their alimony and I have to buy most of their
necessities as there is no control of how much is spent on them. The alimony I actually pay to my
ex[-wife] is being used to pay for the huge legal cost that my ex[-wife] has in Court and hardly any
is spent on the children. There’s no accountability [on] how this money is used for my children. Many
times, the mother would send my children in torn clothes or clothes that don’t fit, when confronted
she would text, “when they come to your house, make them wear good clothes then”.
I have numerous cases in Court but the waiting time is very long. The amount of time the court
takes is ridiculous, I cannot to date take any decisions concerning my child as I am still waiting to
know if I will be granted custody or not.
Multi-stakeholder sensitisation campaigns on the concept of parental alienation (PA) and its signs,
symptoms and effects on children could be jointly organised by relevant governmental and parastatal
bodies as well as civil society organisations working with children and families. The sensitisation
campaigns could be designed based on the needs of different target groups such as children, parents,
law professionals, medical staff, mental health professionals, social workers, child protection officers,
probation officers, teachers and the police. Our country could also consider to celebrate the Parental
Alienation Awareness Day on April 25th on a national scale to disseminate information on this
phenomenon to the public at large.
Rigorous and long-term local research on the effects of PA on children and families and the experiences
of the alienator, the alienated parent and the children involved should be studied. So far, cases of PA
have been dealt on a case-by-case basis, rather than as a societal issue with considerable social, public
health and economic consequences for our country. Research and collection of national statistics on PA
are also necessary so that policies and laws could be enhanced to prevent and address this specific
phenomenon.
The effects of PA are no less damaging than those produced by child abuse, neglect or exploitation.
Along with increasing the public’s awareness and doing research and data collection on PA, it is
proposed that this phenomenon could be recognised in child-related legislation as a form of child
maltreatment and considered as a punishable offence by a Court of Law.
Educational programmes could be developed for parents who are deciding to separate from or divorce
each other. Their main aim could be to provide information and advice to parents on how they should
deal with their children in the context of a separation or divorce. For instance, the parents can be
educated on how to maintain clear boundaries between their adult conflicts and their relationship with
the children, and on the need to give primary consideration to the best interests of their children in all
decisions. They could also learn about the concept of PA and its negative impact on children. These
programmes could also offer parents the knowledge and skills to navigate the Court system and to
consider alternative dispute resolution strategies.
PA can at times be hard to prove in a Court of Law. As explained in sub-section 3.2.2 of the current
chapter, the alienating parent can go to considerable lengths to exert control on the child’s movements,
wishes and views relative to the other parent, often without the child’s conscious realisation. In order
to minimise the undue influence of the alienating parent on the child’s views and wants during court
proceedings, and to prevent violation of the child’s right to express his/her views freely according to
article 12 of the UNCRC, a Family Court Adviser, who is well trained in child psychology, children’s rights
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and child custodial issues, could be appointed for these purposes. This professional would build rapport
with the child and assess the latter’s needs, wishes and feelings in relation to his/her parents’ divorce.
He/she could also accompany the parents and their child throughout the court proceedings to ensure
that the rights of the child are being given due consideration by the parents.
CHAPTER 4
Strengthening the Safety
Net to Protect Children of
Résidence Anoska from All
Forms of Abuse through
the Dynamic Partnership
Between Community
Members and Child
Professionals
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4.1. Introduction
“One billion children globally experience some form of emotional, physical or sexual violence every year;
and one child dies as a result of violence every five minutes” (United Nations [UN], n.d.)56, a shocking
reality for all of us. Children are the most vulnerable human beings and we cannot expect them to be
responsible for their own needs and safety. Every adult has an undeniable duty to protect any child
from harm and educate the latter on his/her safety. However, some adults in the world fail to
understand this simple fact and create circumstances that expose children to various forms of abuse
and neglect. One of the targets of the Sustainable Development Goal 16 is to “end abuse, exploitation,
trafficking and all forms of violence against and torture of children” by 2030 (UN, 2016)57. A challenging
undertaking indeed, but not impossible if the necessary interventions from all relevant stakeholders
are carried out at national, regional and international levels in a targeted, intensive, timely and efficient
manner. It is important to note that the Republic of Mauritius is one of the ratifying countries of the
Convention on the Rights of the Child (UN, 1989)58 and it has made a commitment to safeguard children
from all forms of harm as per article 19(1) of this Convention:
States Parties shall take all appropriate legislative, administrative, social and educational
measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect
or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of
parent(s), legal guardian(s) or any other person who has the care of the child.
Recently, we were moved by the cases of sexual abuse against two siblings of 3 and 9 years old
respectively in Résidence Anoska, which stirred debates on the local mechanisms in place to respond
to children in distress on the field. There are no single, miraculous solution to ending this complex and
multi-layered phenomenon of child abuse. Real and sustainable change will lie in nurturing the synergy
and collaboration among all relevant stakeholders and tightening the safety net around children,
56 United Nations (n.d.) Violence against children. Retrieved on 07 July 2020 from sustainabledevelopment.un.org/topics/
violenceagainstchildren
57 United Nations (2016). Sustainable Development Goal 16: Target and indicators. Retrieved on 07 July 2020 from
sustainabledevelopment.un.org/sdg16
58 United Nations (1989). Convention on the Rights of the Child. Geneva: Author.
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tightening the safety net around on child abuse and potential barriers to reporting on
abuse perpetrated against children are described. Then,
children, especially those living
the activities carried out before, during and after a two-
in deprived regions…”
day networking forum, that was organised by the
Ombudsperson for Children’s Office with community
~ R. Venkatasawmy,
members living in Résidence Anoska and professionals
Ombudsperson for Children
working with children of this locality, are presented in
details.
ANYONE CAN BE A WHISTLE-BLOWER ON CHILD ABUSE. As a general rule, everyone who is determined
to have an adequate level of maturity has a responsibility to disclose any actual or suspected case of
child abuse. The diagram on the next page illustrates examples of whistle-blowers, who can be the
authorities, civil society organisations and different groups of people, at times, including children.
Firstly, the Child Development Unit (CDU) of the Ministry of Gender Equality and Family Welfare is the
authority responsible for handling child protection cases in the Republic of Mauritius. It operates a
hotline number, that is 113, to obtain confidential referrals from anyone expressing concerns on actual
or potential cases of child abuse and to intervene accordingly. Other institutions such as the Police and
the Brigade pour la Protection des Mineurs are also involved in identifying cases of children requiring
protection on the field and referring them to the CDU. The OCO is a human rights institution that
focusses on ensuring that the rights of our country’s children, including their right to protection from
all forms of violence, are being respected by all concerned stakeholders. Upon receipt of complaints or
on its own motion, the OCO can also investigate on whether all necessary actions to safeguard
children’s rights have been taken by the relevant authorities.
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Authorities
Civil Society
School staff
Organisations
Any
Parents and
professional
wider family
working with
relatives Whistle- children
blowers on
child abuse
Neighbours Children
Any
community Media
member
People involved in the care of children such as parents, wider family relatives, neighbours and any
community member can act as important whistle-blowers to provide first-hand information on actual
or potential child abuse. Furthermore, school staff as well as any professional working with children
(e.g. doctors, nurses, psychologists, therapists, social workers, etc.), who notice signs of abuse or obtain
a disclosure of abuse from a child, have the duty to report same to the authorities. Another category of
whistle-blowers is civil society organisations, including non-governmental and community-based
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organisations. They are often in close contact with members of the community, including children, and
can play an important role in flagging up potential cases of child abuse to the authorities.
In addition, the media can come across such cases on the field and relay information to the authorities.
Finally, children, especially those who have an adequate level of maturity and discernment, can act as
whistle-blowers. They can disclose abuse perpetrated against them or other children to a responsible
adult or to the authorities directly.
It is important to know that, according to section 39A(2) of the Criminal Code Act 1838 on ‘culpable
omission’, “any person who wilfully omits to provide to a person in danger such assistance as he could,
without any risk to himself or to a third party, provide to that person by his own intervention or by calling
for help shall be punished by a fine not exceeding 10,000 rupees and by imprisonment for a term not
exceeding 2 years”. In relation to child protection, it can be inferred that it is every citizen’s
responsibility to assist or seek help from relevant authorities for any child who is a victim or at risk of
abuse.
Different factors can become obstacles to reporting abuse perpetrated against children. Some potential
ones are proposed in the list provided on the next page. To better inform policies and interventions in
the protection of children from abuse, more in-depth and rigorous local research on barriers to
whistleblowing on child abuse could be considered.
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4.4.1. Rationale
Poor networking among relevant stakeholders can often make it easier for actual or potential abuse
against children to remain unidentified, unreported and undealt with. The Ombudsperson for Children
is mandated by section 6(l) of the Ombudsperson for Children Act 2003 to “advise the Minister on the
creation of partnerships with parents, teachers, non-governmental as well as governmental
organisations, local authorities and any other stakeholders committed to the promotion of children’s
rights”.
In this context and given the recent happenings regarding child abuse, the OCO organised a two-day
networking forum that was aimed at fostering partnerships in the protection of children against all
forms of abuse between active community members of Résidence Anoska and professionals working
with children of this region. The forum was entitled “Strengthening the safety net to protect children
of Résidence Anoska from all forms of abuse through the dynamic partnership between community
members and child professionals”. This activity was one attempt to bridge the gaps in understanding
and communication between these two stakeholder groups in the promotion of child protection.
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As the adage goes, failing to plan is planning to fail. This is why a fair amount of time was invested
within the preparations of the 2-day networking forum. The OC and her team, as well as the community
members of Résidence Anoska and the selected child professionals, were actively involved in planning
every single detail of the forum to ensure its relevance, smooth running and success. Several
preparatory meetings and visits were held in this process as outlined in the table below:
The preparatory meetings and activities carried out are described in sub-sections 4.5.1 to 4.5.10 of the
present chapter. The 2-day networking forum with community members and child professionals was
held on 12 and 13 August 2020 at Palms Hotel, Quatre Bornes, and is detailed in section 4.6.
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This was a preliminary meeting with different NGOs whereby the root causes of children living in
extreme poverty were identified and discussed. Many of them voiced their concerns on the
stigmatisation of the people living in areas such as Résidence Anoska. It was also noted that there
seemed to be a lack of coordination between the various institutions (both governmental and non-
governmental), and sometimes NGOs repeated similar work as their counterparts. The problem of
adequate housing had also been enunciated to be a risk factor for other issues within the family such
as child abuse.
Several representatives from different governmental bodies and NGOs who have previously worked
with children of Résidence Anoska were present at this meeting. Again, it was noted that coordinated
collaboration was lacking among these child professionals in their interventions within this locality.
Moreover, despite the significant and commendable work of the National Social Inclusion Foundation
(NSIF) and the National Empowerment Foundation (NEF) to help destitute and disadvantaged
individuals on the field, some of the attendees were still unclear, or even unaware, of their roles and
functions. Some professionals were of the view that there was a lack of trust among residents of
Résidence Anoska towards some governmental organisations.
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At the end of this meeting, all those present highlighted the necessity of the networking forum
proposed by the OCO. A representative from each of the organisations present was to be invited to the
forum. The idea of reinforcing the partnership between community members of Résidence Anoska and
the child professionals through clearly defined pairing activities was supported by everyone. It was also
decided that the OCO would organise a meeting with the inhabitants of Résidence Anoska on 28 July
2020.
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This interactive meeting was attended by a considerable number of inhabitants of Résidence Anoska
who showed a high level of interest in improving the safety of their children. The OC accompanied by
an Investigator from the OCO were welcomed by the Community Leader of the locality, Mr Joseph L.
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Pierre Louis (also known as Ricall). The OC motivated all those present to engage in the networking
forum and to become active protectors of the children of their locality from all forms of abuse. The OC
and the Investigator also explained the role of the OCO, and even quizzed the attendees on issues of
child protection. The residents, both young and old, participated actively and freely voiced out their
concerns and frustrations. They stated that they wanted to know more about the rights of children.
They expressed their willingness to be part of the networking forum.
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Mr Joseph L. Pierre Louis (left picture) and Mr. I. Bawamia (right picture) handing over tokens to participants during
an ice breaking activity.
The community members had the opportunity to express themselves on the various problems affecting their
children and families and the locality at large.
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there. She was apprised of several cases. For instance, in one particular family, 4 children had been
removed by the CDU, due to their deplorable housing conditions. The OC advised the family on practical
solutions to improve their living conditions and to be able to obtain custody of their children once again.
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Given that obviously not everyone in Résidence Anoska could attend the upcoming networking forum,
it was decided that 25 community members would be chosen to represent the wider community. Mr
Pierre Louis, Community Leader, supported the OCO in the identification and selection of these
members. Care was taken that this group of community members involved people from different age
groups and gender.
In order to create a community member-professional partnership model that can promote the
protection of children of Résidence Anoska from all forms of abuse, 25 professionals who would pair up
with each of the community members had to be selected. This selection was mainly based on the scope
and duration of the professional’s or his/her organisation’s activities with children and/or families of
Résidence Anoska. In other words, the professional or his/her organisation should have been actively
involved with this target group for at least a period of 6 months. The 25 professionals selected came
from the following 10 non-governmental organisations which met the above-mentioned criterion:
Action Familiale; ATD Quart Monde; DIS-MOI; Lovebridge; Mouvement d’Aide à la Maternité; Safire;
SOS Children’s Village; Ti Diams; Unlock Potential; and Youth for Human Rights.
In addition, it was planned that key representatives from governmental and parastatal bodies involved
in the protection of children would be invited to the networking forum, namely:
• Child Development Unit (CDU), Ministry of Gender Equality and Family Welfare;
• Early Childhood Care and Education Authority (ECCEA);
• National Empowerment Foundation (NEF);
• National Social Integration Foundation (NSIF);
• Mauritius Police Force (Brigade pour la Protection des Mineurs); and
• Ministry of Education, Tertiary Education, Science and Technology.
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The information to be imparted as well as strategies to be employed during the networking forum were
discussed with the child professionals during the second preparatory meeting. The OC clarified that one
of the functions of the networking forum would be to make the residents feel valued and to foster
respect for the community. The professionals discussed on the need to listen actively to the community
members during the forum and to be aware of their verbal and non-verbal communication towards
them.
The final details of the networking forum were refined with the child professionals. They were briefed
on the information they would have to gather from the community members during the pairing
exercise. They were divided in subgroups and were invited to critically analyse an information sheet to
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be filled during the forum. Ground rules when engaging with the community members during pairing
activities were also discussed with the professionals during this meeting (see Appendix F).
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The timetable for the 2-day networking forum was finalised by the OC and her team as follows:
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Ms S. Johaheer, Investigator,
opened the networking forum by
welcoming everyone and
explaining the rationale of this
event following the unfortunate
child sexual abuse incidents at
Résidence Anoska. She stressed
on how the OC evaluated the
need to reinforce partnerships
between the community
members of Résidence Anoska
and child professionals working
Ms Johaheer (left) and Ms Veeramootoo (right), OCO’s Investigators,
welcoming the audience
within this locality, in view of
reinforcing the safety net to
protect the children residing there from all forms of abuse. Ms Y. Runghapen-Veeramootoo,
Investigator, then provided an overview of the role and mandate of the OC as a promoter and protector
of children rights. She outlined the preparatory meetings and activities carried out with the various
stakeholders and community members to organise the networking forum.
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~ Mr J. L. Pierre Louis
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Nonetheless, he criticised some NGOs who appear to publicise their social work to the extent of
intruding the privacy of inhabitants. He also expressed his concerns on how some members of the press
create sensationalism out of news items from Résidence Anoska. He deplored the fact that no media
person enquired with him about the locality or what was being done within the community. He further
noted that the situation within many families of the locality is precarious and that their sufferings
appear to perpetuate to the next generation. Nonetheless, he acknowledged the tremendous efforts
that many inhabitants of the locality were making to improve their lives and that of their children.
In his address, Mr Pierre Louis appreciated the opportunity that the Ombudsperson for Children has
created for them to collaborate more efficiently with NGOs. He felt that the 2-day networking forum
was also a space for the youth of Résidence Anoska to be sensitised about the history of their own
community and the importance of contributing to the growth of their locality. He concluded by saying
that, “It is not about fishing for them, but rather about only giving them the fishing rod”.
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Sergeant Mungroo (far left) and Ms Nobin (second from the left) singing a song on the
power of friendship
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untapped in Résidence Anoska set the ambience of the forum from the very start to
due to lack of opportunities and an amicable and warm one. After the lunch break on
day 2 of the forum, two teenagers of Résidence
stigmatisation.
Anoska marvelled the audience by performing an Afro
Dance.
Along with being a networking platform, the forum also provided the opportunity to community
members and child professionals to express themselves artistically. The performances left everyone to
wonder how many more hidden talents and skills are still untapped in Résidence Anoska due to lack of
opportunities and stigmatisation.
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Several activities, as described below, were organised to sensitise and engage the participants with
respect to child rights and child protection. These were planned in a way to have the most interaction
possible with the audience.
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A quiz was prepared by Mr Bawamia and Ms Jogarah, Investigators of the OCO. Eleven multiple-choice
questions were asked to the audience. This was an active way for all present to learn on the various
rights of children and duties of parents, and the role of each institution involved in child protection.
Mr Bawamia (left) and Ms Jogarah (right), OCO investigators, quizzing the participants
The questions put to the audience also encouraged them to respond and express their concerns. Below
are some important points highlighted by some participants:
• “The CDU should explore all alternative possibilities of child protection before removing a child
from his family as a last resort, since separation from the home causes great distress to the child
and the family.”
• “On one occasion at a school, an Officer-in-Charge refused to hand over a student to the CDU,
as she was not informed of the reason for such removal. The child in question did not come to
school for three days following the incident. On another instance, a child hid in the toilet when
he was aware that CDU officers had come to take him away.”
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• “A mediator between the family and CDU, who can create a relationship of trust between the
parties, could be appointed.”
• “NGOs can facilitate the missing link between parents and the authorities, and more should be
done to rehabilitate the child and send him/her back to his/her family.”
• “Being myself an orphan, and having no child of my own, I understand the pain of living alone.
A child should not just be removed from a family when they have existing problems. The issues
should be acknowledged, but also the family itself must be empowered rather than broken
apart.”
In this activity, each resident was randomly paired with another participant, who were officers from
the OCO, NGOs and government institutions. The primary aim was to collect information about each
participating resident and also give them an opportunity to voice out their concerns about their locality
and the progress they wanted to see as well. It is worth highlighting that the non-resident participants
were formerly trained during the preparatory phase prior to the forum on how to interact specifically
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with their paired resident. They were also given a list of guidelines to help them interact positively and
respectfully with their interlocutor (see Appendix F). The residents were very receptive to this activity.
Afterwards, the community members were asked for feedback on this pairing exercise. The responses
were indeed very positive. For instance, it was said that the pairing activity was a stimulating exercise
where everyone engaged well with each other. It was also an opportunity to know someone new and
to learn interesting aspects of their life.
“Téléphone Arabe”
is a very classic and
popular game. It
has never ceased to
be entertaining or
fun to any
generation. This
particular activity
was an interactive
way of showing the
participants how
information could
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The participants were divided into groups of around 8 persons. Each group was asked to discuss among
themselves to identify 5 problems that Résidence Anoska faces and 5 possible solutions to each issue.
Everyone engaged actively in this exercise and various issues and solutions were identified and
suggested. Below is a table summarising the problems and solutions highlighted by the different groups.
School problems
• Parents do not have means to send • Organise remedial classes
children to kindergarten, hence there is a • Empower parents to send children to school and
gap when they start Grade 1. kindergarten regularly
• Parents go to work early in the morning • Sensitise parents on importance of education –
and the children are left on their own. they must attend Parent Teachers Association
(PTA) meetings and be more involved in the
child’s educational development
• Implement « Ecole des Parents »
Substance abuse
• There is a lack of recreational • Set up a Neighbourhood Watch / install CCTV
activities, leading to idleness and camera
alcohol/substance consumption. • Carry out Regular Police Patrols
• Some parents are lax towards their • Conduct Community Policing
children. • Provide counselling through specialised
NGOs/institutions
• Empower youth to become leaders
• Organise more activities for youth
• Parents to be more vigilant as to the
whereabouts and belongings of their children
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Inadequate housing
• Around 200 families are living in 77 • Provide NEF aid for house
houses. construction/reparation
• There is the problem of overcrowding in • NEF officials to carry out visits within the
houses. community to assess the situation
• To acquire a house, costly and lengthy • Convert agricultural land to residential areas
legal procedures cannot be resorted to. • Conduct a survey on families’ needs
• There is a lack of information about • Define each room within a house with proper
family planning within the community. separation to ensure the respect of everyone’s
personal space - boys and girls to be placed in
separate bedrooms
• Sensitise parents on hygiene and proper
development of children
Child protection
• Parents are not always informed by the • Organise community projects on the prevention
CDU upon child removal. of child abuse
• CDU to investigate into family situations
thoroughly before removing the child
Lack of leisure and recreational activities
• There is a lack of leisure and sports • Create a platform for youth
equipment – coach and infrastructure are • Organise activities for all groups within
already available. community – children, youth, women, men and
senior citizens
• Implement a ‘parcours de santé’, family fun
days and continuous leisure activities for youth
• Set up an association for women and senior
citizens
• Conduct courses on bakery/sewing/life
coaching for women
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A perception of discrimination
• NGOs/NEF/NSIF seem to provide help • Coordinate help and services for the whole
and services to only certain people. community
Unemployment
• Many people in the community do not • Undergo vocational training
have jobs, especially the youth. • Facilitate access to MITD Courses
• Provide fixed employment opportunities
Lack of use of available infrastructure
• Community members do not make the • Use the community centre as a one-stop shop
most of available infrastructure such as • Organise more social integration activities
the community centre. • Liaise with the President of 16eme Mille
• There is a lack of communication on Community Centre for better community
group activities within the community. inclusion
Lack of women empowerment
• There is a lack of activities promoting • Conduct prevention campaigns on teenage
young girls and women empowerment. pregnancy
• Construct a nursery for child care
• Provide sexuality education, especially among
young girls
One of the objectives of the networking forum was to empower the community members of Résidence
Anoska to become whistle-blowers with respect to violators of children’s rights. To achieve this, it was
important to inform them of the role of the main authority for child protection - the Child Development
Unit (CDU) – and to dispel any misconceptions they might have had regarding the CDU. Therefore, the
OC deemed important to expatiate on the purpose and functions of the CDU. The OC explained how in
almost every country, there is an institution similar to the CDU, albeit under different names. When a
child is a victim of (or at risk of) violence or abuse, the law empowers such authority to remove the
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child and to place him in a safe and secure place. In Mauritius, the CDU does an assessment before
deciding to remove a child.
The OC used a case example to illustrate why sometimes the CDU cannot be blamed when a child is not
afforded the much-needed protection. She asked everyone to imagine that an 8-year-old child was
being beaten by his father and that no one in the neighbourhood alerted the police. Then, one day, the
same child was unfortunately beaten to death. The media then would often be quick to blame the CDU
for not doing its work. Yet, in this particular scenario, the CDU is not at fault as it was not alerted in the
first place. Thus, the OC emphasised the crucial and complementary role of NGOs, who are not just
social workers, but also whistle-blowers in such cases. She urged the collaboration of everyone to work
together in a non-violent and peaceful way. She additionally underlined the criminal liability of
someone who fails to report a case of child abuse or child neglect as per the Child Protection Act 1994.
Ms Chooramun, Head of the CDU, was also invited to the forum to present on the role and functions of
the CDU in more details to the community members. She described how the CDU was instituted for the
development and protection of children. She clarified that, under the Mauritian Civil Code, parents are
the primary carers of children and have the main duty to cater for them. Hence when parents are in
conflict, it is children who suffer the most.
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Moreover, the Head of the CDU explained that, when parents are unable to give adequate care to their
child, the CDU steps in to assess how to help the family. The institution aims at preventing all types of
child abuse and protecting actual or potential child victims. She also outlined different cases where
parents themselves endanger their child’s safety, and thus removal of the child from their homes
becomes a necessity. For instance, when a child was allegedly being beaten by a parent, the child would
be taken for medical assessment by the CDU, and it might be that the parents would be denied access
to the child.
Many participants voiced out their concerns that CDU officers “snatch” children away from their
families and cause much distress to them. One particular community member complained that Officers
of the CDU demanded that, in order to obtain custody of his children, he had to arrange for separate
bedrooms for each one of them. After listening to various participants’ concerns, Ms Chooramun
cleared existing confusions about the rationale behind child removal from a family. She clarified that
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whilst there is a need to have minimum food provisions and a minimum level of hygiene for the children,
the sole fact that one lives in poverty, even absolute poverty, is not a reason to remove a child from his
family.
The discussions between Ms Chooramun and the participants appeared to have cleared the doubts and
apprehensions of participants with respect to the role and functions of the CDU as a child protector and
not a “child snatcher”. These interactions also seemed to have fostered better relations among the
stakeholders.
One cannot talk about child protection without understanding what child abuse is. During the
networking forum, the OC detailed clearly the definition of child abuse and the four different types of
child violence that exist. In essence, the OC outlined to the participants that, firstly, physical abuse is
when a child is physically assaulted. Usually, this would be apparent on the child’s body such as bruises
or swells. Secondly, verbal abuse is usually a non-visible form of child abuse, where the self-esteem of
the child is adversely affected through the use of foul and demeaning language against the child. Next,
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sexual abuse is another type of child abuse, where the world of the child is torn apart and which can
result in a lifelong trauma. The audience was also warned on the realities of grooming. Fourthly, child
neglect is often a form of abuse that many are unaware of. For instance, this includes the carer’s
negligence in giving adequate food to the child and providing him with decent clothing. Moreover, a
video on child sexual abuse, produced by the OCO, was played to further sensitise the audience on the
issue.
4.6.8.3. Works carried out by the NSIF, NEF and NGOs within Résidence Anoska
“Give a man a fish and he will eat for a day. Teach a man how to fish and you feed him for a lifetime.”
This well-known proverb resonated throughout the preparatory meetings, where residents affirmed
that they just need a little support to be able to make their community a better place to live. Hence, in
the networking forum, it was important to lay clearly before the residents, the different facilities and
activities available in their locality so that they can make optimum use of these. In line with this
objective, officers from the NSIF and NEF, as well as representatives of NGOs, were invited to address
the audience to inform them on their works, especially those being done in Résidence Anoska. In his
brief intervention, Mr Pierre Louis, the Community Leader, detailed the various projects that the
community offers currently to its residents such as artisanal works that are carried out by women,
amongst which are Ms Azie Collet Odile and Ms Perrine Claudette (community participants).
Ms Priscilla Ravaton, Programme Manager at the NSIF, firstly presented on the brief history of the NSIF.
She then elaborated on its works and various funding programmes categorised in 10 priority areas59,
including socio-economic development; educational support and training; social housing; leisure and
sports; and supporting people with disabilities. She also highlighted that NSIF works in collaboration
with NGOs.
Furthermore, she clarified that before financial assistance is granted to a potential beneficiary, there
are steps that must be followed and the validation of the NSIF Council is required. It must also be noted
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Please visit the website of NSIF on www.nsif.mu for more information.
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that the NSIF has indicators of performance, such that they can follow-up each beneficiary and note
the outcome of each assistance provided. Another way NSIF supports communities is through its
funding framework, where it grants constant support to NGOs who are essential in the running of
projects within communities.
Ms Ravaton also pointed out that they are accountable to the Director of Audit, as they are dealing with
public funds, which explains the extensive paperwork to work through. Should there be any
misappropriation of funds or fraud, complaints can be made to Independent Commission Against
Corruption (ICAC). NSIF also finances the management of 14 residential care institutions (RCIs). With
regards to financial aid from the NSIF, Ms
Ms Ravaton encouraged the residents Ravaton informed the participants that Parent
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In terms of educational support, Ms Jogessur explained the conditions under which child allowance and
school materials can be obtained. Additionally, those who completed their secondary studies are given
monetary rewards by the NEF. It is interesting to note that some beneficiaries have in fact used their
reward to pay for their courses or university fees, to buy a laptop or to invest it as capital for starting
their own business. For those sitting for their O-level examinations for the second time in order to
improve their results, the NEF pays the exam fees.
With respect to economic empowerment, if parents are working or undergoing training, the nursery
fees are paid for by the NEF. Job fairs and training workshops are also organised for NEF beneficiaries.
A “soutien d’accompagnement” is provided to those starting up a business. In terms of housing support,
Ms Jogessur explained different ways in which NEF can assist a beneficiary to secure adequate housing
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More information on the services of the NEF can be found on its website on www.nef.mu.
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for himself and his family. If one owns a piece of land, they can be financially assisted with their house
construction. Moreover, aid is provided for the reparation of houses.
Nevertheless, Ms Jogessur underlined that sanctions are taken against those who have signed a social
contract with the NEF, but are unwilling to engage with the opportunities provided and fail to abide by
the agreed terms and conditions. She concluded by assuring the community participants that the NEF
is willing to work with them and collaborate with National Housing Development Company (NHDC) Ltd
to ensure their right to adequate housing.
Ms Maria Victoire stated that ATD Quart Monde is an NGO that has been engaged in the fight against
poverty over the last 30 years. The NGO equips families to support one another. She further detailed
the different “ateliers” at the disposal of Résidence Anoska to help empower the families living there.
One interesting concept is the weekly Bibliothèque de Rue that encourages the children to read,
especially those having difficulties to integrate the conventional setting of schools, and to improve their
general knowledge in addition to academic concepts. She motivated the residents present at the forum
and affirmed her conviction that empowered families are the key to end their misery.
4.6.8.3.4. DIS-MOI
Ms Hon Fat, from Dis Moi, presented on the different types of conjugal violence. She handed out a
pamphlet on “Violantomet”, an interesting way to identify the various levels of domestic violence and
when it becomes crucial to ask for help or put an end to one’s relationship altogether.
Ms Edoo, from SOS Village, worked for approximately 10 years in Résidence Anoska. The work of SOS
Children’s Village is centred around education. In fact, the organisation has an education learning
centre at the disposal of the children. For the youth of the area, they provide career guidance, and for
those who are out of school, they are sign-posted to the Mauritius Institute for Training and
Development (MITD).
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4.6.8.3.6. T1 Diams
Ms Auroomoogum, from T1
Diams, has been working for
15 years in Résidence Anoska
and the NGO provides
support and assistance to
patients suffering from Type 1
Diabetes. Their youngest
patient is aged 13 months old.
T1 Diams teaches the patients
how to live with their health Ms Auroomoogum explaining how T1 Diams support Type1 Diabetic patients
condition and also interacts
with and support other family members, relatives and even neighbours. She also pointed out issues
that certain families have to face when the patient is still a minor. For instance, the parent – more often
than not, the mother - has to quit her job to constantly look after her diabetic child. For families already
living in dire conditions, the situation is even more complicated. Hence, T1 Diams supports these
families in view to enable them to be resilient to such challenges.
Sister Solange intervened on behalf of MAM. She explained that this NGO accompanies future mothers
during their pregnancy, including adolescents. They also work towards prevention of teenage
pregnancy. Many pedagogical and psychological activities are organised. One special session entitled
“Maman Soleil” is aimed at training future/young parents.
4.6.8.3.8. Lovebridge
Ms Yen Mee, District Coordinator at Lovebridge, explained the NGO’s mission at reducing poverty, by
helping families to be self-sufficient. She detailed the pillars on which their work rests, namely,
education, housing, health, employment/employability, food and nutrition, and MASCO (Motivation,
Attitude, Skills and Courage). Lovebridge also makes sure that children are attending school. Ms Yen
Mee highlighted the fact that children from poor families often do not attend kindergarten, and as a
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result, there is a gap in education when they start primary school. Furthermore, Lovebridge helps in
small renovations of houses, and in providing small financial assistance in obtaining houses from NHDC.
The NGO also assist families in debt by explaining how to manage budgets, as well as in completing
formalities for social aid.
There could not have been a networking forum focused on a community without giving its residents
the opportunity to voice out their concerns and views. To strengthen the ties among the different
stakeholders in child protection, the floor was opened to community members of Résidence Anoska
several times throughout the forum to allow them to express themselves freely.
One of the common recurring points made was that often NGOs work within Résidence Anoska without
consulting with the Association pour le Développement de Résidence Anoska (ADRA). Whilst there are
existing projects in the locality, only a handful of persons seem to benefit from it, and it is unclear where
the funding is being routed to. There are further projects that can be realised; however, it must be
agreed with ADRA. Mr Pierre Louis, Community Leader, appealed that the community centre in
Résidence Anoska should be used as a central figure for any actions in the locality, instead of having
projects being dispersed across the region.
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Another issue that was constantly pointed out was housing problems. Mr Pierre Louis reminded the
officers present that La Pipe residents were already owner of their respective houses, before moving
to Résidence Anoska. He stated that the NEF should review their funding requirements to help the
community. A community member highlighted on the issues involved when several heirs inherit one
house. The very process of division-in-kind before a Notary Public is costly and lengthy and hence is
hardly envisaged when the family is already in precarious conditions.
One resident pointed out that he prioritised his savings for the education of his children over the
completion of his house. Currently he lacks the funds to complete the construction of his house. Ms
Jogessur assured him that NEF could potentially assist him in his project. Ms Bignoux proposed that the
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previous Central Housing Authority (CHA) model could be reintegrated to provide adequate and
tailored housing facilities to the needy.
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The networking forum had overall been a positive and novel way to strengthen the relations between
different stakeholders involved in child protection. Every participant in this platform was treated
equally. Everyone had fun as well as worked hard to identify issues and find potential solutions. One
could see the willingness of organisations (governmental and non-governmental) to make Résidence
Anoska a better place. The warmth and talents of the residents were praiseworthy. Mr Bawamia, OCO’s
Investigator, pointed out that, whilst it is usually observed that women show more involvement in child-
related activities, it was refreshing to see that the men of Résidence Anoska felt equally concerned
about their children’s future.
The networking forum was not only informative, but interactive and engaging, where each participant
felt valued and listened to. Mr Pierre Louis appreciated the various exceptional moments the
community members had witnessed and experienced during the forum and requested to all the
participants to show the same solidarity back in Résidence Anoska. Similarly, a community member
hoped that the momentum of the forum does not stop and expands. The OC remarked that the people
of Résidence Anoska had proven that they have “l’esprit communautaire” and that they do engage in
participative democracy. Indeed, as Mr Maurer, from the NGO Safire, said, building human relations is
a constant work of collaboration and solidarity of each and everyone.
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In line with the objectives of the networking forum, it was important to disseminate the key information
and outcomes that emerged from this initiative, and to announce the way forward. Hence, the OC,
along with five community members from Résidence Anoska61, held a press conference on 20 August
2020 at the OCO. The important points of the forum as well as underlying issues regarding child
protection were presented to journalists. The OC also deliberated on a plan of action regarding a holistic
approach to better protect children's rights, that was established by key stakeholders following the 2-
day networking forum.
Mr J. L. Pierre Louis, Community Leader, used this opportunity to underscore pertinent issues that affect
the daily livelihood of the residents of Résidence Anoska. He stated that, “there are not only bad things
happening in Résidence Anoska, we have positive things too and it is unfortunate that people do not
61
The community members present at the press conference were Ms Marie Juliette Pascaline Labiche, Ms Mavouse M.
Lourdes, Mr Andor Son Azie, Mr Joseph Riene Ville Beguthe and Mr Ricall Pierre Louis.
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talk much about it”. The other representatives of Résidence Anoska also voiced out their concerns and
highlighted that the inhabitants of their locality are stigmatised due to the fact that the area is often
portrayed negatively in the media. Two articles regarding this press meeting were published in Le Défi
Quotidien of 21 August 2020 and 5-Plus Dimanche of 23 August 2020 respectively (refer to Appendix
H).
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Following the 2-day networking forum and the press conference, four further initiatives, as described
below, were announced by the OC in terms of the way forward.
Sustainable development and the right to a healthy environment are intrinsically linked. If one wishes
to promote development and welfare of children, it is essential to start by providing a safe and clean
environment for them to live in. The OC proposed that a cleaning campaign will be organised in
Résidence Anoska with the collaboration of multiple stakeholders.
There will be a consolidation of the works being carried out by different associations in Résidence
Anoska in a bid to empower its residents. The OCO will continue to meet the residents to assess the
progress made at regular intervals, and also to pursue and further the collaborative work started with
the community.
In the press briefing, the OC announced that a survey would be carried out to gather qualitative and
quantitative data on the families and children of Résidence Anoska. Every household of the locality
would be invited to participate on a voluntary basis and upon informed consent. One aim of this enquiry
was to make an assessment on how the rights of children are being protected and promoted according
to the UN Convention on the Rights of the Child within this locality.
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At the time of writing this report, the survey had already been carried out from 26 to 28 August 2020.
A team of the OCO, under the supervision of the Ombudsperson for Children, collected valuable
information on around 77 families in Résidence Anoska. This survey was also an opportunity for all those
who had not been part of the networking forum to be listened to by the OCO’s staff members on their
concerns regarding their locality and to propose their ideas on how the living conditions of their children
and families could be improved.
As shown in the pictures on this page, the team of the OCO picked up their materials before proceeding
for the data collection in Résidence Anoka. This exercise, led by the Ombudsperson for Children,
enabled the team to listen actively and collect relevant information from each family interviewed. The
OC strongly believes that the information gathered will be an indispensable basis to establishing a long-
term action plan.
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Ms. Sandhya Johaheer (top left photo), Mr Ismail. A. Bawamia (top right photo), Ms. Haajrah
Rohom (bottom left photo), and Mr Shameem Mungralee (bottom right photo) interviewing the
inhabitants of Résidence Anoska in a bid to obtain meaningful data on the children and families
“These children also have a history, an identity. They have the same rights
as children in other regions and must be respected. They too have the
right to live in a healthy environment, which will certainly have a positive
impact on their minds and lives.”
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It was noted that the inhabitants, especially the young people, expressed concerns on the fact that they
are often stigmatised. They added that other students of their schools made fun of them and their
locality. Such data are crucial in the formulation of an action plan for the children and young people of
the region. The OC thanks Mr Pierre Louis, Community Leader, and three other community members
of Résidence Anoska – Ms Marie Juliette Pascaline Labiche, Ms Mavouse M. Lourdes and Ms Odile Azie
– for their support throughout data collection.
Finally, it is planned that a Special Report will be written and published by the OCO on Résidence
Anoska. This report will be based on the survey carried out with the inhabitants (refer to sub-section
4.8.3) and will aim at analysing issues identified within the community in a child rights-driven, evidence-
based and objective manner. This document could also be used as a reference by both governmental
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and non-governmental organisations to enable them to plan and design projects or measures that can
best assist the specific needs of the community members. Hence, this can effectively contribute to the
development and empowerment of the children and families of Résidence Anoska.
~ Margaret Wheatley
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CHAPTER 5
Children’s Rights in the
Context of Homelessness:
The Case of Squatter
Children in Pointe aux
Sables and Riambel
“Building capacity for dialogue and mediation can give voice to the
marginalized, enhance power, and equip communities with tools
and skills to bring about meaningful change."
~ The Office of the Compliance/Advisor Ombudsman, USA
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5.1. Introduction
Over the past few years, advocating for the right to an adequate standard of living for every child, as
enshrined by the UNCRC, has been an ongoing initiative for the Ombudsperson for Children (OC). For
instance, in two of her previous annual reports, she brought particular attention and made
recommendations regarding the cases of poor living conditions at Cité Tole and Cité Longère Blanc and
their implications on children’s rights (OC, 2017, chapter 3)62, as well as the impact of residing in
asbestos houses and deplorable buildings on children’s well-being (OC, 2018, chapter 6)63, respectively.
Living in decent housing conditions is one of the fundamental components of children’s right to an
adequate standard of living.
This year, an issue that places at risk children’s right to adequate housing, namely squatting, required
significant attention. The OC believed that it was crucial to enquire on the situation of children who
were living in squatting conditions in order to assess how their rights were being affected and to
promote their safety and well-being. In addition, the OC noted that, although the media and other civil
society organisations regularly report on their observed number of squatters in a given region and on
the experiences of squatters, it is important to highlight that there is a significant lack of formal,
quantitative and disaggregated data on the squatter population, and thematic documentation on the
issue of squatting in our country.
On 25 May 2020, the OC initiated an own-motion investigation, as per section 7(1) of the
Ombudsperson for Children Act 2003 (refer to Appendix A), to enquire on the situation of children who
were living in families who were squatting on State lands. The scope of this enquiry, which lasted 3
months, was limited to squatter children living in the regions of Pointe aux Sables and Riambel in order
62
Ombudsperson for Children (2017). Annual Report 2016-2017. Republic of Mauritius: Ombudsperson for Children’s Office.
Retrieved on 30 August 2020 from oco.govmu.org/Documents/Annual%20Reports/
OMBUDSPERSON%20ANNUAL%20REPORT%202016-2017.pdf
63
Ombudsperson for Children (2018). Annual Report 2017-2018: Making rights a reality for every child of the Republic of
Mauritius. Republic of Mauritius: Ombudsperson for Children’s Office. Retrieved on 30 August 2020 from
oco.govmu.org/Documents/Annual%20Reports/Ombudsperson%20AR%202017-2018.pdf
to achieve a deeper understanding of their concerns. It is expected that this investigation will be
replicated in a second phase to squatter children residing in other areas of the Republic of Mauritius. It
is also important to note that the said investigation was initiated on an OWN-MOTION basis by the OC,
and was NOT COMPLAINT-DRIVEN. At no point in time, the OC received formally registered complaints
made by squatter families, or by non-governmental organisations (NGOs) or members of the civil
society advocating on their behalf, concerning violations of the rights of squatter children.
In this chapter, the OC firstly appreciates the importance of the right to adequate housing for every
child. She then attempts to provide some clarification on the phenomena of homelessness and
squatting, as well as describes these terms within our local context. Next, she details on the objectives,
target group, procedures and findings of the own-motion investigation. Finally, she proposes
recommendations that could contribute to improving the situation of homeless children and their
families.
The United Nations (2009, p.3)64 explained that the fundamental human right to adequate housing
must be regarded in a broad way as the “right to live somewhere in security, peace and dignity”. A good,
warm and safe home is crucial to all aspects of children’s well-being, yet a significant number of children
in certain regions of the world, including parts of the Republic of Mauritius, are having to cope with
waking up every day in deplorable housing conditions.
Research has shown that children’s development, and current and future life chances can be largely
affected by the quality of their housing. For example, in the United Kingdom, it is known that “poor
housing conditions increase the risk of severe ill-health or disability by up to 25 per cent during childhood
and early adulthood” (Shelter, 2006)65. Shelter (2006) also provided an overview of several negative
effects of low-quality housing on children’s physical health, mental health, education and opportunities
in adulthood, which included respiratory problems, anxiety, depression, school absenteeism,
64
United Nations (2009). The Right to Adequate Housing: Factsheet No. 21 (Rev. 1). Geneva: Office of the United Nations
High Commissioner for Human Rights. Retrieved on 30 August 2020 from www.refworld.org/docid/479477400.html
65
Shelter (2006). Chance of a Lifetime: The impact of bad housing on children’s lives. United Kingdom: Author.
homelessness, unemployment and an increased risk of offending behaviour among others (see
Appendix I for more information).
In relation to poverty reduction and the creation of sustainable cities and communities, countries of
the world are working towards the achievement by 2030 of various targets of the Sustainable
Development Goals (SDGs) 1 and 11 respectively, of which two are quoted below (United Nations
Development Programme [UNDP], 2020)66:
• “reduce at least by half the proportion of men, women and children of all ages living in poverty
in all its dimensions according to national definitions” (under SDG 1); and
• “ensure access for all to adequate, safe and affordable housing and basic services and upgrade
slums” (under SDG 11).
The Republic of Mauritius is no exception and the State has the prime duty to address poor quality
housing and homelessness as a key component in tackling poverty. The Committee on the Rights of the
Child (200667, 201568) welcomed the continued efforts of our country towards poverty alleviation, for
instance, the provision of meals, free transport and education to children. However, the Committee
(2006) expressed concerns about the “living conditions of vulnerable groups particularly with regards
to access to adequate housing, education and health-care facilities”. They recommended that our
country “strengthen[s] its efforts to ensure that the needs of all children are met, in particular those
from socially disadvantaged families and those living in remote areas, so that they do not live in poverty
and their rights to adequate housing, education and health are respected” (Ibid., 2006).
In light of the above, it is primordial that all relevant stakeholders undertake appropriate actions to
improve housing conditions for the wellbeing of all children of our Republic. If the right to safe and
decent housing is not respected, this will inevitably hinder our children from enjoying a wide range of
their other rights, such as their rights to education, health, social security, privacy and so on. This can
66
United Nations Development Programme (2018). Sustainable Development Goals. Retrieved on 31 August 2020 from
www.undp.org/content/undp/en/home/sustainable-development-goals.html
67
Committee on the Rights of the Child (2006). Concluding observations: Mauritius. Geneva: United Nations
68
Committee on the Rights of the Child (2015). Consideration of reports submitted by States parties under article 44 of the
Convention: Combined third to fifth periodic reports of States parties due in 2011, Mauritius. Geneva: United Nations.
also have adverse long-term effects on their physical and mental health, educational achievement and
future opportunities, as exemplified in Appendix I.
There is no universal definition of homelessness, and interpretation of this phenomenon varies across
countries based on their different legal, economic, social and cultural contexts. In a general sense,
homelessness may be considered as “the inability of people to enjoy a permanent accommodation”
(Salcedo, 2019)69. The United Nations Statistics Division (as cited in Human Rights Council, 2015)70
further breaks down homelessness into two categories:
• “primary homelessness”, as persons living on the streets or without a shelter or living quarters71;
and
• “secondary homelessness” as including persons with no place of usual residence.
Persons in the latter category mainly include those who move frequently between various types of
accommodation such as dwellings, shelters or other living quarters; those who reside in long-term
‘transitional’ shelters or similar arrangements for the homeless; or those living in private dwellings, but
who do not report a usual address on administrative forms (Office of the High Commissioner for Human
Rights [OHCHR], 2012)72. Leilani Farha (2015)73, a Special Rapporteur on the right to adequate housing,
proposed three dimensions that can be used to better define homelessness from a human rights
perspective, as illustrated below:
69
Salcedo, J. (2019). Homelessness and the SDGs. Retrieved on 30 August 2020 from www.un.org/development/desa/dspd/
wp-content/uploads/sites/22/2019/07/SALCEDO_Jesus_Presentation_2-1.pdf
70
Human Rights Council (2015). Report of the Special Rapporteur on adequate housing as a component of the right to an
adequate standard of living, and on the right to non-discrimination in this context. Geneva: United Nations. Retrieved on 30
August 2020 from www.unhousingrapp.org/user/pages/04.resources/Thematic-Report-5-Homelessness-as-a-Global-
Human-Rights-Crisis.pdf
71
Living quarters are “the part of a building where people live, especially a building that is used by many people or is used
for several different purposes” (Source: Longman (n.d.). Living quarters. Retrieved on 30 August 2020 from
www.ldoceonline.com/dictionary/living-quarters)
72
Office of the High Commissioner for Human Rights (2012). Homelessness. Retrieved on 30 August 2020 from
www.ohchr.org/Documents/Issues/Housing/homelessness.pdf
73
Farha, L. (2015). Summary of the Report of the Special Rapporteur on the right to adequate housing. Geneva: OHCHR.
Retrieved on 30 August 2020 from www.ohchr.org/Documents/Issues/Housing/HomelessSummary_en.pdf.
Dimension 1:
The absence of a home in terms of both its physical
structure and its social aspects.
A three-
Dimension 2:
dimensional
human rights A form of systemic discrimination and social exclusion,
whereby “the homeless” become a social group subject to
definition of stigmatization.
homelessness
Dimension 3:
Homeless people as resilient in the struggle for survival and
dignity and potential agents of change as rights holders.
Within the Republic of Mauritius, there is currently no statutory or legal definition of ‘homelessness’.
For the State to support individuals and families in poverty situations with housing vulnerability, they
need to figure on the Social Register of Mauritius (SRM) – “a computer-based application to register
and identify the poor and their socioeconomic profile” (Government Information Service, 2019)74 –
which is maintained by the Ministry of Social Integration, Social Security and National Solidarity. Those
who are eligible under the SRM can also apply for a housing unit through the National Housing
Development Co. Ltd, which operates under the aegis of the Ministry of Housing and Land Use Planning.
According to a description proposed by the Global Informality Project (2019)75, squatting can be
referred to as “informal housing whereby, for a variety of existential, legal, political and ideological
reasons, people settle on vacant land or occupy abandoned buildings, both private and public. People
who squat possess no legal title to land or building, pay no rent for the respective property and live there
without any formal entitlement”. Similar to the term ‘homelessness’, the term ‘squatting’ may have
74
Government Information Service (2019). The number of households eligible under the Social Register of Mauritius keeps
fluctuating, says Minister Wong. Retrieved on 30 August 2020 from www.govmu.org/English/News/Pages/The-number-of-
households-eligible-under-the-Social-Register-of-Mauritius-keeps-fluctuating,-says-Minister-Wong.aspx
75
Global Informality Project (2019). Squatting (Global). Retrieved on 30 August 2020 from www.in-formality.com/wiki/
index.php?title=Squatting_(Global)
different definitions based on specific contexts, and the group of people identified as ‘squatters’ may
also be known by other names, such as informal settlers or illegal tenants.
In the Republic of Mauritius, the issue of squatting is not a new phenomenon, and has remained an
ongoing challenge to the authorities and other relevant stakeholders for decades. According to section
22 of the State Lands Act 1982, the term ‘squatter’ designates a person who takes possession of,
encroaches upon, cultivate or put up any building or other structure on any part of any State land
without the express authorisation in writing of the Minister. A squatter who fails to vacate State land
after having been served a notice commits an offence under this law and he/she becomes liable to
evictions, fines, and/or even imprisonment. Therefore, in our country, the term ‘squatter’ is mostly
used in the context of illegal occupancy of State lands.
For the purpose of this chapter, a few working definitions for terms related to ‘squatting’ have been
proposed below, in an attempt to retain their link to the above-mentioned local legal definition of a
squatter, and to enhance their connection with human rights.
• Squatter
First and foremost, a squatter is a human being who is a holder of human rights and fundamental
freedoms. In the exercise of his/her rights, he/she also has the responsibility to respect the rights of
others. Locally, a person is considered to be a squatter when he/she unlawfully occupies a vacant
land that is owned by the State.
• Squatter children
Squatter children refer to persons under the age of 18 years old who live with their parents or
caregivers within squatting conditions. In theory, squatter children have the same fundamental rights
as any other children. However, owing to their exceptional circumstances, they cannot or do not
enjoy many, or even all, of these rights. Research studies commonly show that they struggle in
unhygienic settlements, experience poverty, are at risk of being victims of abuse at ‘home’ and at
school, and may develop psychological difficulties such as low self-esteem, anxiety and challenging
behaviour.
• Squatter camp
A squatter camp can be understood as an area where a group of individuals, including children,
unlawfully occupy vacant land owned by the State. Within this informal settlement, the squatters
usually erect tents, or small buildings with cardboard, wood, iron sheets or scrap material. These built
structures are generally unequipped with basic amenities such as water and electric supply, and
sewerage systems. Squatter camps are hazardous environments that expose its residents to a
number of risks to their safety and well-being. They represent a threat to the fulfillment of the basic
needs and fundamental rights of human beings, with children being the most vulnerable.
In the course of her investigation, the OC was frequently asked the following questions regarding the
term ‘squatting’, which she attempted to clarify as follows:
The current section outlines the objectives, the target group, investigation procedures and findings of
the OC’s own-motion investigation.
• estimate reliably the number of squatter families with children in the visited regions;
• identify issues that affect squatter children’s right to adequate housing, and impact on their
development and well-being; and
• propose recommendations to relevant stakeholders on how to promote and protect the right
to adequate housing of squatter children, along with other associated rights.
As explained in the introductory section 5.1.1 of the current chapter, the OC focussed on squatter
children who were living with their families on State lands located at Pointe aux Sables and Riambel.
Various methods, as listed below, were employed by the OC and her team to gather relevant
information regarding squatter families and their children from multiple sources over a 3-month period:
(1) Field visits were carried out in both Pointe aux Sables and Riambel to conduct observations
and interviews with squatter families.
(3) Investigators of the OCO attended meetings at the Ministry of Housing and Land Use
Planning.
(4) A written request was made to several non-governmental organisations (NGOs) working with
squatter children to provide:
(i) their latest figures on the number of squatter families that they had identified who
have one or more children;
(ii) a list of hardship cases of squatter families with children whom they encountered
during their work and who were not eligible for benefitting from the facilities of the
National Empowerment Foundation (NEF) and/or National Housing Development Co.
(NHDC) Ltd; and
(iii) the number of members in their NGOs who held qualifications, and specialised training
and experience in social welfare and support.
(6) Local articles published in the press that related to squatter families and their children were
analysed.
(7) Desk research was carried out to better understand the issue of squatting, problems faced
by squatters and the impact of squatting on children’s rights and well-being.
(8) A letter with a list of recommendations related to squatter children was sent to the Ministry
of Housing and Land Use Planning.
(9) Close contact with the said Ministry and a network of reliable informants (who wish to remain
anonymous) was maintained throughout the investigation process.
As part of one of the investigation procedures outlined above, the OC met with squatter families of
Pointe aux Sables who were invited at the OCO to present their concerns on the protection of their
children. Below is an extract of a dialogue (translated to English from Mauritian Creole) between the
OC and these families, that highlighted important issues including, advocacy for children’s rights, access
to housing, the harm caused by self-appointed advocates and ‘fake’ squatters, and the need to
empower these families through human rights education.
OC Welcome to my office. I am glad that you accepted my invitation to attend this meeting.
I feel honoured to meet you all because you are resilient citizens who are fighting for your
survival and that of your children.
Families We are also happy to meet you. You do not know us, but we do. We often listen to your
interventions on radio and read your comments in newspapers. Now, we expect that you
use your influence to fight for the rights of our children. We need an NHDC house or a plot
of land on lease where we can build our own houses for the welfare of our kids. Just the
plot of land, Madam Rita...the rest we will manage. There are many available NHDC
houses and enough available land!
OC I understand your concerns, but matters are not that simple and straight forward. There
are so many people who have requested for NHDC houses. They have children as well and
many of them have applied to the NHDC before you. You cannot skip the queue.
Families Please Madam Rita, you must protect our children. We trust you.
OC I will definitely write a report on the rights of squatter children, but I cannot promise that
you will get a house or a plot of land.
Families Please do something for us and our children. We trust you.
OC I appreciate the trust you have in me, but as the OC, I can only make recommendations. I
cannot action my recommendations. I will advocate for the rights of your children, but I
cannot make false promises to you.
Families Please come to visit us.
OC I promise I will.
Families Why did you personally not come to visit us at the squatter camps earlier?
OC I did not come personally yet, which I will do very soon. But you might have already met
with Investigators of the OCO whom I had delegated to carry out field visits since the
confinement period. It is also important for you to know that I work within a legal
framework and I have to investigate first, then make recommendations. An investigation
is a scientific process which means that I have to check and counter-check any information
collected. I cannot afford to make statements without having reliable facts and figures.
Since the beginning, I have been trying my level best to analyse and understand the bigger
picture of children living in squatter camps at Pointe aux Sables and Riambel. It does not
mean that I have not been doing my work because I did not meet you personally.
Families We have now a better understanding on your role. It is important to listen to what
squatter families have to say.
OC I must admit that the presence of ‘fake’ squatters in your midst has delayed our meeting.
During the initial phase of our investigation, we came across many ‘fake’ squatters who
were, at times, more proactive than ‘genuine’ ones. Please understand that, as the OC, I
have to get my figures right. Imagine that I talk in my work about 80+ squatter families in
Pointe aux Sables, which include ‘fake’ ones, will this not have caused prejudice to families
who are ‘genuine’ squatters?
Families We totally agree with you that there was a critical mass of ‘fake’ squatters in the
beginning. They have left the squatter camps progressively, but they have caused much
harm to our cause.
OC I would also like you to take note that certain self-appointed advocates of squatter
families have also done disservice to your cause by being aggressive and using violent
language to fight for your cause. But they ended up fighting...not necessarily for your
rights. You need to be sensitised on human and children’s rights. A human rights activist
is a person who individually or in collaboration with others acts to promote or protect
human rights. There are ‘genuine’ human rights activists and ‘fake’ ones!
Families Like squatters!
OC Yes! The United Nations recognises the importance of genuine human rights
activists/defenders. In addition to receiving support from NGOs and civil society
representatives, you also need to be empowered so that you can advocate for yourself
and your children. My office will soon organise a workshop which can help you better
understand your rights and responsibilities.
Families Thank you, Madam. Many thanks to your staff. We appreciate that you have listened to
our concerns.
Within the above extract, it can be noted that, at one point, families asked the OC why she did not
personally come to meet them at the squatter camps initially. They seemed to be assuming that only
those who came to see them in person were actually supporting them. However, after the explanation
of the OC, they acknowledged that the latter and her team had been enquiring on their situation during
all that time, and she had been actively gathering information from various sources to better advocate
for squatter children’s rights and make their voices heard at the level of the Ministry of Housing and
Land Use Planning. They also understood that the OC works within the remit of the Ombudsperson for
Children Act 2003 and this law allows her to investigate matters related to children’s rights “in such
manner as [s]he considers appropriate” (OCA 2003, section 7(1)). In the present case, the OC initially
focussed on the use of soft power (refer to the textbox on the next page) to influence decision-making
processes of relevant stakeholders with regards to the rights of squatter children.
Soft Power
One of the specific features of the Ombudsperson for Children's Office, that is distinct from the Court
and other control mechanisms, is its non-coercive soft powers with no authority to sanction. The
recommendations of the Ombudsperson for Children are neither binding nor enforceable, but the
use of persuasion and moral authority encourages the public or private authorities, or other parties
concerned, to review their position or decision on issues relating to children’s rights. As pointed out
by Reif (2004)76,
(...) ombudsman effectiveness does not always follow automatically from having stronger
enforcement powers (...) the non-coercive soft powers of an ombudsman can constitute
strength and one source of its effectiveness, connected with other factors such as the character
and authority of the ombudsman and the government’s positive support.
The Ombudsperson for Children provides functional and practical feedback either to Ministers or to
public or private bodies so that possible solutions and reforms are considered in connection with
children’s rights, and that standards of the United Nations Convention on the Rights of the Child are
applied rigorously when handling child-related issues.
76
Reif, L. C. (2004). The Ombudsman, Good Governance and the International Human Rights System. USA: Springer-
Science+Business Media, B.V.
5.2.4. Findings
During the investigation, information was collated from governmental sources on measures that had
been undertaken by the ministry responsible for housing and land use over the past two decades. This
was necessary because the onus remains mainly on the State to support the most vulnerable groups of
people, mainly children, and guarantee that everyone’s housing is adequate, by involving all the
relevant stakeholders from the public and private sectors. The following table contains a summary of
data gathered by the OCO, presented in the order of the year associated with the measures or figures:
Year Summary of measures and/or figures reported in relation to squatting by the ministry
responsible for housing and land use
2004 • In 2004, a government policy was introduced towards regularising pre-July 2001
residential squatters (illegal occupations) by the grant of building site leases expiring
in the year 2060 (Ministry of Housing and Lands [MHL], 2014)77
2014 • Some 2,700 squatters had been regularised over a period of 10 years (i.e. from 2004
to 2014) and became holders of long-term formal leases over the sites occupied (MHL,
2014).
• They were also given wooden and corrugated iron sheets for free (MHL, 2014).
2015 • As at 01 July 2015, 1,104 squatters were identified (Ministry of Housing and Land Use
Planning [MHLUP], 2020)78
• On 02 September 2015, the then Vice Prime Minister and Minister of Housing and
Lands affirmed at the National Assembly that the “Government is bent on addressing
77
Ministry of Housing and Lands (2014). Mauritius: Country Report Habitat III. Mauritius: Author. Retrieved on 01 September
2020 from habitat3.org/wp-content/uploads/Mauritius-National-Report.pdf
78
Ministry of Housing and Land Use Planning (2020). National Forum on Housing & Land Use: 19th August 2020, The Shri
Athal Bihari Vajpayee Tower, Ebène. Mauritius: Author.
very rigorously but humanely the problem [of squatting], the more so because of its
socio-economic implications” (Government Information Service, 2015)79.
• In September 2015, out of the 1,104 squatters who were identified as at 01 July 2015,
654 had been regularised on squatted or other sites (MHLUP, 2020).
2017 • 65 housing units were constructed at Pointe aux Sables to relocate squatters
occupying land earmarked for the Ring Road project at Tranquebar (MHLUP, 2020).
2019 • From 01 June 2015 to the end of 2019, around 300 squatters had been identified
(MHLUP, 2020).
2020 • During the lockdown period, some 160 squatters were identified, out of whom 150
have been removed (MHLUP, 2020).
• As at 01 July 2020, 450 squatters (out of the 1,104 squatters identified as at 01 July
2015) had not yet been regularised due to being considered as difficult cases (MHLUP,
2020).
• The MHLUP (2020) has initiated a multi-sectoral survey to identify genuine cases of
squatters.
The MHLUP (2020) has given the assurance that it is committed to promoting equity and inclusiveness
in providing sustainable housing for vulnerable groups including the homeless and eligible squatters. In
reference to the table above, it can be seen that governmental initiatives to regularise identified
squatters have been ongoing since 2004. Nevertheless, it can be noted that new cases of squatters kept
emerging over time.
79
Government Information Service (2015). Residential squatting is being addressed with rigour and humanity, says Vice-
Prime Minister Soodhun. Retrieved on 01 September 2020 from http://www.govmu.org/English/News/Pages/Residential-
squatting-is-being-addressed-with-rigour-and-humanity,-says-Vice-Prime-Minister-Soodhun-.aspx#:~:text=Related%20
News-,Residential%20squatting%20is%20being%20addressed%20with%20rigour%20and,says%20Vice%2DPrime%20
Minister%20Soodhun&text=%E2%80%9CIt%20is%20a%20very%20sensitive,the%20Vice%2DPrime%20Minister%20said.
Many of the squatters who were evicted from State lands argued that they were unable to make the
10 per cent down payment to contribute to the total cost of an NHDC house. They did not have a “Plan
Epargne Logement”, which is a saving plan operated by the Mauritius Housing Company Ltd (2020)80 in
order for clients, especially youths, to acquire or construct a house in the future. Some of them also
told the OCO that they were not eligible for support from the NEF. The Ministry of Housing and Land
Use Planning has emphasised that squatter families who have just recently registered with the NHDC
cannot be given priority over those who registered much before them. In this context, a recurring
question asked by many of these families was how would their children survive in the long run?
5.2.4.3. Squatting: A cross-cutting issue among different ministries and statutory bodies
The OC would like to underline that the issue of squatters, in particular that of squatter children, does
not only concern the Ministry of Housing and Land Use Planning (MHLUP), but also the Ministries of:
In fact, all these Ministries play an important role in the development and protection of squatter
children. For instance, the METEST ensures that all children, including squatter children, have access to
free primary and secondary education without any discrimination. Secondly, the Child Development
Unit (CDU) of the MGEFW is monitoring closely the whereabouts of squatter children and will be ready
to intervene if the need arises.
In addition, the National Empowerment Foundation (NEF), under the aegis of the MSISSNS, is actively
working towards the welfare of squatter children in collaboration with the MHLUP. Squatters who
qualify for support provided by the NEF are being identified on a regular basis. The NEF can propose
services to homeless and squatter children, provided that their families are eligible under the Social
80
Mauritius Housing Company Ltd (2020). Plan Epargne Logement (PEL): Save with us and secure your home loan. Retrieved
on 01 September 2020 from www.mhc.mu/products/plan-epargne-logement-pel
Register of Mauritius and have signed a social contract with the NEF. For instance, registered families
can receive educational and health support for their children, as outlined on the next page (T.
Jogessur81, personal communication, 18 September 2020):
• Education
1. Provision of school materials to students from Pre-Primary, Primary, Secondary and
Prevocational Level.
2. Provision of School Premium of Rs 25,000 and Rs 35,000 for students who have passed Grade
11 and Grade 13 levels respectively.
3. Payment of Exams Fees for Grade 11 and Grade 12 students who wish to ameliorate their results.
4. Payment of Creche Vouchers for infants aged 0 to 3 years.
5. Payment of Child Allowance to students aged 3 to 23 years, attending a registered school.
• Health
1. Medical screening.
2. Provision of medical kits.
3. Sensitisation campaign.
5.2.4.4. Scoping the profile of ‘genuine’ squatter families and their children at Pointe aux
Sables and Riambel
During the initial phase of the investigation, the OC realised that it was very difficult to determine the
exact number of genuine squatter families with children at Pointe aux Sables and Riambel, which
seemed to be rapidly changing with the influx and outflux of squatters at different points in time in
these regions. For instance, the OCO’s Investigators observed that, from 26 May 2020 to 27 May 2020,
there was an increase in structures built at Pointe aux Sables overnight.
81
T. Jogessur is the Community Project Coordinator for the District of Plaines Wilhems at the NEF.
Based on the OCO’s observations and information gathered up to 25 September 2020, some figures
related to the profile of squatter families, deemed to be ‘genuine’ cases, and children living in
squatter camps located at Pointe aux Sables and Riambel respectively are provided as follows:
1. Sixteen squatter families, mostly female-headed, were found to be living under tents at
Pointe aux Sables.
2. Eleven of these families had children living with them at the squatter camps.
4. Six of the 11 families with children had already registered with the NHDC previously and
are on the list to get a house by the end of the year.
5. The remaining 5 families with children have just recently registered with the NHDC and have
joined the queue for the acquisition of a house.
RIAMBEL
3. These 6 families with children have just recently registered with the NHDC and have joined
the queue for the acquisition of a house.
The following column chart gives a more detailed overview of the number of children identified in
squatter camps at Pointe aux Sables and Riambel categorised by age groups:
16
14
Number of children
12
10
10
8 7
6
6 5
4
4 3
2
2
0
0-5 years 6-11 years 12-17 years TOTAL
Pointe aux Sables 6 7 4 17
Riambel 5 3 2 10
It was observed that most of the squatter families at Pointe aux Sables and Riambel were female-
headed. Child care was mainly being carried out by single mothers, including young ones. Owing to their
economic vulnerability, the absence of fathers in the family made it significantly challenging for these
mothers to find a job or be supported in meeting the needs of the children. Some of the children had
never met their fathers, while others were not even declared by the father at birth. Growing up without
a father can have adverse long-term effects on the development and psychological well-being of the
concerned children, even more so when the father is unknown. This can be considered as a non-respect
of the right of the child to an identity, which is clearly stipulated in article 7(1) of the UNCRC: “The child
shall be registered immediately after birth and shall have the right from birth to a name, the right to
acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.”
With regards to education, most of the squatter children attended schools. However, the rate of
absenteeism was quite high among this category of children. Both at Pointe aux Sables and Riambel,
parents informed OCO’s Investigators that their children had difficulties coping with the school
programme, mainly because of their deplorable living conditions and family distress. The squatter
camps were not conducive to learning and they did not have a proper area where they could do their
homework.
5.2.4.5.1. Poverty
Many squatters stated to the OC that they were living in extreme poverty. Some of the adults said that
they had no other option than to live in tents because they had lost their jobs during the COVID-19
lockdown. Others were unemployed since a long time. All of them claimed that they had very limited
resources.
The squatter camps were visibly unfit physical environments for the daily living of the squatters. There
were limited washroom facilities. On rainy days, there was water leakage in the tents, which caused
significant inconvenience to children and their families. During a field visit, squatter families informed
an OCO’s Investigator that some well-wishers from the neighbourhood at times offered
accommodation to infants, especially on rainy and very cold nights. At both squatter camps in Pointe
aux Sables and Riambel, litter could be found everywhere, and stray dogs were roaming around.
Squatter families of both areas, who spoke with the OC and Investigators, were very concerned and
worried about the safety of their children. Their children often witnessed violence within the squatter
camps, and, at times, they got into physical and verbal fights with other squatters. In addition, the
families reported that their children were being exposed to people who were smoking cigarettes, and
consuming alcohol and drugs, at or in the vicinity of the squatter camps. The OC and her team
additionally observed that some children appeared to be left on their own with no supervision from
their parents.
Furthermore, ‘genuine’ squatter families expressed their unhappiness and frustration with the
presence of ‘fake’ squatters. They protested by saying that, “Bann la inn fek pik latant parski zot anvi
gagn ankor lakaz. Zot ena lakaz, zot pe anvi gagn lakaz gouvernman”. Squatter families of Riambel in
particular brought the attention of the OC and her team to the presence of other unknown people who
occasionally come to occupy overnight empty tents left by previous families at the squatter camps. For
instance, they recounted that some people had attended a concert nearby and they came to sleep in
the empty tents that night. In both Pointe aux Sables and Riambel, families reported that sometimes
the ‘fake’ squatters or the random campers behaved inappropriately towards the families and the
children. In addition, they also noted that some of these strangers only came over when donations were
being distributed by NGOs and other civil society organisations.
Altogether, these precarious conditions could cause squatter children to become victims of different
forms of abuse, including sexual abuse and prostitution. These situations could significantly impact on
children’s physical and mental health, as well as their opportunities in life.
Children freely expressed themselves on their conditions of living and difficulties they face in their
everyday lives. Some of their comments were captured as follows (in Mauritian Creole):
• "Dan lekol zot dir mo sal, mo dormi deor, mo nepli anvi al lekol."
• "Kifer nou pena lakaz. Mo mama plore toulezour me li ena boukou kouraz. Kan li divan nou,
li dir ki li pa pe plore."
• "Mo per vann CDU ramas mwa. Mama dir ki zot kapav vini ninport ki ler."
• "Enn zour kan mo vinn gran, mo pou travay dan DC*. Mo pou donn lakaz zanfan mizer."
[*The child was trying to say NHDC.]
A number of NGOs and other civil society members have rushed to provide support to squatter families,
especially since their structures have been demolished. Examples of actions carried out were:
Although the dynamism and solidarity of these organisations and individuals were commendable, the
OC noted a few limitations in relation to some of these support initiatives, as listed below, which could
adversely impact on the promotion and protection of squatter children’s rights:
• At times, it was observed that there was a lack of coordination among the organisations and
individuals, which resulted into confusions and diverging interpretations of the actual needs and
experiences of the squatter families and their children.
• Some organisations who were offering similar support services appeared to be competing
among one another, instead of consolidating their actions in the best interests of the squatter
families and their children.
• A few self-appointed advocates were observed speaking on behalf of the squatter families and
their children, but they actually did not have any training in human and children’s rights and/or
social welfare and support.
5.3. Recommendations
The OC proposes that, as a pre-requisite, the term ‘homelessness’ must be defined within our local
legislation. ‘Homelessness’ currently has no legal definition within the Republic of Mauritius, which can
create confusion on identifying who is actually homeless or not. For instance, in the United Kingdom,
the Housing Act 1996 and the Homelessness Act 2002 define specifically who can be considered as
statutorily homeless. Those who qualify under this definition are entitled to housing, social, health and
psychological services adapted to the needs of this target group. The issue of ‘fake’ squatters often
arises whenever genuine homeless families manifest themselves. A clear definition of a homeless
person within our country could help in differentiating between a ‘genuine’ and a ‘fake’ squatter,
whereby a ‘genuine’ squatter would fit all the local criteria of statutory homelessness and be eligible to
access homeless services.
The OC recommends the setting up of a specialised homelessness unit by relevant ministries involved
in tackling this issue, that could triage, assess and intervene in all registered cases of statutorily
homeless people, using a human rights-based framework. Statutorily homeless families with children
must be considered a priority group for referral to support services. An ongoing survey that collects
disaggregated data on each of these families could be carried out. This information could allow for a
more holistic approach to intervening with these families. It could also provide valuable information on
the number, age groups, gender, education, health and birth registration status of the homeless
children, that can aid in the promotion of their fundamental rights.
NGOs and civil society actors who have been active in supporting squatter families could organise fund-
raising activities to contribute towards the acquisition of social housing for genuinely homeless cases.
Mauritian citizens living in the country and abroad could also be mobilised to donate money to this
cause. The OC appreciates the laudable initiative of local artists who performed at a concert on 19
September 2020 to collect funds for homeless families so that they could pay their 10 per cent down
payment for the acquisition of NHDC houses. The OC also advises that part of the money received
during such fund-raising activities could be invested in temporarily renting transitional accommodation,
such as private houses or hostels, for these families. This could serve as a rapid and intermediate
solution to enable genuine squatter families and their children to access a safe temporary shelter. As a
way of participating to their recovery, the concerned families could also be encouraged to provide a
nominal contribution to the rent, if they could afford it.
The OC recommends that fund-raising and other solidarity actions intended for supporting homeless
families must be performed within a legal framework, through a multi-stakeholder committee involving
representatives from public, private and civil society sectors, including key members from the homeless
population, to maintain a high level of transparency and accountability. Uncoordinated and
unregulated solidarity actions, especially those involving financial transactions, can become a source of
unethical and corruptive practices. Many citizens have contacted the OCO to express their desire to
support homeless families financially. However, we could not respond to their queries in the absence
of a formalised procedure to receive financial aids for these families. In fact, the OCO is not mandated
to collect any kind of donation on behalf of vulnerable groups of people.
Once the current cohort of squatters are dealt with, and the identified genuine squatter families with
children have a safe temporary shelter, the OC believes that it is highly necessary to ensure, with the
collaboration of public, private and civil society organisations, that no individual or group of people
become squatters, especially if they are a family with children. As it has been discussed in sub-section
5.2.4.5 of this chapter, squatter camps are high-risk environments where multiple violations of
children’s rights take place. It is advised that empty tents or structures on State lands are cleared out
to prevent new people from occupying them.
As soon as the criteria for statutory homelessness are clearly defined within our law (refer to sub-
section 5.3.1), intensive sensitisation campaigns could be carried out to educate the public at large on
Ombudsperson for Children Children’s Rights in the Context of Homelessness | 188
Annual Report 2019-2020
who is legally homeless and the specific support services available to this vulnerable group. It must
become clear in the minds of people that the ‘specialised homelessness unit’, as proposed in sub-
section 5.3.1, would be the only point of entry for access to homeless services. The OC thinks that it is
also important to shift the mentality of people on understanding that squatting is illegal and must not
be considered as a quicker way of obtaining social housing. The recommendations proposed in sub-
sections 5.3.5 to 5.3.9 would apply only to statutorily homeless families and children.
5.3.5. The need for personalised social support plans for homeless
families
To better protect their children, homeless families do not only need financial resources, but also
personalised social support. Tailor-made social support plans are designed with the active collaboration
of the beneficiaries and ensure that services provided are relevant to their needs. An important aspect
of a personalised social support plan is that it builds upon the family’s resources, capacities and
strengths, and ensure that the family members are the primary decision makers on matters concerning
them.
The Ombudsperson for Children recommends that the NGO Safire (Service d’Accompagnement, de
Formation, d’Insertion et de Réhabilitation de l’Enfant)82, which has a proven track record since 2006 in
the social empowerment and management of children and families living in street situations, could take
the lead in designing personalised social support plans with homeless families and their children. While
the families are living in transitional accommodation, intensive psychosocial support services could also
be arranged for them to empower them on how to improve their economic conditions and promote
the well-being of their children. The National Social Inclusion Foundation (NSIF) could support this NGO
financially to set up and implement this project for the welfare of the homeless families and their
children.
82
More details on Safire can be accessed on its website (safire-ngo.org/welcome/home).
Homeless children can experience trauma and are at high risk of suffering from social, behavioural,
emotional and psychological problems. The parents of homeless children may become helpless in
exercising their authority over their children as they may not be equipped to deal with a child who is
developing such problems. Moreover, homelessness conditions exacerbate difficult feelings within
families such as tension, fear, anger and frustration, and the family unit has heightened risks of
becoming dysfunctional.
In 2005, the Ombudsperson for Children’s Office recommended to the then Ministry of Women’s
Rights, Child Development and Family Welfare to set up a Family/Child Mentoring Programme. In 2008,
the Child Protection Act 1994 was amended with the addition of a Child Mentoring Scheme (sections
3A-3F). The amended Act provides for the allocation of a Child Mentor to children who
In order to empower homeless parents to exercise parental authority over their children, the Ministry
of Gender Equality and Family Welfare could identify the children who may have one or more of the
above-listed difficulties, and allocate a Child Mentor to each family requiring this service.
Kinship care is defined as care provided by relatives or close family friends to children who cannot live
with their parents. Kinship or informal care is normally arranged without the intervention of any child
protection services. In the Republic of Mauritius, it implies that a child would move to another family
close to his/her parents without the intervention of the CDU or the foster care department. Parental
neglect is a common reason why children may find themselves in kinship care. Although the child lives
away from their parents, kinship care can help them maintain a sense of stability and safety, as well as
remain connected with their family and cultural norms.
Homeless families also entrust their children to kinship care in order to ensure their protection. These
parents do not necessary lack the parenting skills to look after their children. They just do not have the
resources to offer a decent accommodation to the latter. During the OC’s investigation, she noted that
some squatter families at Pointe aux Sables and Riambel had already arranged for the kinship care of
their children for until they had better housing conditions. The OC is of the view that other homeless
families with children could be encouraged to choose the option of kinship care within their trusted
social networks to protect the best interests of their children, while they work towards improving their
situation. To motivate trusted relatives or friends of homeless families to provide kinship care to their
children, the OC thinks that an NGO, with proven experience and skills in alternative care and the design
of personalised social support plans, could set up an NSIF-funded project to facilitate this process.
Needless to say, kinship care should be a temporary measure and children should be reunited with their
parents in the shortest delay possible.
Being homeless can be a traumatic experience for children, that could leave lasting psychological
damage and adversely affect their cognitive, emotional and social development. Governmental
institutions in collaboration with NGOs could provide ongoing psychological therapies and support to
homeless children and their families, in order to help them overcome the trauma related to their
situation and also to prevent or minimise their risk of developing mental health disorders. This service
could be coordinated by the ‘specialised homelessness unit’ (proposed in sub-section 5.3.1) and it could
be based within local buildings such as at Citizen Advice Bureaux or in community centres.
As observed during the OC’s investigation, the squatting conditions considerably hindered the school
routine and educational progress of homeless children. It is proposed that governmental institutions
and NGOs could call upon volunteer and/or retired teachers to provide remedial academic assistance
and support to homeless children. This initiative could be carried out in an educational institution after
school hours or in community or social centres. Cultural, leisure and recreational activities, which are
important aspects of education, could also be organised by NGOs and sports organisations for the
homeless children in order to improve their overall development and self-esteem. The OC emphasises
that educational support to homeless children is a MUST as it is a crucial stepping stone to helping
them move out of intergenerational cycles of poverty and homelessness.
This own-motion investigation to enquire on the situation of children living in squatter camps at Pointe
aux Sables and Riambel was a very difficult and delicate process. Initially, the OC encountered
difficulties in identifying credible representatives of squatter families. It was also hard to distinguish
between ‘fake’ and ‘genuine’ squatter families. Despite these challenges, she made it her duty to listen
to the voices of the homeless children and families living at the squatter camps. She firmly believes that
NO DECISION CONCERNING THEM SHOULD BE TAKEN WITHOUT THEM.
Furthermore, the OC highlighted the importance for legislating a clear local definition of
‘homelessness’, and for empowering homeless families to become their own advocates and active
agents of change. In this context, the OCO will soon organise workshops to enable them to better
understand the concepts of human and children’s rights, in collaboration with a local NGO called “DroItS
huMains Océan Indien” (DIS-MOI)83, which is very active in the field of human rights education.
Ultimately, the OC hopes that, an awareness of the risks of squatting to the safety, well-being and rights
of their children would enable homeless families to refrain from squatting, but rather seek support
from their trusted social networks and the authorities in the best interests of their children. Finally, she
invites NGOs and other civil society representatives to seek guidance from the OCO on matters related
to homeless children’s rights.
83
More information on DIS-MOI can be found on its website (dismoi.org).
CHAPTER 6
Report on Activities for
the Year 2019-2020
5 Investigators
14 Support Staff
350 316
300
250
200
150
100
54
50 33
0
Total cases lodged Cases resolved Cases awaiting Cases in progress
reports from
stakeholders
*It is to be noted that the total number of cases lodged at the Ombudsperson for Children’s Office for
the reporting year 2019/2020 (i.e. 403) was lower than the totals of the reporting years 2017/2018 (i.e.
465) and 2018/2019 (i.e. 466). This was because, relative to the last two reporting years, less complaints
were received between 20 March and 30 May 2020, which was the COVID-19 confinement period.
29 56
• Meetings at the
45 OCO
• Meetings outside
110 the OCO
• Activities organised
11 by the OCO
38 field visits
Workshop on At the request of the Cubies IPS Nursery and Pre-primary School, a workshop
on the consequences of child abuse and corporal punishment on children
child abuse
was delivered by OCO’s Investigator Ms S. Johaheer. As per the
Ombudsperson for Children Act (OCA) 2003, the OCO is mandated to
The Cubies IPS Nursery/
promote the rights and best interests of children through regular awareness
Pre-primary School,
and sensitisation activities. In this workshop, the educators were sensitised
Rose Hill
on the OCO’s objects which are mainly to ensure the protection of children’s
16 August 2019
rights and to promote compliance with the UNCRC.
The children’s book “L’amour de Nani Coco pour son pays” and posters on parental
alienation were distributed to the participants. The educators of the Cubies IPS Pre-primary
School had the opportunity to learn about the UNCRC, which was new to them, and they
were able to relate its importance to their work.
“The training of teachers is something far more than learning ideas. It includes the
~ Dr Maria Montessori
The year 2019 was marked by an important rapport-building between institutions directly
or indirectly involved with children’s rights of the Republic of Mauritius and the Republic of
Djibouti respectively. In this context and with the support of the AOMF, the OCO received
the visit of Ms Hibo Ahmed, Head of Service, Social and Cultural Department, Office of the
Ombudsman, Djibouti, from 30 September to 4 October 2019.
Ms Rita Venkatasawmy, the OC, explaining the objects of the OCO and
the powers and functions of the OC as stipulated in the OCA 2003.
The OC promotes international exchanges and cooperation as an integral part of the continuous
professional development of people working in the field of child rights. Both visitors and the staff of the
OCO benefit greatly from these meetings.
The rehabilitation of
children in conflict with
the law at the CYC and
RYC falls under the
mandate of the
Commissioner of Prisons.
Ms H. Ahmed paid a
courtesy visit to Mr V.
Appadoo, Commissioner
of Prisons. She also
visited the RYC to learn
about the rehabilitation
work being carried out
there.
Ms. H. Ahmed, accompanied by Ms L. Jhugroo, Secretary of the OCO, met with two
Officers of the RYC (Boys) during the visit at the centre. Ms Ahmed listened with
great interest on the way juveniles are rehabilitated at the RYC and CYC.
Workshop on Child’s The OC was invited at the Northlands Primary School to conduct a
sensitisation workshop with the school personnel on the rights of the
Right to Education
child to education. The OC also talked about the issue of violence at
school and the need to protect children from all forms of school-based
Northlands Primary School,
violence. More than 40 staff were sensitised on the importance of
Triolet
30 October 2019 protecting and promoting the rights of children.
~ Brian Tracy
Basic photography skill is a desired and required competency at OCO, both for
Training on
investigators and the supporting administrative staff. During the course of
Photography investigations and field visits, it is crucial to take pictures of living conditions of the
children concerned as part of evidence gathering. Also, activities organised by the
15 June 2020
OCO throughout the year are captured in photographs and included in the Annual
Reports.
Universal In a spirit to mark the Universal Children’s Day and the 30th anniversary of the
Convention on the Rights of the Child, the Ombudsperson for Children’s Office
Children’s Day
organised an activity week from 19 to 22 November 2019. The slogan chosen
19 – 22 November
to mark the celebration of these events were “Tou zanfan ena drwa a zot
2019
lanfans”.
The Universal Children’s Day is celebrated globally on 20 November to mark the day
on which the General Assembly of the United Nations adopted the Declaration of the
Rights of the Child, in 1959, and the Convention on the Rights of the Child (CRC), in
1989. The year 2019 was a special year as it marked the 30th anniversary of this
momentous day and an opportunity for the international community to renew their
The UNCRC is the most widely ratified international human rights treaty and
noteworthy progress in the children’s agenda has been achieved in the past thirty
Press conference on Aligned with the global commitment to ensure that child
participation be central to the 30th anniversary celebrations, the
the “Celebration of the
Ombudsperson for Children’s Office (OCO) organised a series of
30th Anniversary of the activities to mark this event. The aim of this press conference was
Convention on the to inform the public on the various events being organised by the
Rights of the Child OCO in view of empowering young children to become civic actors
and human rights defenders, and sensitising policy makers on the
Conference Room of the OCO, importance to protect and promote children’s rights in the
18 November 2019 Republic of Mauritius.
The OC stressing on the significance of providing children with a space to share their
expertise and experience. Each member of the press was provided with a calendar of
activities being organised by the OCO from 19 to 22 November 2019 to mark the 30 th
Anniversary of the CRC.
~ Robert Rodriguez
Time: 10 00 hrs
Date: Wednesday 20 November 2019 - Official Ceremony in the presence of His Excellency Mr
Vincent Degert, Ambassador and Head of the Delegation of the
Time: 09 00 hrs – 15 00 hrs European Union, and Honourable Ms Kalpana Devi Koonjoo-
Shah, Minister of Gender Equality and Family Welfare
Venue: Goldcrest Hotel, Quatre Bornes - Interactive workshop with children from Safire,
Rehabilitation Youth Centre and Correctional Youth Centre
(Boys and Girls) on the theme: “Anou Coz Drwa Zanfan”
Ombudsperson for Children Report on Activities 2019-2020 | 215
Annual Report 2019-2020
Universal Children’s Day
Date: Thursday 21 November 2019 - Recreational Day in collaboration with Early Childhood Care
and Education Authority (ECCEA): Celebrating the Universal
Time: 10 00 hrs – 15 00 hrs Children’s Day with pre-primary students
Date: Thursday 21 November 2019 - Meeting with children in connection with Universal
Children’s Day 2019
Time: 13 30 hrs – 15 30 hrs
Date: Friday 22 November 2019 - Grand Show entitled “Anou Selebre 30 an Konvansion Drwa
Zanfan” organised by the OCO with the participation of
Time: 10 00 hrs – 12 30 hrs children from Rodrigues, SOS Village, Mauritius Scouts
Association, Mauritius Girl Guides Association and Quatre
Venue: Paul Octave Wiehe Auditorium, Bornes State Secondary School
Réduit
- Award Ceremony for Story Telling Competition (Pre-primary
school teachers)
~ John Sununu
The OC firmly believes that formulating clear objectives and setting realistic timeframes are crucial to
planning an event. The Grand Show entitled “Anou selebre 30 an Konvansion drwa Zanfan”, held on 22
November 2019, involved complex time management, scheduling and coordination with the rest of the
calendar of activities. The Quatre Bornes SSS fully collaborated with the OCO and provided its
Multipurpose Hall for conducting rehearsals. The success of this Grand Show is a testimony of the hard
work of all collaborators and participants!
Ombudsperson for Children Report on Activities 2019-2020 | 218
Annual Report 2019-2020
Universal Children’s Day
Film projection of The World Day for the Prevention of Child Abuse was launched in 2000 by the
the “Wonder” Women’s World Summit Foundation. This day is celebrated every November
19th in synergy with the Universal Children’s Day (November 20th). It aims to
movie highlight the issues of abuse against children and calls for actions from people
and stakeholders from all walks of life. In this context, the OCO organised a
Rajiv Gandhi Science film projection whereby the movie “Wonder” was played and discussed with
Centre,
200 children living in vulnerable conditions who attended the event.
19 November 2019
Bella, a young participant commenting on the hurdles, that young children of her age go
through, such as bullying, and on how youngsters can become agents of change and
promote their peer’s empowerment.
Interactive The child’s right to be heard is one of the underpinning principles of the United
Nations Convention on the Rights of the Child. This right remains one of the
Session on most challenging and difficult right to implement across the world. It is even
“Anou coz drwa practically non-existent for vulnerable and marginalised children, particularly
zanfan” those placed in alternative care institutions and children in conflict with the
law. In this context, the OCO organised an interactive session entitled “Anou
Goldcrest Hotel, coz drwa zanfan” with 100 children from Rehabilitation Youth Centres,
Quatre Bornes, Correctional Youth Centres and the NGO Safire, in view of raising awareness
20 November 2019 on children's rights and providing children with the opportunity to have their
voices heard.
The specific objectives of the project are to empower children through a better knowledge of their
rights and responsibilities, reduce the prevalence of violence against children, especially the girl
child, and bring awareness amongst stakeholders working with children and the public at large on
the UNCRC and issues affecting the rights of children.
“From January to September of this year, the Child Development Unit recorded 4800 cases of
child abuse. This figure is challenging: one case is already one case too many!” declared the
Hon. Ms. Kalpana Koonjoo-Shah, the Minister of Gender Equality and Family Welfare, at the
launching of the Interactive Session. She commended the commitment of the Ombudsperson
for Children and the initiative of the European Union and said that her ministry will give its full
support to the protection of children's rights in Mauritius.
From far left, H.E. Vincent Degert, Head of the European Union (EU) delegation, the Hon.
Minister of Gender Equality and Family Welfare, Ms. Kalpana Devi Koonjoo-Shah, Ms Rita
Venkatasawmy, Ombudsperson for Children, together with children from Safire cutting a
special cake on the occasion of the 30-year milestone of the Convention
Investigator Mr. I. Bawamia animating a session on Investigator Ms. S. Mauree explaining the UN
"Pourquoi aimes-tu ton pays?" and a quiz on "Les Convention on the Rights of the Child as well as
droits de l’enfant : Je découvre, je comprends !" the role and functions of the OCO.
“We worry about what a child will become tomorrow, yet we forget that he is someone
today.”
~ Stacia Tauscher
Honorable Ms. Leela Devi Dookun- Luchoomun, Deputy Prime Minister and Minister of Education
and Human Resources, Tertiary Education & Scientific Research (far right in front row) and Ms
Rita Venkatasawmy, Ombudsperson for Children (second from the right, front row) highly
acclaimed the talent and enthusiasm of the children who participated.
“States
Parties
recognize
the right of
the child to
rest and
leisure, to
engage in
play and
recreational
activities
appropriate By means of a story, the OC explained to the young children the importance of their
to the age of rights to play and to participate in cultural and recreational activities, which impact
the child positively on their development and help them achieve their full potential!
and to
participate
freely in
cultural life
and the
arts.”
~ Article
31(1),
UNCRC
“Let the children free; encourage them; let them run outside when it is raining; let
them remove their shoes when they find a puddle of water; and, when the grass of the
meadows is damp with dew, let them run on it and trample it with their bare feet; let
them rest peacefully when a tree invites them to sleep beneath its shade; let them shout
and laugh when the sun wakes them in the morning.”
~ Dr Maria Montessori
Rodrigues is an integral part of the Republic of Mauritius and this Grand Show would not have been
complete without the participation of children from Rodrigues. For the celebration of the Universal
Children’s Day and the 30th anniversary of the CRC, a delegation of 21 children and 6 adults from
Rodrigues were welcomed by the OCO. Mr. Jean Cledino Edouard (far left, front row, in picture),
member of the Child Mentoring Committee of CDU Rodrigues, prepared this brilliant delegation of
child artists.
In April 2019, the OCO launched a creative story-writing competition targeting all teachers of pre-primary
schools of the Republic of Mauritius. This initiative aimed at promoting a culture of peace among young
children in pre-primary schools through the creation of quality pedagogical and creative stories. On the
occasion of the Universal Children’s Day 2019 celebrations, the best stories were awarded in recognition of
their creativity and ability to convey values and peace messages. A trophy along with educational and
pedagogical tools were gifted to the winner, the first and second runner ups, and one special prize awardee.
“If you want your children to be intelligent, read them fairy tales. If you want them to
~ Albert Einstein
An African dance by the children of the SOS A wonderful poem entitled “Le Droit des Enfants”
Children’s Village, Bambous performed by Gesha Askoorum with Jordan Edouard
playing the guitar, both from SCOUTS
A powerful song interpreted by the choral of A Nepalese dance gracefully performed by the
SOS Children’s Village, Bambous students of Quatre- Bornes SSS
“There's nothing more contagious than the laughter of young children; it doesn't even
~ Criss Jami
The long-awaited Princess Rapunzel made her grand entry, much to the delight of the audience!
Princess Rapunzel addressed the audience and explained that combing her mane of hair took time,
which delayed her arrival to the Grand Show. She undoubtedly charmed the audience and thanked
the Ombudsperson for Children for inviting her.
The young members of the SCOUTS performing a An elegant traditional Chinese dance by the
sketch on “Droit de l’Enfant” which was highly dancers of the Chinese Cultural Centre who
appreciated by the audience. marvelled the viewers.
The dancers performing a graceful Chinese folk A modern dance beautifully executed by the
dance! children of Mauritius Girls Guide Association!
~ Berkeley Breathed
The students of Quatre Bornes SSS The young participants from Rodrigues inspiring
performing a beautiful Rajasthani Dance! everyone with the song “la maltraitance de
l’enfant”.
The song “la maltraitance de l’enfant” was written A Rodrigues traditional dance magnificently
and composed by Mr. E. Cledio. performed by the Rodriguan child artists. The
audience was enthralled by the appealing beat of
the music!
~ Pablo Picasso
As rightly pointed out by Ryunosuke Satoro, “individually, we are one drop. Together, we are an ocean”. This
truly captures the reason behind the success of the activities organised to mark the celebrations of the
Universal Children’s Day as well as the 30th anniversary of the Convention on the Rights of the Child. The
Ombudsperson for Children applauded the fruitful collaboration and unflinching support of the Quatre Bornes
SSS, SOS Children’s Village (Bambous), Safire, Early Childhood Care and Education Authority, Mauritius Scouts
Association, Mauritius Girls’ Guides, and the Commission for Child Development and Others of Rodrigues!
Banquet at The various activities, particularly the Grand Show, called for careful and
considerable planning and coordination among all participants and guests
“Le Maghreb
to ensure that the spirit of the UNCRC is remembered by everybody! As a
Restaurant” closure to the week’s activities and an appreciation for the dedicated
involvement of the key stakeholders of the Grand Show, a banquet was
Trianon, organised by the Ombudsperson for Children’s Office at “Le Maghreb
22 November 2019 Restaurant” at Trianon.
“If you make children happy now, you make them happy twenty years hence by the
memory of it.”
~ Oscar Wilde
There cannot be any celebration without cakes! After dinner, all the children and guests got together
for the most awaited moment- the cake cutting!
The OC handing over tokens to Mr. Jean Edouard (left picture) and Ms. Michaella Carli (right picture),
both from the Commission for Child Development and Others of Rodrigues, in recognition and
appreciation of the efforts put in by the Rodriguan participants in the conception of the two items they
presented at the Grand Show. Our deepest appreciation to the Commissioner - Ms. Franchette Gaspard-
Pierre Louis – for her unflinching support and collaboration in promoting the rights of children of the
Republic of Mauritius!
After the cake cutting, Mr. Jean Edouard entertained the children by playing the guitar while Anjelly
Shane Legentil accompanied him by playing the accordion. The exuberating music appealed to all the
guests who could not help clapping and moving to it! The children had fun showing their brilliant dance
moves! It was definitely an evening that the children would remember and cherish for long. This
Universal Children’s Day Celebrations week was widely covered by the media and press. Extracts from
Le Mauricien and Le Défi Quotidien are included in the next pages.
“Each day of our lives we make deposits in the memory banks of our children.”
~ Charles R. Swindoll
Participants from different institutions gathered for the official opening ceremony.
The opening ceremony was graced by the presence of eminent personalities including His Excellency
Mr Vincent Degert (far right), Ambassador & Head of Delegation, European Union, and His Excellency
Mr Marie Cyril Eddy Boissézon (centre), Vice President of the Republic of Mauritius.
~ Margaret Mead,
Cultural Anthropologist
“States
Parties shall
assure to the
child who is
capable of
forming his or
the right to
express those
views freely in
all matters
affecting the
child, the
views of the
In her address, Ms Rita Venkatasawmy, the Ombudsperson for Children, child being
explained the purpose of this workshop. She underlined the importance of
enabling children to voice out, without any hindrance, concerning sensitive given due
issues affecting them directly. weight in
accordance
This interactive and child-friendly platform constitutes one activity of the
larger project funded by the European Union in collaboration with the OCO, with the age
entitled “Protecting and Promoting the Rights of Children in the Republic of
and maturity
Mauritius (PPRCM)”, and aimed at sensitising children about their rights
through various pedagogical activities. of the child.”
The OC highlighted that it is the duty of the State to make sure that the right
of children to participate is being implemented as stipulated in Article 12 of ~ Article
the UNCRC (see box on the right). In this context, it is not only important to 12(1),
allow children to express themselves, but consideration should be given to
creating optimum environments and settings in which children can voice out UNCRC
their opinions.
In his speech, His Excellency Mr Vincent Degert, Ambassador & Head of Delegation, European Union,
emphasised on children knowing and identifying their rights. He encouraged them to be aware of the
risks that are present in their environment. He also stressed the importance of children being able to
express themselves by voicing out their opinions and, in the process, developing their self-confidence.
"Children need systems that are inclusive and driven by them, systems that will enable
~ Jeroo Billimoria
Drwa zanfan
Nou, bann zanfan, nou viv lor enn sel later avek
diferan relizion, miltikiltirel,
diferan fason priye, diferan fason viv.
Ms Gesha Askoorum, a young aspiring poet, Nou tou enn sel kalite dimounn
recited one of her poems, accompanied by Mr avek enn sel kouler disan ki rouz.
Jordan Edouard, a young guitarist. Bann lalwa ek respe zanfan res parey pou zot
tou.
THE POEM Nou bann zanfan aktiel nou lexanp fitir
(Language: French & Mauritian Creole) zenerasion.
E par nou mem nou vinn bann bon sitwayin pou
Les droits des enfants ayant peu de force que
ki nou kapav zer sa lemond la.
l’homme,
Nou, bann zanfan, nou kapav manze, bwar,
Mais sont certainement respectés par la loi des
nou kapav zwe me nou pa bizin inflianse par
enfants.
ladrog ki pe fini sa pei-la.
L’enfant, innocent comme tout et fragile comme
Nou pa bizin inflianse par move frekantasion ki
la plume d’un oiseau,
pe detrir nou zenes.
peut être content, peut être malheureux,
E touzour ena enn panse pozitif.
peut être souffrant, peut être fort,
Nou, bann zanfan, nou kapav ris swa pov.
s’asseyant dans un petit coin obscur
Nou kapav ena lapo nwar swa lapo blan.
en réfléchissant la vie pénible qu’il passait
Bizin dir Non a Rasis
en réfléchissant les différences, la pauvreté et la
parski bondie ki finn met nou lor sa later la.
richesse et en pensant une solution pour l’égalité.
Respekte nou bann zanfan,
Le droit aussi connu comme une liberté,
respekte nou drwa.
une liberté de confiance et de précision qui
kouma enn gran dimounn apel Robert Baden-
mènera vers le bon chemin et qui ressemble à la
Powell ti dir
vie principale de l’enfant.
‘’Soyez prêt’’.
Et c’est là que je me suis dit que l’enfance n’est
Nou tou ansam lame dan lame
pas toujours le paradis, il faut savoir combattre,
pou batir enn lemond pli meyer.
combattre contre le mal, le méchant et vaincre
pour la beauté qui est le droit de ses enfants.
(Author: Gesha Askoorum)
From left to right, Ms Rita Venkatasawmy, the Ombudsperson for Children; His Excellency Mr Vincent
Degert, Ambassador and Head of Delegation, European Union; His Excellency Mr Marie Cyril Eddy
Boissézon, Vice President of the Republic of Mauritius; and Ms Lata Jhugroo, Secretary of the OCO
Following the official opening of the workshop, all participants engaged actively in a bonding
exercise by greeting each other. The Ombudsperson for Children (OC) then proceeded to explain
about her mandate, the role of the OCO, and the various kinds of child rights violations which
can be reported at the OCO, such as child sexual abuse, bullying, violence in educational settings
and school infrastructure issues among others. She informed participants about how the OCO
conducts sensitisation campaigns on children’s rights. She also talked about the responsibilities
of children to show respect towards others at school.
A video projection, entitled “C’est quoi les droits de l’enfant?”, was also shown to the
participants for a better understanding of their rights. The OC emphasised the importance of
expressing themselves and giving their opinions on decisions concerning their lives, while
respecting adults.
"...in serving the best interests of children, we serve the best interests of all humanity."
~ Carol Bellamy
Students present
were divided into
several groups to
carry out focused
discussions.
The Ombudsperson
for Children talking
about her role as per
the Ombudsperson
for Children Act
2003, the powers of
her Office and the
importance of the
Convention on the
Rights of the Child.
The OC further explained that children have rights, irrespective of age, race, religion and sex, such as
the rights to health, education, play and freedom of expression among others. The OC encouraged the
participants to voice out as much they can on any harassment or discrimination that they may face at
their schools.
During this interactive session, she talked about how bullying is a serious issue among young people
these days. Bullying at school may take several forms such as physical, sexual, emotional or cyber
bullying, and can have long-lasting psychological effects on the bullied. She stressed upon the right for
every child to live and study in a peaceful and secure environment.
The OC and the participants discussed on ways to prevent bullying among children. Most of them said
that they witnessed some of their friends being bullied at school, especially during recess time, and they
thought that this should not happen anymore. They all wished that their school environment could be
free from all forms of bullying.
"The greatest gift we can give to our children is to raise them in a culture of peace."
~ Louise Diamond
After the projection of a video entitled “La participation, c’est quoi?”, Mr I Bawamia, Investigator at the OCO,
helped the children understand that effective participation depends on two conditions. Firstly, respect for
others is a sine qua non, keeping in mind that everyone has a different opinion and that consideration should
be given to others’ views. Secondly, peace and dialogue are two crucial elements to create non-violent
contexts that facilitate communication and active participation from children. Mr Bawamia also emphasised
the need for children to be able to express their opinions freely, while respecting their parents’ opinions too.
Voices of children
1. Bullying;
2. The Right to Education;
3. Teenage Pregnancy;
4. The Right to Play, Rest and Leisure; and
5. The Right to Health.
Question 1: What do you understand by the term ‘bullying’? Question 2: What are the
Children have defined the term ‘bullying’ as using physical force to cause harm types of bullying?
on someone else to make them behave as per their wish. They also believe that According to the
the victims suffer in silence and that bullying does not stop until the victim participants, some of the
voices out their suffering. A bullying situation usually involves the victim(s), the types of bullying include
one(s) causing harm and the spectators. Bullying can also be described as a physical and psychological
negative judgmental attitude against a child’s social class, race, religion and harassment, sexual abuse,
disability. cyber bullying, aggression,
threats against others.
Moreover, peer pressure is
a form of bullying which
may include forcing others
Question 3: What are
to take illicit substances,
the consequences of
consume alcohol or smoke.
bullying?
Emotional bullying can be
in the form of taunts
Bullying can cause a
against someone’s clothing
child to be physically
style, physical appearance,
wounded and may need
verbal abuse which display
medical assistance,
jealousy, racism and
which disrupts his life. It
discrimination. Children
may lead to loss of
believe that emotional
appetite, change in
bullying can cause more
attitude at school and
harm than physical
at home, isolation, self-
bullying since words hurt
harm and an inability to
more than actions.
concentrate in one’s
studies thus negatively
impacting the school
grades. Children also Question 4: What do you think can be done to prevent bullying? As a child,
believe that bullying what steps can you take individually?
can completely change In order to prevent bullying, more sensitisation campaigns should be organised at
a child’s character and schools and children should be encouraged to participate in recreational activities
personality in a such as sports and games. This would help them to build self-confidence and
negative way. It can develop team spirit. Children also proposed that an ‘anti-bullying day’ should be
eventually cause stress, organised where artists can be invited to make posters about the effects of
anxiety, depression bullying. As an individual, children believe that they should communicate more,
which may even lead to build good relationships with their friends, and also be a good person so that
suicide. others can learn from their behaviour.
Question 1: Why should a child rest, play, take part in leisure and artistic activities? Question 2: How
Children believe that leisure is important for a good physical and mental health. It is many of you practice
also important to take rest to concentrate better at school. Social activities are
leisure activities?
important to make new friendships and create more social bonds. Activities also serve
as a means to relax and avoid stress. How many times per
week?
Most of the students
Question 3: Do you reported that they
think that there are practiced sports and
artistic activities such
enough facilities
as football, judo,
available to practice swimming, kick-
leisure activities? boxing, dancing and
Children expressed that playing the guitar.
there are not enough They usually spent
facilities available to three days a week
practice sports, for doing physical
example, transport as exercises. They mostly
some sports centres are practiced their
far from their place of hobbies during the
residence. They also weekend.
talked about how
musical classes are not
easily accessible to them.
They explained that
Question 4: What can be done to promote more leisure activities for
sports equipment is
expensive and wished children? What can you do on an individual level?
that sponsors could The students said that more school trips could be organised such as during every
provide them with the term. More recreational activities should be organised by the Government such
right equipment. They as fairs, fun activities in leisure parks and courses in sport centres. They believe
also talked about that children should be motivated and encouraged to join sports clubs where
pollution and the lack of coaches could be available to them. This would prevent them from getting
security in recreational involved in illegal activities such as taking drugs and consuming alcohol. Parents
places such as beaches, should restrict small children from spending too much time on mobile phones,
mountains and lakes, computer games and the internet. They should encourage their children from a
which prevent them from young age to practice sports and they should plan more family outings in nature.
visiting those places.
Question 1: What do you understand by the term ‘Right to Health’? Question 2: What are
Children answered that the definition of the term ‘Right to Health’ is that each the health issues faced
and every child deserve to be in good health since their birth. Parents should by youngsters?
make sure vaccinations are given to their babies. They described ‘good health’
They described health
as being both physical and mental health. They believe that every person should
issues as physical and
be provided with the proper health care; vaccinations, medicines, good
mental health issues.
sanitation at school and at home, clean food and infrastructure.
Physical health issues
include obesity, epilepsy,
diabetes, injuries caused
by bullying, sexually
Question 3: Which transmitted diseases,
factors can cause malnutrition, respiratory
health issues in problems and health
complications due to
young people?
teenage pregnancy.
Students explained Mental health issues
that the factors include depression, stress,
causing health anxiety, social isolation
issues in children which can lead to suicide,
are poor family peer pressure, and
structure; lack of engaging in substance
care from parents; abuse such as drugs,
academic failure alcohol and cigarettes.
leading to
depression; bullying
which affect
emotional and Question 4: What can be done to protect the right to health and what can you do
physical health; loss as an individual?
in self-esteem; and They believe that the Government should build more recreational parks and provide
peer pressure which more incentives and information to protect children’s health. They also said that the
can push youth into use of pesticides on fruits and vegetables should be reduced since it causes many
using drugs. They diseases. The Government could organise sensitisation campaigns to promote healthy
also believe that lifestyle among children and educate them about the harmful effects of drugs and
lack of leisure and issues relating to teenage pregnancy. As individuals, children should be motivated to
activities can cause practice physical activities such as dance and sports, and leisure activities such as
stress and obesity. music, art and drama. This could help them in developing their self-esteem and self-
confidence and in discovering their hidden talents.
Educators engaged
in an active
discussion about
bullying, violence
and other issues
faced by students at
their schools. They
also proposed ways
to reduce the
prevalence of these
issues.
~ General Comment No.14 (2013) on the right of the child to have his or her best
interests taken as a primary consideration (art 3, para 1)
Given that educators are not skilled enough to deal with violence and
similar issues at school and that students might not be comfortable to talk
about their personal issues with them, regular contact with Counsellors or
Psychologists should be provided to students.
In the case of teenage pregnancy, educators should be better informed about available
organisations dealing with these issues such as Mouvement d’Aide à la Maternité (MAM)
and Mauritius Family Planning and Welfare Association (MFPWA), among others.
Educators should not stigmatise teenage mothers, but rather should continue to
support their right to education, and sensitise the whole school on the health and
social risks of teenage pregnancy and parenthood in a non-judgmental and
inclusive way.
All behavioural issues have underlying causes and each child is a separate
individual with a unique history. It is important to introduce individualised care
plans for students at school to understand the roots of their violent behaviours
and to come up with appropriate personalised interventions.
A weekly national meeting platform for educators from all educational zones could be
designed and hosted by a well-established institution. This initiative can provide an
opportunity for various educators to come together, discuss the challenges that they face in
their schools, share good practices and propose potential solutions. These
recommendations could eventually be formulated into a policy paper.
At the end of this event, the participants thanked the Ombudsperson for Children for this platform. They
appreciated the fact that they participated actively and that their views were valued. The OC reminded the
participants that with rights come responsibilities. She also emphasised that all children should respect the
norms and values of the society they live in.
Film projection With the support of the European Union under the project “Protecting and
Promoting the Rights of Children in the Republic of Mauritius”, the OCO
of the movie
organised a projection of the movie ‘Wonder’ at the MCine Caudan, Port
Wonder for Louis. A group of 160 children from various organisations including the RYC,
children CYC, Probation Hostel, NGO Safire, Mère Teresa Centre, Mouvement pour
le Progrès de Roche Bois, Future Hope and Teen Hope, accompanied by 30
MCine Caudan, adults, were invited. The objective of this event was to sensitise vulnerable
Port Louis children on the negative effects of discrimination and bullying on the child
29 February 2020 victim.
The movie ‘Wonder’ highlighted themes such as empathy, compassion and acceptance and, most
importantly, children promoting the empowerment of their peers. ‘Wonder’ was highly appreciated
by the young audience and even elicited a big applause at the end of the movie!
“A film has the potential to kindle such a spark of inspiration in an individual that it
“I think empathy is a
the greatest
communicative tools
known to man.”
The OC welcomed the children and explained the importance of non- ~ Michelle Rodriguez
discrimination and the effects of bullying. The activity aimed at
promoting responsible behaviours amongst the young people
through sensitising them on their rights and how these are linked to
their responsibilities.
grow into a
strong and
educated
woman!
~ R. Venkatasawmy,
OC
The Rector of
Sodnac SSS invited
the OC to view an
exposition of works
related to the
International
Women’s Day in
the school’s library.
“When I approach a
child, he inspires in
me two sentiments
— tenderness for
what he is and
may become.”
~ Louis Pasteur
The OCO has the duty to inform the public on its role and
functions so that they are aware of the procedures in
place to file a complaint. This year, for the 4th edition of
the brochure, the OC changed its format into a more
appealing and user-friendly one. Here are a few
illustrations of some of the pages of the brochure:
DATE MESSAGE/QUIZ
15.06.2020 Lartik 28 UNCRC: drwa fondamental a ledikasion, ki inklir zanfan dan sitiasion andikap.
16.06.2020 Komemorasion 16 Zin 1976 mouvman Soweto, kot zanfan ti gagn kout bal akoz zot ti pe
rod zot drwa a ledikasion.
17.06.2020 Drwa a ledikasion se osi aprann dan enn lanvironnman ki sekirize ek pena violans.
18.06.2020 Lartik 29: ledikasion global ek holistik enn zanfan.
19.06.2020 Kwiz: Lekel ki vre ladan?
1. Kan mo mal konport mwa lekol, personn pa gagn drwa fer mwa nanye.
2. Ledikasion ed nou devlop tou nou bann talan, pa zis aprann, lir, ekrir, konte.
3. Konvansion Drwa Zanfan konsern sertin zanfan selman.
DATE MESSAGE/QUIZ
22.06.2020 Lartik 2 UNCRC: Drwa pou proteze kont tou form diskriminasion.
23.06.2020 Pran bann mezir pou ed zanfan dan sitiasion andikap akoz zot osi ena mem drwa ki tou
zanfan.
24.06.2020 Konsiderasion spesial sirtou a zanfan ki viv dan bann kondision difisil.
25.06.2020 Drwa pou proteze kont tou form diskriminasion se enn pilie fondamantal dan konvansion
drwa zanfan.
26.06.2020 Kwiz: Lekel ki vre?
1. Tou zanfan san eksepsion ena mem drwa.
2. Zanfan ki viv dan sitiasion difisil pa bizin drwa. Zot bizin travay pou aste manze.
3. Zanfan dan sitiasion andikap bizin nou sinpati, zot pa bizin ena drwa.
DATE MESSAGE/QUIZ
29.06.2020 Lartik 19 Konvansion drwa zanfan dir ki tou zanfan ena drwa pou proteze kont tou form
violans, ki li fizik, verbal, emosionel, ou sexiel.
30.06.2020 Violans fizik kouma bate, pinse, morde, brile ou pinision korporel ena bann konsekans
grave lor zanfan.
01.07.2020 Kan enn zanfan li regiliereman viktim imiliasion, menas, lindiferans, izolasion,
manipilasion ou kan kontigne blam li pou tou move kiksoz ki arive, apel sa violans sikolozik
lor enn zanfan.
02.07.2020 Bann diferan form violans sexiel kont zanfan pa limite a zis relasion sexiel.
03.07.2020 Kwiz: Lekel ki vre?
A. Pinision korporel pa enn violans.
B. Violans ek maltretans anpes zanfan viv so lanfans ek grandi korekteman.
C. Fer zanfan get foto ou fim pornografik se pa violans.
DATE MESSAGE/QUIZ
06.07.2020 Konvansion drwa zanfan inn adopte par LasanbleZzeneral Nasion Zini le 20 Novam 1989
e finn ratifie par Moris an 1990.
07.07.2020 Konvansion drwa zanfan ena 54 lartik ki etabli drwa sivil, ekonomik, sosial, kiltirel ek
politik pou tou zanfan. Li baze lor kat pilie fondamantal:
▪ Non-diskriminasion,
▪ lintere siperyer zanfan bizin prime,
▪ drwa a lavi, sirvi ek developman, ek
▪ drwa pou ki tou zanfan kapav exprim zot lor tou kiksoz ki konsern zot.
08.07.2020 Konvansion drwa zanfan met lanfaz lor bann kondision ek kiksoz ki zanfan bizin pou protez
li ek pou li grandi kouma enn bon sitwayin.
09.07.2020 Biro Ombudsperson for Children finn kree an 2003 pou asire ki drwa ek bezwin zanfan
respekte dan Moris. Ninport ki dimounn ki panse ki drwa enn ou plizir zanfan pa pe
respekte, bizin kontakte biro Ombudsperson ki pou ouver enn lanket.
10.07.2020 Kwiz: Lekel ki vre?
A. Zanfan vinn malelve kan zot ena drwa.
B. Drwa se bann valer kouma lape, lamitie, respe ek solidarite.
C. Drwa zanfan konsern zis Ombudsperson pou Zanfan.
Winners of the Quizzes on Radio The winners of the radio quizzes got the
opportunity to personally meet the Ombudsperson
Ombudsperson for Children’s Office for Children and her team. They were awarded
special prizes at the Ombudsperson for Children’s
June – July 2020
Office.
Meetings at the The Ombudsperson for Children (OC) firmly believes that networking is one of
the key strategies that must be used to advance the children’s agenda and,
Ombudsperson for
in this spirit, every stakeholder must work together to achieve a shared
Children’s Office purpose – protecting and promoting children’s rights! Every year, the OC
2019/2020 organises several meetings at her office with various governmental bodies
and civil society organisations to gather information about particular
Multi-stakeholder issues/cases, discuss the links between the presenting issues (micro level) and
networking is sine qua their systemic implications (macro level) and recommend solutions. This
non to protecting and ongoing collaboration reinforces the capacity of the OCO to understand the
promoting the rights of field experiences of stakeholders and to ensure that their practices are
children!
compliant with the UNCRC.
“There is immense power when a group of people with similar interests gets together to
~ Idowu Koyenikan
Meeting with representatives from Muvman Liberasyon Fam (MLF), 23 September 2019
Following the publication of the Children’s Bill on 13 September 2019 by the then Ministry of Gender
Equality, Child Development and Family Welfare, the issue of the minimum age for marriage remained a
concern for many activists working with children, more specifically, with the girl child. Subsequently, the
OC held consultations with different relevant organisations on the minimum age for marriage.
Representatives of the MLF, a women activist group fighting for the rights of women and the girl child,
met the OC and the officers of the OCO to discuss the issue of the age of sexual consent and the minimum
age for marriage on 23 September 2019.
“Educating girls is one of the most powerful tools to prevent child marriage.”
Meeting with Brigade pour la Protection des Mineurs (BPM) in connection to violence against children, 06
January 2020
Following reports in the press on an increasing number of cases of violence against children, including
substance abuse, the OC met the officers of the BPM to take stock of the situation and actions being taken
by this unit on the field. The BPM explained that they carry out crack down operations, sensitisation in schools
and counselling of child victims and child perpetrators. The main outcome of this meeting is a collaboration
with the Port-Louis Metropolitan-North Division of the BPM to tackle the problem of drug abuse and violence
against children in that region.
Meeting with stakeholders in connection with children living in extreme poverty, 08 July 2020
Article 3 of the UNCRC says that children’s best interests must be a primary consideration in all actions that
affect them. This includes taking decisions around their welfare and support. In this context, the OC invited
several NGOs working with the local population in less developed areas to brainstorm on the problems
faced by the children and families living in vulnerable conditions and on their root causes.
NGOs like Kolektif Drwa Zanfan Morisien, Safire, Lovebridge, Action Familiale, Muvman Drwa Ene Lakaz,
Planete Enfants, Youth for Human Rights and Komite Konzwin Abitan Lamyant responded positively. The
main outcome of this meeting was that the OCO will organise a 2-day networking forum with the
inhabitants of Résidence Anoska and NGOs working in the region.
Seminar on Internet Safety and Child Protection, Police Training School, Curepipe, 12 September 2019
The US Embassy in collaboration with the National Children’s Council and the Mauritius Police Force
organised a seminar on “Internet Safety and Child Protection: Challenges, Trends and Best Practices” which
was held at the Police Training School, Les Casernes Curepipe. Representatives from various Ministries, the
Mauritius Police Force as well as Prison Officers attended the seminar. The OC delegated Ms S. Johaheer,
Investigator and Ms I. Polixene, Management Support Officer, to attend the seminar.
"There is no trust more sacred than the one the world holds with children. There is no
duty more important than ensuring that their rights are respected, that their welfare is
protected, that their lives are free from fear and want and that they can grow up in
peace."
~ Kofi Annan
60th Anniversary of the Mauritius Mental Health Association (MMHA), Rose Hill, 30 October 2019
The MMHA has been working for the welfare and education of children with mental disabilities for the
past 60 years. The OC attended the 60th anniversary of the MMHA as a sign of appreciation for the work
being carried out by this NGO in the promotion of the rights of its child beneficiaries.
Sensitisation programme on the theme ‘Support Services available to parents for their school-going aged
children’, Residence Bethleem, Rose Belle, 13 February 2020
In view of informing parents on the importance of education and on the support services provided by various
institutions, the Ministry of Education, Tertiary Education, Science and Technology organised a sensitisation
programme on the above-named theme. Investigator, Ms B. Jogarah, was one of the panel members
representing the OCO. She described the role of the OCO as a watchdog to ensure that ALL school-going aged
children enjoy without any discrimination the support services provided to them by the State.
Workshop on Covid-19 impact on sexual and reproductive health rights, Labourdonnais Waterfront
Hotel, 18 July 2020
The Mauritius Family Planning and Welfare Association in collaboration with the European Union organised
a workshop on the occasion of the World Population Day 2020 entitled “Covid-19 Impact on Sexual and
Reproductive Health Rights” at the Labourdonnais Waterfront Hotel in Port Louis on 18 July 2020. The OCO
was invited to delegate an Officer to participate in a panel discussion to talk on the theme of adolescent
sexual and reproductive health rights and the Children's Bill. Investigator Mr I. Bawamia, who was
delegated to represent the OC, talked on the said topic from a human rights perspective and referred to
General Comment No 4 of the UN Committee on the Rights of the Child on ‘adolescent health and
development’.
Investigator, Mr I. Bawamia (second from the right), addressing the audience during the panel
discussion
The sections 6(d) and 6(e) of the OCA 2003 provide that the OC shall ensure that
Field visits by children under the care, or supervision of, a public body are treated fairly, properly
the OC and and adequately; that the legal rights of children in care are protected; and that the
her team placement facilities conform to norms and guidelines. In this regard, regular visits
are carried out at schools, NGOs and shelters among others by the OC and her team
throughout the year.
During the visit, the OC and her team had the opportunity to observe the young adolescents who were
admitted at the Centre while they were carrying out their daily activities. The OC had an interesting
exchange with the medical doctors on the rehabilitation techniques being used at the centre. The
doctors also told the OC about the challenges they face in the course of their duties.
Investigator, Ms. S.
Johaheer, taking down
notes on a child-related
issue being presented by a
community member of
Baie du Tombeau.
Article 29(1)(a) of the Convention on the Rights of the Child stipulates that a child’s education shall
include “the development of the child's personality, talents and mental and physical abilities to
their fullest potential”. In this context, Investigator Ms Y. R. Veeramootoo, conducted a visit at the
NGO ‘Lizié dan la Main’ which works for the rehabilitation of blind and partially sighted people living
in Mauritius. This visit aimed at better understanding the work being carried out by them and
subsequently identifying good practices which promote the fundamental rights of children with
disabilities.
Visit to ‘Association des Parents des Déficients Auditifs (APDA)’, Curepipe, 21 January
2020
Investigator, Ms S. Johaheer,
carried out a field visit to the
pedagogical farm of Safire situated
at St Pierre and interviewed Mr.
Bernard Delangue, Farm
Coordinator of Safire. It was an
opportunity to learn on the good
practices of this NGO targeted to
street children. Safire is one of the
very few NGOs in Mauritius
specifically dedicated to working
with the population of street
children.
Given the growing rate of violence and bullying reported in schools, the OC had an interactive
session with the students of Triolet SSS on the topics of rights of the child, forms of violence
and impact of bullying. The activity aimed at promoting responsible behaviours amongst the
young people.
Visit to Brigade pour la Protection des Mineurs (BPM), Western Division, Rose Hill,
4 March 2020
Ms S. Johaheer, Investigator,
visited the BPM at Rose-Hill to
take stock of the work being
carried out by this institution on
the field. For this purpose, she
(centre in picture) interviewed
Sgt. Auheeburn (left in picture)
and WPC Madré Ravina (right in
picture). She also assessed the
child-friendly infrastructure of
the BPM.
The OC engaging
with the school
management staff of
Rivière des Créoles
Government School
on post-confinement
measures within the
context of children’s
rights
As per the OCA 2003, the OC shall promote the rights and best interests of
Sensitisation
children through regular awareness and sensitisation activities. For the past
Campaigns in years, the OCO, in collaboration with the Prime Minister’s Office, has been
Citizen’s Advice organising sensitisation activities on the rights of the child and related issues
Bureaux in the 35 Citizen Advice Bureaux (CABx) across the island. For the present
reporting period, the theme of the campaign was “Child Abuse and Parental
Alienation”.
On 06 February 2020
at CAB of Rose-Hill,
Investigator Ms
Bhavnah Jogarah,
spoke with the pupils
of the Loreto College
of Rose Hill on the
mandate of the OCO
and sensitised them
on parental alienation
as a form of violence
against the child.
On 13 February
2020, Investigator
Ms. S. Johaheer
presented on the
objectives of the
OCO and the role of
the OC at the CAB
Triolet. She also
talked on how
parental alienation
affects the child.
Investigator Mr.
Ismail Bawamia was
at the CAB of Bel Air
on 05 March 2020 to
emphasise the
importance for a
child to be in contact
with both parents in
cases of separation.
Launching of
the OCO's
Annual Report
2018/2019
OCO'S MISSION TO
RODRIGUES 2019-2020
Meeting with 26 - 29 JANUARY 2020
the Representatives: Visit to pre-
Commissioner
Ms. R. Venkatasawmy, primary schools
for Child
Ombudsperson for Children in Rodrigues
Development
and Others &
Ms. L. Jhugroo, Secretary,
Ombudsperson for Children's
Office
Visit to Foyer
Marie
Madeleine de la
Croix, Baladirou
In her address, Ms Rose Marie Franchette Gaspard Pierre Louis, CSK, Commissioner for Child
Development and Others, acknowledged the valuable work carried out by the OC and the OCO. She added
that the Commission works in close collaboration with the Officers of the OCO and implements
recommendations made by the OC in her Annual Reports. She emphasised the urgency to protect these
children from all forms of violence. The Commissioner also gave the assurance that more officers would
be deployed in different regions of Rodrigues to ensure that children’s rights are protected.
The OC gave a presentation on the chapter dedicated to Rodrigues in her Annual Report
2018/2019, entitled “Enhancing the management of child abuse cases in Rodrigues”. She laid
emphasis on the increasing number of cases of child abuse and the importance to manage
these cases in a timely and effective manner. She appreciated that, despite limited financial,
technical and human resources, the Child Development Unit (CDU) of Rodrigues was utilising
the skills of its dedicated personnel to their maximum potential to manage cases of child abuse
professionally.
The OC also talked about the positive effects of child-friendly environments. Violence-free and
conducive environments are needed to ensure that children are evolving within safe and
supportive communities for the realisation of their fundamental rights. She also underlined the
importance of increasing extra-curricular activities in schools and implementing the “École des
Parents” programme to raise awareness on the basic rights of children.
Visit to pre-primary With a view to assess articles 28 and 29 of the Convention on the
Rights of the Child regarding the access of all children to quality
schools in view of
education, the OC carried out visits to pre-primary schools in
“Promoting a Culture of Rodrigues. During these visits, interactive sessions were
Peace” conducted with the young children on the theme of “Promoting
27 to 29 January 2020 a Culture of Peace”.
The following pre-primary schools were visited by the OC and the OCO’s Secretary
from 27 to 29 January 2020 in Rodrigues:
(i) Abeilles Pre-Primary School, Malartic
(ii) Bon Accueil Pre-Primary School, Grande Montagne
(iii) Capucines Pre-Primary School, Nassola
(iv) Coccinelle Pre-Primary School, Mt Lubin
(v) Rivière Banane Pre-Primary School, Rivière Banane
(vi) Tourterelle Pre-Primary School, Baie Topaze
(vii) Les Papillons Pre-Primary School, Roche Bon Dieu
(viii) Le Dauphin Pre-Primary School, Grande La Fouche Corail
1981
•The AEMR was founded. Fifteen pre-primary schools and 45 teachers were registered.
1981-1996
•School fees were paid by parents.
1997-2007
❖The annual grant of Rs 200 per child aged more than 4 years old came into force.
❖The “Bridging the Gap” project came into operation whereby parents were encouraged to send their children to
school for at least 2 years.
❖The majority of parents could not afford to pay schooling fees for their children due to their social situation.
Most of households were mono-parental and received meagre incomes.
❖On humanitarian grounds, the educators could not stop children from attending school.
❖At the time, a pre-primary teacher earned on average Rs 1,000 to Rs 1,500 per month. With the advent of the
'Pre-School Trust Fund', teachers of 3 pre-primary schools benefitted from a salary support of Rs 6,500 per month.
2007-2014
•The number of pre-primary schools increased to 30 with a work force of approximately 60 teachers.
2010
•A sum of Rs 400 was granted per head to those children who were in need of special attention.
2014
•The Rodrigues Regional Assembly provided a grant to AEMR to allow a remuneration of Rs 8000 to each pre-
primary teacher plus an end-of-year bonus. A total of 26 new teachers were recruited.
2017
•The salary of pre-primary teachers was revised.
2019
•The Conditions of Employment for Pre-Primary Employees were revised according to the Pre-Primary School
Employees Remuneration Regulations 2019 which came into operation on 24 October 2019.
During visits at the various pre-primary schools, the OC took note of the environmental features including
facilities available at the schools that can help stimulate and develop the children’s interests, aptitudes and
self-confidence. Each class had 20 to 30 children. This is in line with section 3(6) of the Pre-Primary School
Employees (Remuneration) Regulations 2019 which stipulates that “there shall be at least one teacher for
every 30 children”. The OC also had interactive sessions with the teachers and motivated them to conduct
active pedagogical activities such as play, storytelling, and indoor and outdoor games. She emphasised the
importance of these pedagogical tools in raising children’s awareness on their rights, developing life skills,
adopting a culture of peace and non-violence, learning to respect each other and promoting creative talents.
• Education must be child-centred and empowering. This applies to the curriculum as well as the educational
processes, the pedagogical methods and the environment where education takes place.
• Education must be provided in a way that respects the inherent dignity of the child and enables the child to express
his or her views in accordance with article 12 (1) and to participate in school life.
• Education must respect the strict limits on discipline reflected in article 28 and promote non-violence in school.
• Education must include not only literacy and numeracy but also life skills such as the ability to make well-balanced
decisions; to resolve conflicts in a non‑violent manner; and to develop a healthy lifestyle, good social relationships
and responsibility, critical thinking, creative talents, and other abilities which give children the tools needed to
pursue their options in life.
84
Committee on the Rights of the Child (2001). General Comment No.1 (2001): Article 29(1) The aims of education. Geneva: United
Nations.
85
United Nations Children’s Fund (n.d.). The Right to an Education is one of the most important principles in becoming a Rights
Respecting School. Retrieved on 27 July 2020 from www.unicef.org.uk/rights-respecting-schools/the-right-to-education/
Ombudsperson for Children Report on Activities 2019-2020 | 308
Annual Report 2019-2020
Promotion of Children’s Rights in Rodrigues
• Teachers are motivated to impart the best education • A continuous professional development
to children. process could be introduced for teachers to
upgrade their skills.
• Children are inculcated with discipline through
singing and theatrical performance. • A Resource Centre equipped with local
pedagogical tools could be set up.
INFRASTRUCTURE:
• Window panes were broken at one of the PPSs. • An acceptable chair size must be provided to
Repairs had not been carried out yet due to access children to prevent physical health issues
difficulties to the building. and hazards.
HELPER:
• It was reported in all PPSs that the services of a Helper • The services of full-time Helpers must be
were part-time (one hour in the morning and one hour hired to improve the environmental
in the afternoon), which was insufficient especially cleanliness and teaching-learning efficiency
when the teachers were absent. in PPSs.
• A lack of educational materials and indoor and • More educational materials and indoor and
outdoor games were found in nearly all PPSs, and outdoor games must be provided to children
some outdoor games were out of order. in their schools to enhance their pedagogical
development.
student learning. Simply put, students learn better when they view the
“Children
need models
rather than
critics.”
~ Joseph
Joubert
~ Fred Rogers
The OC engaged in creative play with the children using local materials as pedagogical tools
to empower them on the importance of respect and tolerance for one another.
Visit to Foyer The OC is mandated as per section 6 of the OCA 2003 to ensure that
placement facilities are safe for children and conform to child-related
Marie Madeleine de
national and international norms and laws, especially the UNCRC. In line
la Croix with this function, a visit was carried out at Foyer Marie Madeleine de la
Baladirou Croix at Baladirou, Rodrigues. The OC met the children and took note of
27 January 2020 the infrastructural conditions of this residential care institution (RCI).
OBSERVATIONS
•At the time of the visit, 21 children were living at the RCI including three underaged children.
• Both boys and girls of different ages ranging from 2 to 22 years old live together at the RCI.
• It was reported that the elder children were in conflict with each other and also had behavioral issues. This
situation did not create a conducive environment for the well-being and development of the younger children.
• Some mattresses and bed sheets were torn and worn out.
•It is advised that the under-aged children could be placed in a day nursery so as to allow carers to dedicate their
time to cleaning the RCI environment.
• Studies have shown that infrastructure has an impact on the behaviours of children. It is proposed that children
must be provided with cabinets with dedicated storage space for each child's clothes; new mattresses and bed
sheets; and indoor and outdoor games. The RCI's kitchen must also be upgraded with better utensils.
"Children do not constitute anyone's property: they are neither the property
of their parents nor even of society. They belong only to their own future
freedom."
~ Mikhail Bakunin
Courtesy meeting with the The OC had a meeting with Ms Rose Marie Franchette
Gaspard-Pierre Louis, CSK, Commissioner for Child
Commissioner for Child
Development and Others. The OC briefed the latter on the
Development and Others various visits she carried out at pre-primary schools and the
residential care institution at Baladirou. She elaborated on the
28 January 2020 observations she made and the outcomes of these visits. The
main points of matters discussed are provided on the next
page.
“In all actions concerning the child undertaken by any person or authority the best
~ Article 4 (1), African Charter on the Rights and Welfare of the Child
The OC (on the right) and the Commissioner (on the left) discussing on the proposed
recommendations and the way forward to promote the rights of children in Rodrigues.
• The Commissioner was made aware of the European Union funded project of the OCO which aimed to
protect the rights of children, especially vulnerable ones, in the Republic of Mauritius. In this context,
it was planned that a film projection would be organized in July 202086 during the winter school
holidays with children aged between 13 and 18 years old.
• A round table on the theme of “Children’s Rights to be Heard and to Participate” would also be
organised for Students’ Councils and/or children in Grade 10, 11 and 12.
86
The activities proposed by the OCO for Rodrigues would be rescheduled as per the evolution of the Covid-19 pandemic.
87
Rodrigues was in a lockdown period, so the training has not yet been organised.
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Annual Report 2019-2020
Promotion of Children’s Rights in Rodrigues
The OC was invited by the MBC Radio Station Rodrigues for an interview in “Le Mag”
program broadcasted live on MBC radio on 28 January 2020 at 17 00 hours. The OC
answered questions pertaining to the 30th anniversary of the of the UNCRC. She
elaborated on the one-week activity which was organised in Mauritius, whereby 21
children and 6 adults from Rodrigues participated actively in the event. She reflected on
the need for a shift in mindset within the society towards ensuring the respect of
children’s rights.
The interview also focused on the present mission to Rodrigues, that is, the launching of
her Annual Report 2018/2019 and visits to pre-primary schools in view of promoting a
culture of peace. The OC stated that the media has an important role to play and she has
always collaborated with the media for promoting the rights of children. Finally, the OC
announced the upcoming training for a group of young people of Rodrigues who would
be designated as ‘Ambassadors of Peace’ followed by a “Caravane de la Paix” activity,
both scheduled in April 2020.
Meeting with the The OC held a meeting with the CDU Officers whereby she raised issues
regarding the infrastructure of pre-primary schools and the local RCI. She
Child Development
explained how child-friendly environments impact positively on children.
Unit (CDU) of She reiterated that boys and girls at the RCI should reside in separate
Rodrigues blocks. It was also recommended by the OC to have a triage of the cases
Integrated Family reported to CDU. The meeting also focused on the importance to maintain
Centre, Malabar, a register for new cases and existing ones, to keep a file for each child, to
28 January 2020 organise case conferencing when needed, and to formulate appropriate
care plans.
The OC also briefed the CDU Officers on the organisation of a training programme to be held
in April 2020 to empower young people to become Peace Ambassadors. The discussions were
productive and CDU Officers were enthusiastic to collaborate on this project.
Courtesy Visits in During the mission, the OC paid courtesy visits to Le Dauphin Pre-Primary
School and the Grande La Fouche Corail Government School. The latter
Rodrigues
was the special prize winner of the story telling competition organised by
27 January 2020
the OCO.
to a world of wonder.
Imagination to a world of
A delegation of two officers from the OCO was invited by the International
3-day workshop Organisation for Migration (IOM), Djibouti, to facilitate a 3-day workshop on
on the promotion the theme “la gestion des enfants en situation de vulnérabilité à Djibouti”
and protection in collaboration with the Ministry of Women and Family of the Republic of
Djibouti from 09 to 11 September 2019.
of children’s
rights in the This initiative was discussed during the visit of H.E Ms Moumina Houmed
Republic of Hassan, Minister of Women and Family, Republic of Djibouti, and her
collaborators, in Mauritius from 22 to 24 July 2019. This delegation was
Djibouti inspired by the work of the OCO. The Minister had solicited the collaboration
of the OC in reinforcing the capacity of the technical personnel of her Ministry
09-11 September 2019
and relevant stakeholders for the setting up of a centre for vulnerable
children in Djibouti.
The picture above was taken at the official opening ceremony of the workshop in Djibouti with the
officials and participants. Ms R. Venkatasawmy, OC (front row, 3rd from the left), and Ms. Lata Jhugroo,
Secretary of the OCO (front row, 5th from the left) were warmly welcomed by H.E Ms. Moumina Houmed
Hassan, Minister of Women and Family (front row, 4th from the left) and Ms. Lalini Veerassamy, Head
of Mission, IOM.
In 2018, the Government of Djibouti through the Ministry of Women and Family in collaboration with IOM
launched a study on the situation of street children. The study was funded by the European Union. It was
conducted by the ‘Direction des Statistiques et des Etudes Démographiques (DISED)’ who met a total of 1,137
children and carried out a survey on their living conditions in the streets of Djibouti. Among those surveyed,
633 children aged 0 to 9 years old, of which 30.8 per cent (i.e. 195) were girls. The rest of the children were
aged between 10 to 17 years old, with 12.7 per cent (i.e. 64) of them being girls. This qualitative study
revealed that 84.8 per cent of children in street situation were from Ethiopia, 9.1 per cent from Djibouti and
5.5 per cent from Somalia. The children were found begging on the streets or offering their services such as
washing cars or shining shoes. These children were very exposed to risks, abuses and vulnerabilities.
H.E Ms Moumina Houmed Hassan, Minister of Women and Family (second from the right)
addressing the participants at the Opening Ceremony
Unaccompanied migrant
Children in conflict with the
children and abandoned Children with disabilities
law
children
The participants identified the above-stated groups of children as particularly vulnerable in Djibouti, mainly because of the
dire circumstances they live in and their higher probabilities of facing violations of their rights. However, as affirmed by the
Minister of Women and Family during the opening ceremony of the 3-day workshop, the Government of Djibouti in
collaboration with its partners are committed to learning from the Mauritian experience to tackle these issues, starting
with the setting up of a centre for vulnerable children.
The UNCRC is a treaty specific to children’s right. It sets out the civil, political, economic, social, health and
cultural rights of children. The ACRWC provides for the fundamental rights of the African child including specific
groups such as refugee children, children with disabilities and juveniles.
STRENGTHS
✓ Access to free education in public schools
✓ Educational reforms
WEAKNESSES
➢ Lack of care for children after 16 years old
RECOMMENDATIONS
❖ Authorities must work in collaboration with all relevant stakeholders to strengthen the education system in
Djibouti in compliance with articles 28 and 29 of the UNCRC.
❖ Training must be provided to the educators to cater for children with special needs.
Day Two:
➢ Discussions on child abuse and neglect, and animation techniques
The OC elaborated extensively on what constitute child abuse and neglect as defined in the General Comment
No. 13 on ‘the right of the child to freedom from all forms of violence’ (Committee on the Rights of the Child,
2011)88. The participants agreed that child abuse and neglect include:
▪ any recent act or failure to act on the part of a parent or caretaker which results in death, serious
physical or emotional harm, sexual abuse or exploitation;
▪ Physical abuse – actions, such as hitting or burning, that result in any type of bodily harm;
▪ Sexual abuse includes sexual contact and exploitation;
▪ Emotional abuse – behaviors that impact a child's emotional development or self-worth; and
▪ Substance abuse – exposure to drugs, being around drugs or drug-impairment of the caregiver.
88
Committee on the Rights of the Child (2011). General Comment No.13: The right of the child to freedom from all forms of violence.
Geneva: United Nations.
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Annual Report 2019-2020
Overseas Mission
2. Use of animation techniques to educate people on the effects of violence on children, such as:
• role plays;
• drama; and
• story-telling.
Day Three:
➢ Rationale, aims and objectives of setting up a centre for vulnerable
children in Djibouti
The final day of the workshop focused on formulating the rationale, main aims and objectives of setting up a
centre for vulnerable children to protect them against all forms of violence and to reduce their vulnerabilities.
The OC emphasised on the following pre-requisites to setting up such a centre:
Planning the infrastructural and architectural design of the centre with the aim of
promoting children's well-being (e.g. adequate personal space per child, open
green spaces, playground, child-friendly decorative walls, first-aid medical
facilities, a well-functioning drainage system, etc.)
Working out a budget for the setting up and operation of the centre and identifying
sources of funding (e.g governmental grants, public fund-raising, funding from the
Corporate Social Responsibility, etc.)
Recruiting qualified personnel, including administrative staff for the material and
financial management of the centre, staff for the basic care of the children (e.g. carers,
cooks, cleaners, etc.), and professionals who can cater for the health and psychosocial
needs of the children (e.g.doctors, nurses, psychologists, social workers, animators, etc.)
Using the centre as a place of transition to more permanent solutions for the children, mainly
reintegration into their families and communities
Four key objectives identified for the setting up of a centre for vulnerable children in
Djibouti
Objective 1: Objective 2:
To respond to the primary or vital To ensure the access of children to
needs of children primary health care
➢Shelter – Every child has the right to live in a safe ➢Each child to have a health history card
and decent accommodation as promoted by article o A health care plan must be established for each
39 of the UNCRC. child. A picture of the child must be affixed in the
health card. The general health history of the child
➢Clothing – A committee must be set up to cater for must be recorded, including the name, age (age
the clothing needs of children of different ages might be unknown in cases where children migrate
living at the centre. without their birth certificate), weight, and a
health diagnosis.
➢Food – The food needs of the children could be
secured through food aid from the Government,the ➢Personnel
generosity from the public, food donations from o The services of doctors and health care providers
supermarkets (especially those foods reaching must be solicited from local and international
expiry), cultivation of crops and initiating children organisations (e.g. the United Nations, “Medecins
to agriculture and farming. Sans Frontières”, etc.)
Objective 4:
Objective 3:
To promote the reintegration of
To facilitate the educational
the child within their family or
development of every child
community
➢Education – Each child should have access to ➢Reintegration of a child into their familly or
quality education (articles 28 and 29 of the community is a form of empowerment.
UNCRC).
o An age limit by which a child should transition
o The level of education of each child must be from the centre must be established.
evaluated.
o The child must be empowered to integrate society
o The learning needs of each child must be assessed and live a decent life.
and provided accordingly.
o Clear criteria on the reintegration of the child in a
o The personnel responsible for the education of family must be agreed upon.
the children must be qualified and show dedication
and commitment to their work.
Concluding remarks
The workshop was extremely
valuable to both the facilitators
and the participants. A wealth of
reflections and perspectives
relevant to both the contexts of
Mauritius and Djibouti on the
management of vulnerable
children were generated, in
particular regarding the setting
up of a centre for vulnerable
children in the country, and the
promotion and protection of all
children’s rights. The participants
were highly appreciative of this
initiative.
4. 23.09.19 Meeting with Muvman Liberasyon Representatives from the Muvman Liberasyon
Fam (MLF) in connection with the Fam, Rajni Lallah and Lindsey Collen
Children’s Bill
7. 30.09.19 Meeting with Mr Ali Jookhun Mr Ali Jookhun, OSK, Social Worker
11. 14.10.19 Meeting in connection with the Ms Lalita Nosib, Project Manager from the
European Union project Delegation of the European Union to the
Republic of Mauritius and the Republic of
Seychelles
12. 18.10.19 Meeting in connection with Universal Officials from the Early Childhood Care and
Children’s Day Education Authority (ECCEA)
13. 23.10.19 Meeting in connection to the mission Ms Celine Lemmel and Tania Labour, Junior
to the Republic of Djibouti Project Assistant from the International
Organization for Migration
14. 31.10.19 Meeting in connection with the Ms Lalita Nosib, Project Manager from the
European Union project Delegation of the European Union to the
Republic of Mauritius and the Republic of
Seychelles
15. 12.11.19 Meeting with representatives from Mr Edley Maurer, Project Manager, Safire
Safire
16. 13.11.19 Universal Children’s Day rehearsals Representatives from Safire, Mr Edley Maurer
and child participants
17. 14.11.19 Meeting with officials from ECCEA in Director and Coordinators of ECCEA
connection with Universal Children’s
Day
22. 11.12.19 Meeting with officials from the US Chelsea Bergesen, Economic Officer, Smita
Embassy in Mauritius in connection Bheenick, Economic Specialist, Sandrine Koa
with the preparation of the US Wing, Economic and Commercial Assistant
Department of Labor’s findings on
the worst forms of child labor for the
reporting period of January to
December 2019
25. 26.12.19 Meeting in connection with the Mr Mike Elkin, Political Officer from the US
update of trafficking in persons Embassy
report for Mauritius
26. 06.01.20 Meeting with Brigade pour la Mr Ghoorah and officials from BPM
Protection des Mineurs (BPM) in
connection with violence against
children
29. 02.03.20 Meeting with representatives from Ms Priscilla Poignoux from Mouvement d'Aide à
MAM and Action Familiale regarding la Maternité (MAM) and Ms Roseline Casset
workshop on teenage pregnancy from Action Familiale
31. 09.06.20 Videocall with representatives from Officials from MAM, Action Familiale and
NGOs in relation to teenage Mauritius Family Planning
pregnancy
33. 15.06.20 Meeting related to the issue of Mr Bruno Laurette from Civil Service and Mr
squatters Danny Phillipe, President of Collectif Urgence
Toxida (CUT)
35. 22.06.20 Meeting regarding issues at Mr Gilbert Lebreux and Mr Roger Mangiur from
residential care institutions the Don Bosco shelter
38. 08.07.20 Meeting with stakeholders in Ms Rajini Lallah (Komite Kanzwin Abitan
connection with ‘The situation of Lamyant), Mr Edley Maurer (Safire), Ms Melanie
Mauritian children living in extreme Vigier de la Tour Bérenger (KDZM), Mr Yannick
poverty’ Cornet (Planète Enfants), Ms Priscilla Bignoux
(Action Familiale), Mr Purmanand (YHRIMU),
Ms Delphine Ahnee (Drwa Enn Lakaz), Ms
Prisalle Noël and Sabrina Puddoo (Lovebridge),
Ms Patricia Adèle Félicite (Caritas) and Ms
Roseline Casset (Action Familiale)
39. 21.07.20 Preparatory meeting on the Mr Krisnen Purmanund (Youth for Human
rationale, objectives and expected Rights International); Ms Kalyanee (T1 Diams);
outcomes of a networking forum Ms Pricilla Bignoux (Action Familiale); Ms
between community members of Natalie Edoo, (SOS Children’s Villages); Ms Hon
Résidence Anoska and child Fat (Dis Moi); Ms Yen Mee (Lovebridge); Mr
professionals Edler (Safire); Ms Trishna Jogessur (NEF); Ms
Ravaton (NSIF); Ms Elena Abdool Raman, Coach;
Ms Bhujan (ECCEA); Ms Fostin (ECCEA); Ms
40. 04.08.20 Second preparatory meeting with Mr Krisnen Purmanund (Youth for Human
respect to the 2-day networking Rights International); Ms Kalyanee (T1 Diams);
forum of 12-13 August 2020 Ms Pricilla Bignoux (Action Familiale); Ms
Natalie Edoo (SOS Children’s Villages); Ms Hon
Fat (Dis Moi); Ms Yen Mee (Lovebridge); Mr
Edler (Safire); Ms Trishna Jogessur (NEF); Ms
Ravaton (NSIF); Ms Elena Abdool Raman, Coach;
Ms Victore (ATD); Soeur Solange (MAM); Ms
Bhuja (ECCEA); Ms Fostin (ECCEA); Ms Nobin,
DHM (Midlands Govt School); Sergent Mungroo
(BPM); and Ms Domah, SFWPO (Ministry of
Gender Equality and Family Welfare)
41. 10.08.20 Third preparatory meeting with Mr Krisnen Purmanund (Youth for Human
respect to the 2-day networking Rights International); Ms Kalyanee (T1 Diams);
forum of 12 – 13 August 2020 Ms Pricilla Bignoux (Action Familiale); Ms
Natalie Edoo (SOS Children’s Villages); Ms Hon
Fat (Dis Moi); Ms Yen Mee (Lovebridge); Mr
Edler (Safire); Ms Trishna Jogessur (NEF); Ms
Ravaton (NSIF); Ms Elena Abdool Raman, Coach;
Ms Victore (ATD); Soeur Solange (MAM); Ms
Bhuja (ECCEA); Ms Fostin (ECCEA); Ms Nobin,
DHM (Midlands Govt School); Sergent Mungroo
(BPM); and Ms Domah, SFWPO (Ministry of
Gender Equality and Family Welfare)
42. 17.08.20 Meeting with Lovebridge Ms Sabrina Puddoo & Ms Noel Prisille,
Representatives from Lovebridge
6. 12.09.19 Seminar on Internet Safety and Child Ministry of Defence and Rodrigues at
Protection: Challenges, Trends and the Police Training School, Les Casernes,
Best Practices Curepipe
7. 16.09.19 Opening of the 29th meeting of Heads Ministry of Defence and Rodrigues in
of National Drug Law Enforcement collaboration with the United Nations
Agencies, Africa (HONLAF) and Office on Drugs and Crime at the
Launching of the National Drug Ravenala Attitude Hotel, Balaclava
Control Master Plan 2019-2023
9. 24.09.19 Chief Guest at a workshop on child Gold Crest Hotel, Quatre Bornes
sexual abuse and teenage pregnancy
in Mauritius
10. 27.09.19 Training programme on the role and Ministry of Gender Equality, Child
activities of the Office of the Development and Family Welfare, Gold
Ombudsperson for Children Crest Hotel, Quatre Bornes
12. 02.10.19 Workshop for chairpersons of Anti- Ministry of Civil Service and
Corruption committees and integrity Administrative Reforms in collaboration
officers with the Independent Commission
Against Corruption, Ebony Ballroom,
Hennessy Park Hotel, Ebène
13. 04.10.19 Meeting with the rector of Quatre Quatre Bornes SSS
Bornes SSS, Ms Naga and students
participating in the Universal
Children’s Day celebrations
14. 05.10.19 Talk on children’s rights Dis-Moi, Head Office, Quatre Bornes
16. 12.10.19 Meeting in connection with the SOS Children’s Village, Bambous
Universal Children’s Day
18. 19.10.19 Chief Guest at the JOTA-JOTI opening Mauritius Scouts Association, Pointe
Jerome Youth Training Center,
Mahebourg
19. 26.10.19 Preparatory meeting with the Baden Powell House, Trianon
Mauritius Girls’ Guide and the
Mauritius Scouts Association in
connection with the Universal
Children’s Day celebrations
20. 30.10.19 Guest at the 60th Anniversary of the Mauritius Mental Health Association,
Mauritius Mental Health Association Stanley, Rose- Hill
22. 31.10.19 Film projection in connection with the Rajiv Gandhi Science Centre, Bell Village
Universal Children’s Day preparations
23. 11.11.19 Meeting with Lalita Nosib, Project European Union, Port Louis
Manager, Delegation of the European
Union to the Republic of Mauritius and
to the Republic of Seychelles
26. 21.11.19 Meeting with children in connection Paul Octave Wiehe Auditorium, Réduit
with the Universal Children’s Day
27. 22.11.19 Dinner with participants from the Le Maghreb Restaurant, Trianon
Universal Children’s Day celebrations
and guests from Rodrigues
28. 24.11.19 Guest at the official ceremony to mark Ministry of Gender Equality and Family
the International Day for the Welfare, Paul Octave Wiehe
Elimination of Violence against Auditorium, Reduit
Women
31. 02.12.19 Guest speaker at the “Cérémonie Ministry of Youth Empowerment, Sports
d’ouverture des stages de formation and Recreation, and the ‘Commission de
pour animateurs et encadreurs la Jeunesse et des Sports de L’Océan
jeunesse et préparateurs physiques” Indien’, Gold Crest Hotel, Quatre Bornes
33. 03.12.19 Guest at the celebration of the Ministry of Social Integration, Social
International Day of Persons with Security and National Solidarity, Cape
Disabilities 2019 Town Hall, Castel
34. 05.12.19 Guest speaker at the Office of the ODPP, 13th Floor, Garden Tower,
Director of Public Prosecutions (ODPP) Poudrière street, Port Louis
35. 05.12.19 Consultative workshop to devise an Ministry of Gender Equality and Family
information, education and Welfare, Gold Crest Hotel, Quatre
communication (IEC) strategy and Bornes
costed action plan
36. 06.12.19 Guest at the Lofty Mountains and Chinese Embassy in Mauritius, the
Flowing Water Guqin Music Concert Ambassador’s Residence, Beau Bassin
38. 10.12.19 & Two-day consultative workshop on the Ministry of Gender Equality and Family
11.12.19 Observatory for Gender-based Welfare, Westin Turtle Bay Resort and
Violence (GBV) Spa, Balaclava
41. 15.12.19 Open day at the Alternative School Pierrefonds, Medine Unicity Education
L’Odyssée du Savoir Hub
42. 15.12.19 Guest at the annual concert of the Rehabilitation Youth Centre, Beau-
Rehabilitation Youth Centre Bassin
43. 15.12.19 Guest at the official opening of the 26th Public Officers’ Welfare Council,
edition of the Civil Service Kermesse Gymkhana, Vacoas
by the Prime Minister of the Republic
of Mauritius
44. 16.12.19 Annual Patients’ Day at the New BSMHCC, Beau Bassin
Psychiatric Hospital, Brown Sequard
Mental Health Care Centre (BSMHCC)
46. 23.12.19 Presentation of the Best Kid Tik Tok Radio Plus, Caudan Arts Center, Port
award Louis
47. 08.01.20 Guest for the first award ceremony CEDEM, Floreal
organised by CEDEM in connection to
a Behavioural Change Programme for
the children of the residential care
centre
49. 16.01.20 Meeting with Mr Stephan Toussaint, Citadelle Mall, Port Louis
Minister of Youth Empowerment,
Sports and Recreation
54. 28.01.20 Workshop with CEDAW expert on Rajsoomer Lallah Lecture Hall, Office of
women’s rights on the theme “Les the DPP, Port Louis
institutions oeuvrant pour la
protection des droits humains en
France” in the context of the European
Union Funded Project ‘Promotion of
Respect for Human Rights in Mauritius
and Rodrigues’
55. 29.01.20 Validation workshop for Norms and Ministry of Education, Tertiary
standards governing the SEN Sector Education, Science and Technology in
collaboration with the Special Education
Needs Authority, Gold Crest Hotel,
Quatre Bornes
56. 29.01.20 Half-day workshop on “Les procédures National Human Rights Commission in
du Comité des Nations Unies sur collaboration with the Delegation of the
l’élimination de toutes les formes de European Union to the Republic of
discrimination à l’égard des femmes : Mauritius, Le Sirius, Labourdonnais
Les enjeux pour Maurice” Waterfront Hotel, Port Louis
57. 29.01.20 Reception on the occasion of the visit Résidence de France, Floreal
to Mauritius of women’s rights expert
from the CEDAW UN Committee, Ms
Nicole Ameline
58. 30.01.20 Follow-up meeting regarding school Conference Room, Directorate Zone 3,
absenteeism among children of Ministry of Education, Rose Belle
Résidence Bethleem, Rose Belle
60. 06.02.20 Meeting in connection with the Ministry of Youth Empowerment, Sports
Human Rights Training Course project and Recreation, Citadelle Mall, Port
Louis
61. 13.02.20 Sensitisation programme in Résidence Atelier Sa Nou Vizé, Rose Belle
Bethleem on the theme Support
Services available to parents for their
school going aged children
63. 25.02.20 Lunch and speed networking event in Chargé d’Affaires of the Embassy of the
honour of the International Women’s United States of America, Ms Judes E.
Day DeBaere, Clemens House, Floreal
64. 25.02.20 Case conference regarding child Osman Peerun Government School,
behavioural problem at school Médine Camp de Masque
65. 26.02.20 Meeting with Farm Coordinator of Educational Farm, Safire, Dagotière,
Safire, Mr Bernard Delangue Verdun
67. 28.02.20 Guest for the launching of project Raise Brave Girls Association, Kendra
‘VIA’, an exhibition of 8 photos of Shopping Mall, St Pierre
models portraying victims of domestic
violence, in the context of the
International Women’s Day 2020
69. 06.03.20 The OC as Special Guest at Sodnac Sodnac SSS, Quatre Bornes
State Secondary School on the
occasion of the International
Women’s Day 2020
73. 06.04.20 Talk at the Shelter for Women and Shelter for Women and Children in
Children in Distress Trust Fund during Distress Trust Fund, Forest Side
the confinement period
74. 14.05.20 Talk conducted at the Rehabilitation Rehabilitation Youth Centre, Beau
Youth Centre during the confinement Bassin
period
75. 08.06.20 Visit to SOS Femmes Shelter in relation SOS Femmes Shelter, Coromandel
to a systemic investigation on a place
of safety for children
76. 08.06.20 Visit to Gender Links Safe Haven in Gender Links Safe Haven, St Pierre
connection with a systemic
investigation on place of safety for
children
77. 10.06.20 Meeting in connection with a systemic Passerelle Women Centre, Rose Hill
investigation on place of safety for
children
81. 17.06.20 Forum on the UNCRC and its optional Children’s Foundation, Vacoas
protocols
86. 13.07.20 Meeting with Ms Kalpana Devi Ministry of Gender Equality and Family
KOONJOO-SHAH, Minister of Gender Welfare, Port Louis
Equality and Family Welfare regarding
a case of sexual assault of a 3-year-old
minor
87. 13.07.20 A Gender Champions lunch to say The Australian High Commissioner, Port
farewell in honour of Her Excellency Louis
Ms Jenny Dee, The Australian High
Commissioner
88. 15.07.20 Interview in relation to two infants Wazaa FM (The show “Ena enn simé”),
aged 10 and 11 months respectively Ebène
needing help at Candos Hospital
92. 18.07.20 Workshop on ‘COVID-19 Impact on Mauritius Family Planning and Welfare
Sexual and Reproductive Health Association, Labourdonnais Waterfront
Rights’ Hotel, Port Louis
97. 28.07.20 Case Conference Henry Buswell Govt School, Rose Hill
98. 30.07.20 Training session on child protection Mr Bernard d’Argent, ANFEN, Rose Hill
and the role of the OCO
99. 06.08.20 Talk by the OC regarding child abuse Education Directorate, Zone 3, Sookdeo
and domestic violence perpetrated on Bissoondoyal State College, Rose Belle
children
100. 09.08.20 Address by the OC on the occasion of Mr H D Ghoora, ASP, Brigade pour la
a pacific walk to raise awareness on Protection des Mineurs, Plaza, Rose-Hill
violence against minors
103. 19.08.20 A talk with 320 students and 30 Organised by Ms Vanessa K. Boodhoo,
teachers on social issues affecting Imperial College
students mainly parental separation
or divorce, which have an impact on
their personal life and studies
105. 20.08.20 First meeting on the National Ministry of Foreign Affairs, Regional
Mechanism for Reporting and Follow- Integration and International Trade
up (NMRF) (Human Rights Division) at the Council
Chamber of the Municipal City Council
of Port-Louis
106. 24.08.20 Two-hour basic orientation on the A. Sowdagur, National Social Inclusion
Fortified Learning Environment Unit Foundation, at the MIE, Réduit
(FLEU)
107. 27.08.20 Work session for SeDEC School SeDEC, Celicourt Antelme, Rose Hill
Inspectors on the issues of difficult
pupils, behaviour management,
violence at school and other related
issues
109. 31.08.20 Case conference Notre Dames des Lourdes RCA, Rose-Hill
13. 21.01.20 Association des Parents des Déficients Auditifs (APDA), Curepipe
31. 02.07.20 Visit to Résidence Anoska (case of sexual assault of a 3-year-old minor)
2. 19.11.19 Opening ceremony of the film projection of the movie Rajiv Gandhi Science
‘Wonder’ directed by Stephen Chbosky Centre, Bell Village
3. 20.11.19 Interactive workshop with children on the theme ‘Anou coz Gold Crest Hotel,
drwa zanfan’ Quatre Bornes
5. 31.01.20 Workshop with Student Councils and children from NGOs on Intercontinental
the theme of promoting the rights to be heard and to Resort, Balaclava
participate organised by the OCO in collaboration with the
delegation of the European Union to the Republic of Mauritius
6. 29.02.20 Film projection of the movie ‘Wonder’ for children from MCine Caudan, Port
various institutions in line with the European Union Project Louis
7. 15.06.20 – Sensitisation campaign on child rights organised by the OCO Broadcasts on radio
10.07 20 on Radio Plus
8. 06.20 – Essay writing on the Covid-19 lockdown “Ma plus belle In process
07.20 expérience de partage durant la période de confinement liée à
la Covid-19”
10. 12.08.20 – Two-day networking forum entitled “Strengthening the safety Palms Hotel, Quatre
13.08.20 net to protect children of Résidence Anoska from all forms of Bornes
abuse through the dynamic partnership between community
members and child professionals”
11. 26.08.20 – Survey to assess the rights of children living in Résidence Résidence Anoska
28.08.20 Anoska in accordance with the UNCRC
Ombudsperson for Children Report on Activities 2019-2020 | 353
Annual Report 2019-2020
SN DATES AGENDA
1. 26.01.20 – 29.01.20 • Presentation of Ombudsperson for Children’s Office Annual
Report 2018-2019
• Intervention on radio
• Visits to Pre-Primary schools
OVERSEAS MISSION
CHAPTER 7
Handling of Cases for the
Year 2019-2020
7.1 Introduction
The Ombudsperson for Children (OC) represents and defends the rights of all children living in
Mauritius, Rodrigues and Agalega, children of Mauritian origin who are abroad, and children of other
nationalities who reside within the Republic of Mauritius. Based on the Ombudsperson for Children Act
(OCA) 2003, the overarching mandate of the OC relates to the following main areas:
• monitoring compliance with the United Nations Convention on the Rights of the Child (UNCRC)
among all relevant local stakeholders;
• promoting the rights of children in the Republic of Mauritius including their rights to health,
education, leisure and freedom of expression among others, as well as their best interests; and
In order to achieve its mandate, one of the core functions of the OCO is to carry out investigations on
any alleged case of child rights violations, either on its own motion or driven by a complaint made by
any party. This is clearly set out in sections 6 and 7 of the OCA 2003 (refer to Appendix A). The OCO
receives complaints on various types of cases, for instance,
• a child with disabilities being denied special facilities for the School Certificate examinations;
• a case of parental alienation whereby a mother is not able to spend time with her son after her
divorce;
• children found with no fixed abode during the confinement period; or
• bullying of a 6-year-old minor by her classmates.
The present chapter gives information on the 8 principles that guide the actions of the OCO and an
overview of its investigation procedures. A summary of the number and types of cases/complaints that
were dealt with during the period from 01 July 2019 to 31 August 2020 is then provided, followed by a
selection of 26 anonymised cases to illustrate the investigation work of the OCO.
The OCO gives high importance to good governance which is translated into eight guiding principles
that underlie its actions with regards to promoting and protecting children’s rights:
1) Jurisdiction
The OC has a clear mandate through the Ombudsperson for Children Act 2003 which specifies her
role, powers and functions. Her decisions and actions are formulated and executed within the
parameters of the OCA 2003.
2) Independence
As long as she is operating within the limits of the OCA 2003, the OC performs her functions
independently and does not take directives from any public or private authority.
5) Confidentiality
The OC has the privilege and discretion to keep confidential or release information related to a
complaint or investigation as appropriate. The OC does not disclose information about individual
cases or visits and cannot be compelled to testify about concerns brought to her attention.
Confidentiality is very important to build the credibility of the OCO mainly because people who
complain to the OC and who respond to the OC’s investigations may fear retaliation. Therefore,
protecting the identities of witnesses and safeguarding the information communicated to the OC
enable her to effectively and efficiently advocate for the rights of children.
6) Transparency
In line with the OCA 2003, proper referral, assessment, intervention and review mechanisms have
been created at the OCO to deal with every single complaint. Transparency is considered
fundamental to accountability. In this regard, the OC submits to the President of the Republic of
Mauritius an annual report showcasing the activities carried out by the OCO during the preceding
year that is subsequently rendered public.
7) Responsiveness
The OCO provides a free and responsive complaint procedure for anyone who requires it. There are
several ways through which a complaint can be made by or on behalf of children as follows:
▪ coming in person or phoning the office to speak with an Investigator or the OC;
▪ downloading a complaint sheet from the OCO’s website, filling it in and send it back to the
OCO;
▪ writing a letter to the OC about the complaint; or
▪ sending an email about the complaint to the OC.
8) Public awareness
In order to make the general public aware of her role and the functions of her office, as well as the
rights and responsibilities of children as promoted by the UNCRC, the OC works in close collaboration
with the media, and also regularly organises awareness campaigns throughout the Republic of
Mauritius.
Preliminary assessment
Have all the options (e.g. contacting relevant authorities) been exhausted in finding a solution to
this case?
If yes, proceed with full investigation. If no, refer to the relevant authorities.
Full investigation
(This stage consists of calls for files, summons and examinations on oath, individual and group
interviews, field visits, mediation, case conferences, consultations, etc.)
For the reporting period from July 2019 to August 2020, the OCO registered 403 cases, which is less
than the number of cases recorded in 2018/2019, that is, 466. The main explanation for this decline is
that less people registered complaints during the confinement period which lasted more than two
months, that is, from 20 March 2020 to 30 May 2020. In fact, only 30 cases were recorded during that
time. Nevertheless, the OCO remained available through the phone and emails during the lockdown.
Several initiatives to protect the rights of children were carried out by the OCO as described in chapter
1 of the present report.
Tables 1-4 below provide an overview of the case statuses of complaints registered for the period July
2019 – August 2020; the different categories of complaints received; the profile of complainants; and
the gender distribution of complainants, respectively.
Table 1. Cases handled by the OCO from 01 July 2019 to 31 August 2020
As shown in Table 1 above, out of the 403 new complaints registered and investigated from 01 July
2019 to 31 August 2020, the OCO successfully resolved and closed more than three-quarters of its
caseload (i.e. 316 cases). Fifty-four cases are still awaiting reports from various stakeholders and the
remaining 33 cases are in progress.
The categories of complaints vary from basic school problems to complex societal issues including
family conflicts, domestic violence, abuse, neglect and poverty, as showcased in Table 2 below. The
main category of complaint investigated during this reporting year was about child neglect, which
included 58 cases. The next most frequent category was that related to family conflicts (i.e. 57 cases),
which mainly arose due to non-respect of Court Orders on parental custody and visitation rights,
followed by the category of complaints regarding school problems (i.e. 56 cases). It must be noted that
the category indicated as ‘Others’ in Table 2 represents those cases that involve compounding
difficulties, in other words, cases constituting of two or more categories of complaints (e.g. family
conflict, child behavioural problems and sexual abuse).
Table 2. Categories of complaints registered at the OCO from 01 July 2019 to 31 August 2020
The OCO registers complaints from people and organisations from a vast range of backgrounds. The
OCO also pursues own-motion investigations based on identified areas of concern. Table 3 below
provides a breakdown of these profiles for the reporting period from July 2019 to August 2020.
Complainant Number
• Mother 127
• Father 95
• Grandparents 33
• Anonymous complainants 29
• Education professionals 26
• Relatives/ Friends 24
• Own-motion inquiries 15
• NGOs 13
• Neighbours 11
• Media 8
• Medical Social Workers 7
• Ministries/ Departments 6
• Children 4
• Foster parents 3
• Group of students 2
TOTAL 403
Moreover, as shown in Table 4 below, the proportion of male complainants was higher (i.e. 52.6 per
cent) than that of female complainants (i.e. 47.4 per cent) for the period from July 2019 to August 2020.
Table 4. Gender distribution of complainants for the period from 01 July 2019 to 31 August 2020
Gender Number
Male 212
Female 191
TOTAL 403
Over the course of 2019/2020, the OCO carried out around 38 field visits including visits to residential
care institutions for investigation purposes. These enabled investigators to:
Out of all the cases handled by the OCO over the reporting year 2019-2020, the current section details
26 of them to provide an overview on the broad nature of complaints that are received at this Office
and their related interventions. The names of complainants, children, schools and places have been
replaced with arbitrary letters to prevent their identification.
CASE 1: Advocating for a minor’s rights to benefits payable by the Statutory Bodies
Family Protection Fund
Background
Social security is a child right, as enshrined in the Convention on the Rights of the Child (United
Nations [UN], 1989)89. Yet, many children do not receive the essential cash transfers or pension
benefits related to their nutrition, health, education and care that could make a real difference in
realising their full potential. Having signed and ratified the UNCRC in 1990, the Republic of Mauritius
has committed itself to putting children first on all its agendas, including the issue of social protection
which encompasses social assistance and economic support and services to children.
89
United Nations (1989). Convention on the Rights of the Child. Geneva: United Nations.
enable her child to bear his father’s name. After 11 years, the boy, now a teenager was finally
judicially acknowledged as being the biological child of Mr Y.
The mother stated that, after the death of her partner, her son should have benefitted from a pension
under the Statutory Bodies Family Protection Fund (SBFPF) Scheme, but this was not received
because the boy’s case of bearing his father’s name was pending before Court at the time. The
Manager of the SBFPF wrote to the mother saying that, in the event her application is favourably
entertained by the Supreme Court, all the rights of her son would be preserved, and the pension
benefits would be granted to him. When eventually the Court declared and decreed the minor as the
natural son of late Mr. Y, the mother renewed her request to the SBFPF but received no reply. The
mother thereby made an official complaint to the Ombudsperson for Children’s Office (OCO) in that
regard.
90
United Nations (1966). International Convenant on Economic, Social and Cultural Rights. Retrieved on 29 July 2020 from
www.ohchr.org/Documents/ProfessionalInterest/cescr.pdf
and the SBFPF. In the event of the death of an associate or contributor to the SBFPF Scheme, his/her
family will derive the following benefits, as applicable:
Actions taken
1. Phone conversation with an Officer of the SBFPF: An Investigator of the OCO spoke to an officer
of the SBFPF who stated that he would look into the matter. After a few weeks, the Investigator
spoke to the same Officer to obtain a feedback and he confirmed that the necessary is being
done for the minor to get his social aid.
2. Meeting with complainant: The investigator of the OCO met with the mother who stated that
her son has benefitted a partial amount of money from the SBFPF, but complained that the
minor has not been allocated back payment of the pension benefits from the time he was born
to date to which he is entitled to.
3. Letter sent to the SBFPF: The investigator of the OCO sent a letter to the Manager of the SBFPF
advocating the right of the child to pension benefits from the Fund from the time he was born
to date.
4. Follow-up phone conversation with an Officer of the Statutory Bodies Family Protection Fund:
On the phone, an Officer of the SBFPF stated that the matter would be taken up by the
Committee of the Fund and it is very likely that the complainant would receive the full pension
by the end of the month.
Outcome
The mother phoned the OCO and thanked the Office for its prompt intervention as her son had
received full back payment of the pension benefits. She stated that she would use the pension
benefits for the education of her son.
Comment(s)
Mauritius stands out amongst many African states in that it has a comprehensive social welfare
system to which Mauritians have universal access. Nevertheless, the country should continue to build
upon the development of social protection which would powerfully contribute to reducing poverty,
exclusion and inequality. After all, children’s rights and welfare are the cornerstone of democracy.
CASE 2: Promoting the rights of a mother and her 8 children to adequate housing
Background
The right to adequate housing is of particular significance to children. Without a decent and secure
housing, children are unlikely to realise their right to grow and develop in an atmosphere of moral
and material security, free from abuse and neglect. As a welfare state, it is crucial for our country to
tackle the underlying issues of inadequate housing in a proactive way.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
91
United Nations (1948). The Universal Declaration of Human Rights. Paris: Author. Retrieved on 29 July 2020 from
www.ohchr.org/EN/UDHR/Documents/UDHR_Translations/eng.pdf
Actions taken
1. Phone conversation with an Officer of the National Housing Development Co. Ltd (NHDC): An
Investigator of the OCO spoke with an Officer of the NHDC who stated that Ms X’s case has
been registered, but she had still some missing documents to submit. The Officer further
informed the Investigator that the construction of the NHDC houses of the locality had already
begun.
2. Field visit: Two Investigators from the OCO carried out a field visit to the Community Centre
on 17 January 2020 and the findings are outlined as follows:
(a) At the Community Centre, the Investigators met with two families – one family whose
house had been destroyed by fire, and the other one, Ms X’s family whose house was
completely damaged by a cyclone. Upon interviewing both families, the Investigators took
cognizance that the Ministry of Social Integration, Social Security and National Solidarity
(MSISSNS) provides food every evening for the one family afflicted by fire, but it does not
cater same for Ms X’s family.
92
United Nations (1966). International Convenant on Economic, Social and Cultural Rights. Retrieved on 29 July 2020 from
www.ohchr.org/Documents/ProfessionalInterest/cescr.pdf
i) Ms X had been living in the region for nearly three decades. As at date, she has in
her charge 8 children (3 of her own, and 5 of her daughter and son-in-law who
passed away in 2018). Ms X has been residing in deplorable housing conditions for
the last 30 years. She was supposed to benefit from a temporary accommodation
by the NHDC and had received several visits from its officers. In addition, she
claimed that she even submitted several documents to them, but nothing
concretely materialised. The cyclone Calvinia did considerable damage to her
already-fragile house which forced her and the children to find shelter in the
Community Centre.
ii) All the children reportedly attend school with the exception of one aged 15 years
old who has dropped out of school to assist an NGO of the locality.
iii) Her family received food from NGOs for a period of 4 days only, but nothing
afterwards. She is totally dependent on her eldest daughter, who lives a kilometre
from the Community Centre, for food and other essential provisions. However, the
food is very often insufficient. She also stated that she cannot cater for milk for
her grandchild of 2 years and the children eat mostly bread and butter.
iv) The children are very depressed with their situation. They are deprived of living in
hygienic conditions, proper balanced meals, sanitation facilities, access to basic
health care services and security.
v) Ms X depends on the social aids which the MSISSNS allocates to the children in
order to buy food and clothing for them.
vi) Ms X has formulated a request to the NHDC for a good housing and is aware that
she has to submit further documents thereto.
vii) Ms X is requesting the Ombudsperson for Children to take into consideration her
grievances with respect to the rights of the children.
refugees of cyclone on the first day but there is no policy which states that food should be
given to the family who lives in the community centre.
4. Phone conversation with the Headmaster of a government school attended by most of the
children: The Headmaster told the Investigator that there are many vulnerable children
attending this school, including those living in dire housing conditions. He stated that the
school daily provides to vulnerable students milk, cereal, bread and sausages/burger for
breakfast, and bread and vegetables, a bottle of water, a small packet of biscuit and a fruit
for lunch. He also added that the school personnel motivate the students by creating a good
environment conducive to development at school.
5. Meeting with the Minister of Housing and Land Use Planning: The OC met with the said
Minister regarding the case of Ms X and made an appeal to him to look into the matter with
the NHDC so that Ms X and her children could benefit from a decent house with access to
basic amenities like water and electricity.
Outcome
As at date, Ms X’s case is still pending. The Investigator of the OCO is monitoring the case.
Comment(s)
When dealing with the social dimension of sustainable development, it is important that the relevant
authorities prioritise this basic social right for all children – the right to adequate housing. A decent
house can become the basis to further protecting children from exposure to different forms of harm
and the long-term effects of poverty and disadvantage.
Ministers and Heads of States participating at the high-level segment of the substantive
session of 2011 of the Economic and Social Council, held in Geneva from 4 to 8 July 2011,
pledged that:
We stress the need to take measures to prevent and eliminate all forms of violence in
any educational setting, including gender-based violence, bullying and cyber-bullying,
and recognize the need for the development of a safe and supportive educational
environment, counselling and complaint and reporting mechanisms to address those
issues effectively. We recognize the need to protect children and young people from
other risks they face in the educational environment and encourage the taking of
effective measures in that regard. We also stress the importance of girls and boys
getting to school safely. (ECOSOC, 2011, para.14)93.
Bullying should not be tolerated in any of its forms and should be considered as being a very
serious offence to be dealt with accordingly and with all required severity. Preventive
approaches should be adopted to make the school a bully free zone for all. Victims and other
students should be encouraged to come forward and disclose any averred or suspected cases
which should be addressed very cautiously to avoid repercussions from the bully. While support
should be provided to the child victim as a first priority, the school should consider productive
ways of working with bullies towards changing their aggressive attitudes as well as other
constructive responses aiming at avoiding repetition.
93
Economic and Social Council (2011). Ministerial Declaration: Implementing the internationally agreed goals and
commitments in regard to education. Geneva: United Nations. Retrieved on 29 July 2020 from
www.un.org/ecosoc/sites/www.un.org.ecosoc/files/documents/2011/ministerial_declaration-2011.pdf
94
Ministry of Education and Human Resources, Tertiary Education and Scientific Research (2015). Student Behaviour Policy.
Mauritius: Author. Retrieved on 29 July 2020 from ministry-
education.govmu.org/English/educationsector/seceducation/Documents/STUDENTBEHAVIOURPOLICY.PDF
Actions taken
1. Phone conversation with the Deputy Rector of the college: The Ombudsperson for Children (OC)
spoke to the Deputy Rector of the college and was apprised that he had already initiated the
following actions:
(i) The concerned children, all 12 years old, of Grade 7 were referred to the Disciplinary
Committee of the college.
(ii) The service of the Brigade pour la Protection des Mineurs was sought in order to provide
an early intervention assistance to the concerned children.
(iii) A meeting was scheduled with the parents of the children at the seat of the college.
(iv) A letter has also been sent to the Bus Service of the Z Co. Ltd as, reportedly it was the
bus conductor who was filming the incident and incited the other children to bully the
boy. He allegedly failed to provide assistance to the child being bullied.
While lauding the prompt measures taken by the Deputy Rector, the OC expressed her concern
that bullying is a rampant issue and children need to be sensitised about it. The OC proposed to
carry out a sensitisation session to Grade 7 students on a mutually agreed date with the Deputy
Rector.
2. Field visit: The OC along with an Investigator carried out a field visit to the school and spoke to
the Deputy Rector. The latter stated that the victim in the bus was actually a bully in class who
constantly harasses his classmates, and that the children had decided to corner him in the bus
and bully him as a revenge for his acts. He also stated that bullying is common among older
students as well and that certain cases unfortunately go unreported. Additionally, the OC had
the opportunity to speak with several educators who talked on the general atmosphere of the
college, the challenges they face while teaching in class and how it is difficult to control children
with challenging behaviours.
3. Sensitisation at school: On the scheduled date, the OC carried out a 30-minute intensive
sensitisation session with 140 Grade 7 students in the library of the college on various topics
including the role of the OC, the different forms of violence such as bullying, the importance of
discipline, and their rights and responsibilities. The sensitisation activity was followed by a
question-and-answer session with the participants. The students asked many questions regarding
the reporting mechanism on bullying. The OC stated that cases on bullying should be reported
primarily to the school management and added that the children can contact her office directly
when they feel that their rights are being violated.
Outcome
An Investigator of the OCO called the Deputy Rector of the college. He stated that through the various
interventions, the problem of bullying among the concerned children is under control and that the
school bus conductor has been replaced by another one.
Comment(s)
Bullying cannot be overlooked given its far-reaching effects in terms of violations of children’s rights.
The OC believes that the issue of bullying can be effectively dealt with at interpersonal, family, school,
community and State levels through multi-stakeholder collaboration. The empowerment of all
stakeholders working with children is key to tackling the problem at its core. It is important to find
lasting solutions to manage bullying in our educational and societal institutions.
At this point, Mr B. made a complaint to the OC that the Family Division of the Supreme Court did
not take into account a report of the Child Development Unit (CDU), but based itself on other reports
to grant the mother the right of visit of three hours twice a week. The matter was still in Court for
further deliberations. The OC met the complainant and informed him that, as per section 7(4) of the
Ombudsperson for Children Act (OCA) 2003, she cannot investigate any case which is pending before
any Court. The complaint was set aside.
The Court case evolved and the Judge also granted the right to the mother to take Child D to her
country for six weeks as part of the “droit d’hébergement” provided by the Code Civil Mauricien. At
the time, the father had no objection. However, in November of the same year, Mr B filed an affidavit
and moved that an Interim Order be issued to discharge the previous order. Subsequently, one week
later, both parties reached an agreement in Court, and the father declared that he had no objection
for the mother to take the child to her country to visit her parents. The mother had undertaken to
return the child to Mauritius on 30 December of the same year. It was also agreed that, while Child
D was abroad, the mother would arrange for the child to contact his father at least thrice a week
through online means.
One day, the father phoned the OC again to complain that the mother was allegedly abducting his
son to her country under the pretence that she was taking him to visit his grandparents abroad. Their
flight was leaving in the evening. Given that the mother’s country of origin is not a signatory to the
Convention on the Civil Aspect of International Abduction (Hague Conference on Private
International Law [HCCH], 1980)95, also known as the Hague Convention, he believed that the mother
would keep the child with her forever. Thus, he would become a victim of parental alienation. He
claimed that the right of the child to maintain contact with both parents would be violated. He
requested the OC to intervene and to put an objection to departure to stop the mother and child
from leaving the country.
95
Hague Conference on Private International Law (1980). Convention on the Civil Aspects of International Child Abduction.
Hague: Author. Retrieved on 30 July 2020 from assets.hcch.net/docs/e86d9f72-dc8d-46f3-b3bf-e102911c8532.pdf
b) to ensure that rights of custody and of access under the law of one Contracting State
are effectively respected in the other Contracting States.
• Article 3:
The removal or the retention of a child is to be considered wrongful where –
a) it is in breach of rights of custody attributed to a person, an institution or any other body,
either jointly or alone, under the law of the State in which the child was habitually
resident immediately before the removal or retention; and
b) at the time of removal or retention those rights were actually exercised, either jointly or
alone, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in sub-paragraph a) above, may arise in particular by
operation of law or by reason of a judicial or administrative decision, or by reason of an
agreement having legal effect under the law of that State.
2. A letter was sent by the OCO to the The OC learnt that the Interpol informed the
Commissioner of Police to inquire about the Ministry of Gender Equality and Family Welfare
status of the abduction case. that no further action could be initiated at their
level without an international warrant with Red
Notice from the Supreme Court of Mauritius. The
case of alleged abducting minor was sent for
advice at the Office of the Director of Public
Prosecutions (ODPP) who recommended the
police the following: “Being given that [Ms. C’s
country] is not a party to the Hague Convention,
no advice can be tendered at this stage. However,
Ms C [is] to be arrested upon arrival in Mauritius.”
3. Through the ‘Association des Ombudsmans The Officers of the NHRC visited Ms C and Child
et Médiateurs de la Francophonie’ (AOMF), D. They reported that the child was living in good
the OC obtained the contact details of the conditions and is even enrolled in a school near
National Human Rights Council (NHRC) of his place of residence. They further stated that
[Ms. C’s country]. The OCO sent a letter to the father has regular contact with the child
the President of that institution requesting online and that Ms C has no objection to the
the latter’s collaboration on this case and father visiting their child abroad.
information on the living conditions of the
Child D.
4. The Ombudsperson for Children contacted The Ministry submitted a report to the OC
the Ministry of Foreign Affairs to inquire on stipulating the following:
any support which could be provided to Mr • Ms. C’s country is not signatory to the Hague
B. Convention and a Court Order issued in
Mauritius may not be enforceable there.
• Ms. C’s country’s Embassy was approached
through another regional embassy for
possible assistance.
• Advice was being sought from the Passport
and Immigration Office, Commissioner of
Police and Ministry of Gender Equality and
Family Welfare.
• A Red Notice Control has been issued against
Ms C.
Outcome
The fact that Ms. C’s country is not a signatory of the Hague Convention makes it difficult for
Mauritian authorities to intervene. Hence, it is important to enlist the support of the foreign country’s
authorities without which all actions could be considered as unlawful. This was why, at this level,
diplomacy seemed to be the best option to solve such a problem. The OCO’s enquiry revealed that
there is a case lodged before the foreign country’s Court by Ms C. Given that the OC is bound by the
OCA 2003 that clearly stipulates in its section 7(4) that the OC cannot “investigate in any case which
is pending before any Court”, the case was eventually closed at the level of the OCO. The Ministry of
Foreign Affairs, Regional Integration and International Trade is dealing with the case. The
complainant has been apprised of same.
CASE 5: Child suffering from severe visual impairment denied special facilities for the
School Certificate examinations
Background
Children with disabilities have to overcome many hurdles in their quest to enjoy their right to
education fully. They are disadvantaged right from pre-primary level as many schools are not fit to
accommodate them adequately. The large majority of them are admitted in specialised schools which
are run by NGOs. These schools usually do not have sufficient funding and they cater for different
levels of disabilities. Inclusive education still not being a reality in our schools, only a handful of
children with disabilities do make it to Grade 11 or above. Even though these children are given
special facilities for the ‘O’ and ‘A’ levels examinations, more often than not, these are insufficient.
In terms of Child Z’s history, he was declared legally blind after having been examined by medical
professionals since a very young age. At the age of 5 years, he joined a school for the blind. There
were few pupils in the class. The teacher would read all materials and the child would dictate him
the answers and he would write these for the child. For the Certificate for Primary Education (CPE)
examinations, the MES provides a reader/writer ascribed for all papers, enlarged text and extra time
of 20 mins per hour. Child Z passed his CPE examinations and got admission in a State Secondary
School.
A few days after his admission in Grade 7, a case conference with all stakeholders was held and it
was decided Child Z needs a permanent assistant who will read the texts and write down the answers
he would dictate. A permanent assistant was assigned as reader and writer to the child. Therefore,
for all his tests and examinations he was provided with a human reader or writer, enlarged text, use
of magnifier and overhead light.
When the child reached Grade 11, the mother wrote to the MES through the Rector of the school to
inform that the child will not be sitting for two papers namely Mathematics and Principles of Accounts
due to his blindness. She also requested exemption for the English Oral Paper. Other facilities were
requested as well such as a reader and writer for all papers, enlarged A3 questionnaires, extra time
and use of a magnifier. A few weeks before the start of the examinations, the MES informed the
mother that the requests were being acceded to except for the provision of a reader/writer for some
papers - English Language, Literature in English and French. This implied that the child would not be
able to take these three papers according to his usual way of working. The mother was worried that
this would greatly impede the performance of Child Z at these examinations, which was the basis of
the complaint she made to the OCO.
96
United Nations (2006). Convention on the Rights of Persons with Disabilities. Geneva: Author. Retrieved on 30 July 2020
from www.un.org/disabilities/documents/convention/convoptprot-e.pdf
97
Reasonable accommodation as defined in article 2 of the Convention on the Rights of Persons with Disabilities means
‘necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed
in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all
human rights and fundamental freedoms’.
2. A letter was sent to the Special Educational The Officer-in-charge of the Special Education
Needs Authority. Needs Unit of the Ministry of Education informed
the OCO that they would verify the issue with the
MES. However, the final decision would rest with
the latter who are the representative of the
Cambridge Examinations Syndicate in Mauritius.
3. A letter was sent to the Director of the MES. An Officer of the MES spoke with the OC. She
The OC advocated for the respect of the stated that the facilities provided are according
right of the child to education on an equal to Cambridge Examinations Syndicate
basis with others. She emphasised that regulations. The OC requested the use of a
access to education enables children with humanitarian approach to finding a solution in
disabilities to fully exercise all their other the best interests of Child Z. The Officer stated
human rights. that she will take the matter with her Director.
Later, the OC was informed that the child would
be provided with a computerised reader and the
support of a technician.
4. The parents were informed that the MES Both the parents of Child Z are professionals in
would provide a computerised reader and the IT Sector and called at the OCO to report that
the support of a technician. the software provided by the MES requires the
user to have specific training to be familiar with
its operation. They already sent a letter to the
MES in this regard.
Overall outcome
The parents applied to the Judge sitting in Chambers at the Supreme Court to give a ruling in this
case. The Ombudsperson for Children was summoned by the Court as the parents applied for the
case to be heard in the presence of the OC. An Investigator was designated to represent the OC. At
the very beginning of the hearing, the Officer of the MES informed the Honourable Judge that the
Cambridge Examinations Syndicate agreed to provide a human reader/writer to the child for all
papers under certain conditions which must be agreeable to both the parents and the MES. Both
parties gave their approval.
CASE 6: Parental alienation – mother wants to spend time with her son who lives
abroad with his father
Background
The disagreements and conflicts that arise during parental separation and divorce undoubtedly affect
children even more so when one parent lives abroad. The best interests of the child should be
paramount when taking child custody decisions. Having a loving relationship with both parents is key
to a child’s well-being, but arranging such relationships in the context of parental separation can be
one of the main challenges in resolving a child custody dispute. There are primary considerations
when determining what is in the best interests of the child. The first is the benefit to the child of
having a meaningful relationship with both parents. The second is the need to protect the child from
psychological or physical harm by preventing exposure or subjection to abuse, neglect or family
violence.
➢ General Comment No. 14 on the ‘right of the child to have his best interests taken as a primary
consideration’ (Committee on the Rights of the Child [CRC], 2013)98:
• Section IV(A)(3), paragraph 33: “The child’s best interests shall be applied to all matters
concerning the child or children, and taken into account to resolve any possible conflicts
among the rights enshrined in the Convention or other human rights treaties.”
Actions taken
1. An Investigator of the OCO contacted the father over the phone twice, but he refused any
communication. An official letter, explaining the role of the OC as a mediator in resolving
disputes, was sent to the father. The OC urged him to develop a parenting agreement with his
wife in the best interests of the child.
2. The Investigator informed Ms. P that she could be assigned a legal aid lawyer if her monthly
salary is less than MUR 15,000 as per the Legal Aid and Assistance Act 1973.
98
Committee on the Rights of the Child (2013). General Comment No. 14 (2013) on the right of the child to have his or her
best interests taken as a primary consideration (art. 3, para. 1). Retrieved on 30 July 2020 from
www.refworld.org/docid/51a84b5e4.html
Outcome
When one party resides in another jurisdiction, it can be challenging to conduct mediations. If there
had been an Ombudsperson for Children in the father’s country, the OC would have liaised with the
latter to investigate if the rights of the child were being respected and to carry out mediation so that
the mother could have regular contact with the child.
Actions taken
1. Liaison with child’s school: An Investigator of the OCO promptly contacted the Rector of the
college and apprised him of the problem. The particulars of the child and his family background
were then recorded. The child is an orphan. His mother passed away when he was still very
young and he did not know his father. He has an elder sister who will soon attain majority. The
child presently lives with his maternal aunt who has 4 children of her own.
2. Phone conversation with maternal aunt: The Investigator spoke to the child’s aunt. She stated
that she works hard to care for her children and nephews. Her children are taken care of
financially by their father. She said that the child receives a social allowance for being an orphan.
The aunt stated that the boy could be difficult to handle at times. A Psychologist of the CDU who
works with this child had told her that the latter displays such behaviour to cope with his anxiety
and is in need of attention.
3. Meeting at the school: An investigator of the OCO requested a meeting with the child and
specific personnel of the school. Another Investigator chaired a meeting with an educator and
the section leader. They were apprised of the child’s circumstances. They understood that his
family situation is quite difficult. According to the school, the child is quiet, well-behaved and
participates in class. He makes reasonable effort in his studies.
4. Individual interview with child: An Investigator interviewed the child separately. He spoke clearly
and openly to the Investigator. He stated that he begs because he does not receive any pocket
money and therefore cannot buy any sweet or snack. His cousins and sister do not receive pocket
money either. The child appears to be well cared for. He brings his own lunch every day.
5. Home visit: Two investigators carried out a home visit to meet with the child’s maternal aunt.
The latter could not call at the OCO because of her work schedule and she has a young child
under her care. It was assessed that the boy lives in a safe and caring environment. The maternal
aunt has two jobs and caters for her children’s as well as her nephew’s needs equally. The
Investigators appealed to the aunt to remain supportive, given the child’s difficult family history.
Outcome
Following the Investigators’ meeting at the boy’s school, the educators apprised the rector of the
matter. The school positively and promptly responded to the needs of the child and the personnel
started to provide food and snacks on a daily basis to the boy. Through the Parent Teacher
Association’s funds, this practice was extended to other needy students.
Comment(s)
An isolated case of a child begging on the streets may seem trivial to some people, but this is an
important social matter that has to be tackled at its roots. In the current case, the child had very
difficult beginnings with his mother’s early death and an unknown father. He was dependent on his
next of kin (i.e. his maternal aunt) who already had many children and who could only afford him his
basic needs. He was attempting to fulfil his wants for sweets and cakes through begging. As it turned
out for this case, this child necessitated strong family-community mobilisation including the school
and relevant authorities to support his needs and age-appropriate wants.
Ms. G, SEN Educator at MN Government School addressed a complaint regarding minor J to the
Ministry of Education, Tertiary Education, Science and Technology (METEST) and copied same to the
OCO. According to Ms. G, minor J was behaving aggressively and even attempted to harm himself. It
was also flagged that minor J had regular violent outbursts and even attempted suicide by trying to
strangle himself with his handkerchief and shoelaces. Moreover, the Acting Headmaster of the MN
Government School, Mr. H, addressed a complaint regarding minor J to the METEST, copied to the
OCO. He stipulated that the child suffered from Attention Deficit Hyperactive Disorder (ADHD). He
also described an incident which occurred at the school, whereby minor J became violent and
unmanageable, and he got minor injuries by smashing a windowpane in a fit of anger.
Mr. H stated that the Child Development Unit (CDU) of that region was unreachable when contacted,
hence assistance was sought from the 113 hotline. He was advised by the CDU Officer to treat it as a
case of child injured at school and to take him to the regional hospital, from where, assistance can
be provided to take him to the mental health care centre where minor J is an outpatient. However,
due to a lack of appropriate means of transport and the personnel being unwilling to accompany the
child in the absence of the grandmother who was not reachable, the child was not transported to the
hospital. They then had recourse to the police station of the locality who agreed to take minor J to
the hospital with a responsible party. The grandfather of minor J was called to the school, but, on
arrival, he refused to take the child to the hospital. Minor J and his grandfather were eventually taken
to the police station for a written statement.
For information, minors J, K and L had been living with their grandmother following an incident where
minor J was sodomised by an acquaintance. The minors’ parents had drug problems and their father
had been incarcerated several times. According to the psychologist of the CDU, minor J also had been
physically abused by his stepmother who is also a drug addict.
Actions taken
1. Convocation: The Headmaster of the ABC Government School was convened at the OCO.
However, it was the Acting Headmaster who attended the meeting as his predecessor had been
promoted to the role of Inspector. The Ag. Headmaster stated that he was aware of the
difficulties faced by the minors and that arrangement had been made for the minors to be seen
by a School Psychologist. When further enquired, he pointed out that, even though minor J was
violent and aggressive at times, he was still manageable and fared well at school. He pointed out
that no discrimination was done against the minors, and that all children are treated equally
irrespective of their ethnic identities. The Ag. Headmaster also pointed out that he cannot
answer for his predecessor.
2. Feedback to the complainant: The grandmother was updated of the Acting Headmaster’s
convocation and she was informed of the change in Headmaster at ABC Government School.
The grandmother remembered that minor J had behavioural problems and used to eat chalks in
that school.
3. Follow-up phone call to ABC Government School: A follow-up call regarding the progress of
minors K and L in ABC Government School was carried out. The Ag. Headmaster stated that the
minors were faring well at school. The grandmother was informed of same.
4. Letter addressed to the METEST: Following the complaint received from the SEN Educator, the
OCO sent a letter to the Senior Chief Executive of the METEST to be apprised of the development
of the case at their level.
5. Phone update to Mr. H, the Acting Headmaster of MN Government School: An Investigator spoke
with Mr. H and advised him to send an official letter to the Ministry of Gender Equality and
Family Welfare (MGEFW) regarding Minor J. The Investigator reassured him that the OCO would
do the needful follow-up to ensure that the concerned authorities were handling this matter
diligently.
6. Letter addressed to the MGEFW: Following the complaint received, the OCO sent a letter to the
Permanent Secretary of the MGEFW to request for a report on minor J’s case.
7. Case conference: A case conference on minor J was held in the Conference Room of the MGEFW,
which was chaired by the Head of the CDU. The OCO was also convened to this meeting as an
observer. It is significant to note that the OCA 2003 provides that the OC collaborates with public
bodies, private authorities, individuals and associations of individuals in the promotion and
protection of child rights.
Outcome
The case conference resulted into possible courses of action with regards to minor J. According to
Dr. WS, Consultant Psychologist at the national mental health care centre, minor J is an outpatient
since 2014 under treatment for ADHD. He also added that taking medication can help to control the
challenging behaviours of the minor. It was confirmed that, minor J’s behaviours were better and
calmer at home when he is administered his medication, and he became aggressive at school because
he was not taking his medication there. The following points were advanced at the conference:
• The continuum of care should prevail at school and Medical Social Workers could sensitise
teaching and non-teaching staff, including the canteen seller, regarding pupils with special
educational needs.
• The METEST could establish whether a teacher could give the child his prescribed
medication with the informed and signed consent of the grandmother.
• Since minor J could be a threat to others and to himself, it was decided that it is best that
he is placed in a separate class alone with a teacher for a while.
• An individualised educational care plan must be established for him.
• In situations when a child is hurt at school and the parents/legal guardians are unavailable
or unreachable at that particular time, it was proposed that the Headmaster could work
out a care plan and write to the METEST for appropriate interventions.
• It is proposed that the minor J is followed by his treating doctor at the regional hospital
instead of the national mental health care centre to avoid any social stigma and to shorten
the travelling distance for the child.
Additionally, an Investigator spoke with Mr. H, Ag. Headmaster of MN Government School regarding
updates on minor J. Mr. H stated that the minor takes his medicine at school as per the doctor’s
prescription and is being followed by a psychologist. The HM also reported that, having been
separated from the larger classroom to a smaller one has helped in decreasing the minor’s
aggressivity and his behaviours are improving through responsibility-taking activities.
Comment(s)
School environments have to become better equipped and sensitive at dealing with children with
mental health problems and at promoting their right to education and proper development. It has
been observed that often staff is not sufficiently trained and hence lack the skills on how to handle
such students. In certain instances, educators do not have sufficient knowledge on how to identify
students who are at risk. Therefore, when a child suddenly manifests a mental health crisis at school,
this creates a lot of anxiety and stress among the personnel who do not necessarily know how to de-
escalate the child’s behaviours and respond in a compassionate manner. Therefore, there is an
important need to empower school staff on strategies they could use to deal with vulnerable children
as they are directly involved on a daily basis with them.
In September 2019, a draft timetable was circulated by the TR State College and the first day of the
competition was coinciding with the minor S’s examinations. The parents of minor S made a request
to the Rector to consider either rescheduling the examination papers or promoting the child to Grade
13, even if she did not sit for the papers set on these two days. However, the Rector was not
agreeable to any compromise and informed the parents that they had to make a choice between the
competition and the examinations.
Given that the child invested lot of time and resources in the preparation of that competition and is
equally dedicated to her studies, the parents were concerned that the child might suffer
psychologically if she did not succeed in her goals. The Rector in turn asked the parents to get a
clearance from the MEHRTESR for her participation in the competition after which he would consider
making any concession. The complainant requested the Ombudsperson for Children (OC) to
intervene in this matter.
Actions taken
In this case, it appeared that the Rector was not sufficiently considering how the child would be
adversely affected if she had to choose between taking part in the competition and sitting for her
examinations, given that she had invested equally in both endeavours. In order to ensure that her
right under article 29 of the UNCRC was respected, the OC wrote to the Rector to request him to
review his stand on the matter and consider making adjustments so that minor S was not penalised.
Outcome
The Rector of the school rescheduled the examination papers that were previously set on the
competition dates. Subsequently, the MEHRTESR wrote to the OCO to confirm that this rescheduling
of the papers had been approved following the correspondence from the Rector of the college. As a
result, minor S was able to participate in her international competition as well as sit for her
examination papers.
CASE 10: A child who suffers from bronchial asthma not allocated a school near his
place of residence
Background
In all countries, asthma is a chronic condition commonly suffered by some children. Learning to live
with this illness can be very challenging for these children and their families. The school life of these
children can also be affected by unexpected respiratory difficulties during classes or sudden
hospitalisations due to asthma attacks. They can feel quite different from their classmates and
experience potential exclusion within the school environment. It is important that parents, schools
and the relevant authorities are responsive to these children’s needs and ensure that the necessary
adjustments are made to minimise disruptions to the fulfilment of their right to education.
Actions taken
A letter was sent to the METEST by the OCO regarding this complaint. The OCO requested the
Ministry to duly consider the minor’s health issues and reallocation to a school nearer to his residence
in his best interests.
Outcome
Two weeks following this letter, the METEST replied to the OCO stating that minor U had been
allocated a school near to his home and an admission letter had already been issued to the parent.
The OCO contacted the complainant for a follow-up. She stated that she was not satisfied with the
new school and she would make alternative arrangements for her son to go to a nearby private
school.
The Headmaster explained that minor V had been referred to the Ministry of Education and Human
Resources, Tertiary Education and Scientific Research (MEHRTESR). Minor V was allocated to an
Educational Psychologist who assessed him as having repressed anger and showing signs of
inattentiveness, hyperactivity, behaviour problems and academic underachievement. The child’s
behaviours were showing no improvement at school. Subsequently, the Educational Psychologist
further referred the case to a Psychiatrist/Clinical Psychologist of the Ministry of Health and Quality
of Life. It seemed that the parents were reluctant to take minor V to see a Psychiatrist/Clinical
Psychologist. The Headmaster requested the OC to organise a case conference so that all the relevant
stakeholders could come together in order to properly cater for the welfare of minor V.
Actions taken
As mandated by the OCA 2003, the OC accepted the request for conducting a case conference
because she considered that the implementation of the rights of minor V and other children affected
by minor V’s behaviours at school had to be assessed. The OC contacted the Headmaster to get a
better understanding of the current situation with minor V at school.
The case conference was chaired by the OC and consisted of an Investigator from the OCO, the
Headmaster, the Deputy Headmaster, the School Inspector, the Educational Psychologist of the
MEHRTESR, a representative of the school administration, minor V’s Educator, the Holistic Educator
and the Oriental Language Educator. The following points were highlighted:
• The challenging behaviours of minor V seemed to have worsened when his brother changed
school.
• Minor V remained a risk to himself. He has been observed to hit himself and accusing other
children to have harmed him. He even tried to choke himself by tying a plastic bag around his
head.
• Minor V’s Educator stated that she tried different strategies. She made him sit next to a
student who works well but, after some time, minor V started to hide under the table. The
Educator finally made him sit next to her and she felt that his behaviours had improved.
• Minor V had interest in sports, but, due to his limited attention span, he would get distracted
and start hitting or throwing rocks at other students.
• The school convened his parents several times, but they said that minor V did not act this way
at home.
• The Educational Psychologist was of the view that minor V was suffering from a psychiatric
problem and that he would benefit from a psychiatric assessment.
Outcome
After the case conference, the Headmaster contacted minor V’s father and urged him to take his child
to a Psychiatrist. The father adhered to the Headmaster’s instruction. During a follow-up call, an
Investigator of the OCO was informed by the Headmaster that minor V is being regularly followed by
a Psychiatrist and there was a marked improvement in the minor’s behaviours.
CASE 12: A 6-year old child’s case of school absenteeism and the lack of psychological
support
Background
School refusal is a significant emotional difficulty which can be a source of high levels of distress
among the children affected and their parents. There can be several reasons why a child may refuse
to go to school such as anxiety being in large groups, difficulties with making friends, issues with
separating from parents, or bullying, among others. School refusal may manifest through a variety of
behaviours such as temper tantrums, running away from school, physical complaints (e.g. stomach
aches, muscle pains, etc.), disturbed sleep, frequent needs to call in parents at school and regular
trips to the hospital with no apparent medical cause, among others. This mental health problem
among children can have both short- and long-term adverse consequences on their social and
emotional development and requires prompt attention from parents, school staff and other relevant
professionals.
On the day of the complaint, minor W, who had accompanied her parents, reported to the OC that
her teacher hit her with a ruler when she did not know answers to questions during lessons. She
added that the teacher did not try to help her but instead made her sit at the back of the classroom
alone while telling her to return to her desk only when she would stop crying. The OC noted that the
minor displayed a lot of stress and was clingy to her parents.
The minor’s father informed the OC that he wanted to have his child transferred to another school
and would be going to the Zone Directorate to register his request. He added that, though he had
given consent for his daughter to be followed by an Educational Psychologist, nothing materialised
concretely yet. He was really worried about his child’s situation and about the negative impact of his
daughter’s absence on her studies. With respect to the minor’s rights to education, good health and
well-being, the OC opened an investigation.
Actions taken
1. The minor’s mother informed the OCO that officials from the Zone Directorate requested her to
fill out a transfer form and that they would do the necessary based on availability of a seat in
another school.
2. The minor’s father reported that his child was transferred to another school which is nearer to
his place of residence. However, the minor was still refusing to attend school. The OC advised
the father to make a request for the child to be followed by a School Psychologist at her new
school and to ask for the assistance of the school’s Headmaster concerning this issue. The OC
asked the father to contact the OCO if no solutions were provided at the school level. She
informed the father that she would also talk with the Headmaster concerning this situation.
3. The OC contacted minor W’s new Headmaster to discuss her difficulties and requested him to
help with the reintegration of the child at the school.
4. The OC also recommended the Headmaster to consider the child’s best interests and requested
that the minor W be offered psychological assistance at the earliest with the consent of the
parents.
5. The OC briefed the minor’s parents about the actions taken at her end and requested them to
keep her Office informed on any further development in their case.
Outcome
The actions taken proved to be effective. Through the request made by the OC, the Headmaster
assured that all necessary actions were taken for the well-being of minor W. The minor’s father was
contacted for a follow-up and he informed the OC that his daughter was currently attending her new
school and was faring very well.
CASE 13: Lack of water causing unhygienic conditions for children at a pre-primary
school
Background
Every child has the right to be provided with a safe and hygienic environment as this is essential to
their physical and psychological health and well-being. This is applicable to all environments where
children may find themselves such as home, school, playground and other community facilities. At
school, it is primordial that the school management maintain a good standard of cleanliness in
classrooms, sanitary facilities and the school yard, while ensuring the availability of all basic facilities
such as water supply and electricity.
The mother added that, due to the lack of water at school to wash their hands, the students are
unable to normally carry out their daily routine. She also told the OC about the fact that parents were
being asked to provide bottles of water to their children in order to wash their hands. The
complainant stated that the situation had been going on for 5 months and she was greatly concerned
about the students’ health and well-being. She requested for appropriate measures to be taken as
soon as possible. The OC opened an investigation with respect to children’s right to basic needs and
good hygiene at this pre-primary school.
Actions taken
1. The OC contacted the Deputy Headmaster of the school to discuss about the situation. The latter
stated that this was indeed a major issue in the pre-primary section. The OC expressed her
concern regarding the health risks to children and urged that this issue needed to be addressed
immediately by the concerned authorities.
2. The Deputy Headmaster informed the OC that she had previously written to the Early Childhood
Care and Education Authority (ECCEA) about this issue and that a request had been made to
obtain a water tank. She added that the water tank was delivered to the school recently and that
she would be following up on the daily availability of water to the students.
3. The OC also contacted an officer from the ECCEA about this issue. She was informed that the
water tank had indeed been delivered at the school and that the CWA would be contacted to
ensure that the pre-primary section was able to benefit from water facilities as soon as possible.
4. The OC updated the complainant about the situation and requested her to contact her Office on
any progress in her case.
Outcome
An Officer of the ECCEA reported to the OC during a follow-up call that the water issue was resolved.
This was also confirmed by the Deputy Headmaster of the school. The complainant was updated on
the situation by the OCO.
Actions taken
1. The OC contacted the Headmaster of minor X’s school to gather more information regarding this
case. According to the Headmaster, the classmate is difficult to manage during classes and
displays challenging behaviours at school. The Headmaster also stated that the classmate is
followed by a private psychologist and, according to his parents, the child did not present with
any issue.
2. The Headmaster however informed the OC that, even though the classmate had indiscipline
issues, the latter is an intelligent child.
3. The OC conducted a visit at the school to enquire more on the case with the Headmaster and
the class teacher.
4. Furthermore, the OC contacted the classmate’s mother, who stated that her son’s behaviour
has greatly improved at school. She informed the OC that the child was currently being followed
by a neuropsychiatrist. She also added that the case has also been referred to the Child
Development Unit (CDU) and that the matter was resolved.
5. The OC briefed minor X’s mother about the case and requested to be kept informed on any
development concerning this issue.
Outcome
The OC contacted the complainant for a follow-up about minor X. The measures proposed by the OC
proved to be effective as the complainant stated that the classmate’s attitude had improved and that
he was currently behaving quite well with her daughter at school.
Actions taken
1. The OC took immediate actions and proceeded to contact an officer from the Tardy Declaration
Section of the Child Development Unit to enquire about the matter. The latter stated that she
already initiated contact with an officer of the prison where the biological mother was held. The
latter reported that the procedures might take some time as the case of tardy declaration
currently lodged in court. She added that the case may take around 6 to 7 months.
2. The OC wrote a letter to the Ministry of Gender Equality, Child Development and Family Welfare
to inform them about the issue pertaining to minor Y and to refer the case for urgent actions to
be taken while keeping in mind the minor’s best interests. The OC requested for a follow-up
report from the Ministry after appropriate measures were taken.
3. Additionally, the OC spoke to another officer from the Tardy Declaration Section about the case,
while emphasising on the child’s right to an identity. The Officer explained to the OC that the
matter is still in process in Court and it had been difficult to trace the location of the mother
when she was out of prison. The Officer assured the OC that the child would get his identity in
about 3 to 4 months.
4. The OC contacted the foster father to inform him on the latest updates regarding minor Y and
reassured him that all necessary measures had been taken and were in progress.
Outcome
The Permanent Secretary of the Ministry wrote a letter to inform the OC that an application for tardy
declaration of birth had been made by the minor Y’s biological mother at the District Court of her
region confirming the child’s name. She also apprised the OC that the case had been referred to the
State Law Office for advice on the matter. The minor’s foster father was also informed of the outcome
by the OC.
According to the complainant, this situation went on for a few months until minor Z refused to attend
school on days where he had classes with the educator and he even talked about abandoning the
Oriental Language subject. The mother explained that minor Z was no longer able to grasp anything
being taught to him within that subject, mostly due to the educator’s irritation towards the child for
not taking private tuition with him. As a result, his marks in other subjects also started getting
affected.
The parents previously asked for the rector’s intervention into this matter, but the situation remained
unresolved. Other educators also observed that minor Z’s participation and performance on other
subjects were lowering. The parents were having to take their child away from school during the
Oriental Language classes and bring him back for his other classes. The minor’s parents were really
worried about their child’s well-being and studies and requested the OC to help them in coming up
with a solution.
Actions taken
1. The OC phoned minor Z’s mother to enquire further into the issue. The latter stated that her son
was feeling dejected and she would prefer if her son could be taught the Oriental Language
subject from a different educator.
2. The OC contacted the Deputy Rector to learn more about the situation. The Deputy Rector
reported that she would provide for an Educational Psychologist to assist the minor. However,
she stated that it would not be possible to allocate another educator to the student. She further
reported that she had already spoken to the concerned educator regarding this issue. The OC
emphasized on the risks to the child’s well-being and requested the school to make decisions
while keeping in mind the best interests of minor Z.
3. The complainant was updated on the OC’s conversation with the Deputy Rector and was
requested to inform the OCO on any development regarding her case.
Outcome
The OC called the Deputy Rector for a feedback concerning the case and was informed that the
Oriental Language educator had been transferred to another school. The Deputy Rector added that
minor Z would be followed by a psychologist and that things were presently under control. Minor Z’s
mother phoned the OC to inform her that her intervention for protecting the rights to education and
well-being of her son was successful. The child is now performing well in his Oriental Language class.
Actions taken
Based on the available information, the OC addressed a letter to the Senior Chief Executive of the
Ministry of Gender Equality and Family Welfare (MGEFW) to be apprised of the reason why the late
child had not been removed from such an abusive environment by the CDU, despite previous reports
of child maltreatment.
Outcome
The OCO is awaiting reply from the MGEFW.
CASE 18: The impact of parental separation on minor Q’s well-being and right to have
contact with both parents
Nature of the complaint
The mother of a 4-year-old boy, minor Q, made a complaint at the OCO during the confinement
period. She explained that she was divorced from her son’s father since 2019 and the child was placed
in her care. The mother asserted that the father of minor Q had secured the right to visit his son every
Saturday, but the latter had not been exercising this right. She informed the OC that this situation
was causing great distress to her son as he had not seen his father for a long period of time. She knew
that regular father-son contact was important for minor Q’s growth and well-being. She requested
the OC for a mediation with the father so that they can sort out any issue and reach a mutual
understanding in the best interests of their son. The OC opened an investigation as the child’s welfare
as well as his right to maintain direct contact with both parents were likely to be affected.
Actions taken
1. The OC sent a letter to the minor Q’s father convening him for a mediation meeting at the office
as part of the investigation process. The complainant was also called for this meeting. Both
parents confirmed their presence for this mediation.
2. A lawyer representing the minor’s father phoned the office and asked if it was possible to
reschedule the meeting as he would be unable to attend on that specific date. The OC informed
the lawyer about the role of the OCO and asserted that this was an out-of-court settlement and
that his client is not required to be accompanied by a lawyer. The father’s lawyer affirmed that
his client insisted on being accompanied by him because of a previous case of harassment by the
complainant. The OC requested that the father phoned the office to agree on a new date.
3. The minor’s father contacted the OC on the same day to enquire more about the complaint
against him. The OC informed him on the role of the OCO and the OC’s duty to investigate on
any complaint made to her. She reiterated that the mediation meeting is an out-of-court
settlement. The father was told that the complaint regarded his alleged non-respect of the
Court’s Order to visit his son regularly. The father reported to the OC that he had previously been
harassed by the complainant and had even lodged a case of assault against her. He also stated
that, since the divorce, whenever he visited minor Q, the mother filed several complaints against
him. He added that, at times, his son was not even at the house on his visiting days. The father
further alleged that the complainant insulted his parents and prohibited them to see their
grandson. He informed the OC that it was always minor Q’s mother who decided when he was
allowed to meet their son.
4. The OC assured the father that his son has the right to have quality contact with both parents.
Irrespective of any decision he took, his son’s best interests should be considered primarily. The
father was in fact well aware of this right and duty and informed the OC that he would lodge a
case before Court to settle these issues.
Outcome
The OC contacted the complainant to provide her with an update. The mother reported that she was
also planning to lodge a case for contempt of court against the minor’s father. Since both parents
had already made up their mind to resort to the Court, the OCO could no longer pursue this
investigation.
CASE 19: Corporal punishment inflicted upon a girl at her home during the lockdown
period
Nature of the complaint
The Ombudsperson for Children (OC) was apprised by the media of a case of physical abuse against
a 6-year-old girl during the lockdown period. According to the media agency, the neighbour had sent
them a message to inform them that the minor who lived next door was being beaten every day by
the mother as she could hear the child’s screams and cries. The neighbour further stated that the
child’s parents are divorced and that the child was in the mother’s care. She added that she witnessed
the child being forced to remain in dirty underclothes. She could no longer bear to see this child’s
suffering and was requesting for prompt actions be taken to save the minor from such a violent
environment. The OC opened an investigation because the child’s health, security and well-being
were at stake.
Actions taken
1. The OC firstly contacted the Child Development Unit (CDU) to apprise them of this issue. The
Officer-in-Charge informed the OC that she was aware of this case and had already initiated
actions to help the child.
2. Furthermore, the OC contacted the police station of the minor’s region regarding this case. The
latter assured the OC that they would lend their full support to the CDU whenever they would
seek their assistance in the case.
3. Finally, the OC addressed a letter to the Senior Chief Executive (SCE) of the Ministry of Gender
Equality and Family Welfare to inform her about the case of the alleged use of corporal
punishment on the minor by the mother. The OC stated that she had already reported the case
to the CDU and would appreciate if a report on actions taken could be sent to her Office.
Outcome
The SCE contacted the OC to confirm that the case was being dealt by the CDU and that they would
provide feedback on the outcome of this case to the OC.
CASE 20: Children found with no fixed abode during the confinement period
Nature of the complaint
A complainant spoke on a local radio station regarding a 16-year-old boy whom he saw eating from
a trash bag near his residence. He spoke with the minor and the latter claimed that he was living
under a bridge along with his three siblings, also minors, and that his father was currently serving a
sentence in prison. The complainant was worried about the children’s safety and health. Journalists
from the radio station referred the case to the Ombudsperson for Children’s Office (OCO). The
Ombudsperson for Children (OC) started an investigation with respect to the children’s right to
shelter, food and a safe environment.
Actions taken
1. The OC contacted an officer from the CDU about this situation and requested for the matter to
be further investigated. The CDU officer informed the OC that the Brigade pour la Protection
des Mineurs (BPM) had carried out a field visit to the reported area. However, no child was
found there.
2. The OC phoned the complainant to update him on the case. The latter stated that the BPM
suspected that the minors involved were from a particular family, but they are still looking into
the matter.
3. The complainant told the OC that he would relay to the BPM and the CDU any information he
received regarding the minor. He also requested to be kept informed on any development in
the case.
4. The OC contacted an officer from the BPM to learn more about the case progress. The latter
stated that the BPM effected several visits to the targeted area at different times, but no trace
of any child living under the bridge was found. The officer said that he would update the OC
when any new information is received on this case.
Outcome
The OC updated the complainant on the measures taken so far by the OCO and that the BPM was
appropriately following up on this situation.
CASE 21: Father deprived of having contact with his child following separation from
his wife during the confinement period
Nature of the complaint
The OCO received a complaint from a father, Mr. R, during the confinement period. The latter had
previously complained to the OCO at the end of 2019 about his children’s mother not allowing him
to meet them. The OC had advised him to obtain the contact number of his wife so that a mediation
could be carried out. However, Mr. R later called the office to inform that he was now able to meet
his children.
During confinement, Mr. R contacted the OCO again. He informed the OC that his wife was
prohibiting him from having contact with his son. He sadly explained that his daughter passed away
in a tragic accident and was alerted by a neighbour. He said that he felt completely isolated during
the funeral. When asked about any pending cases before Court, he assured that he previously had a
‘Breach of Protection Order’ case in court which had been written off last year.
The complainant added that he is not entitled to legal aid and, as the custody of the child has not
been contended before the Court, he would like the OC to convene the mother for an explanation
about meeting his child. The father further alleged that his wife is a violent woman and that he had
to leave the conjugal house which legally belongs to him. However, he assured that the mother was
not violent with his son. Additionally, he informed the OC that the Child Development Unit (CDU) has
not supported his request for help regarding his child. An investigation was opened with respect to
the child’s well-being and his right of not being alienated from his father.
Actions taken
1. The OC phoned the minor’s mother to learn more about the issue. She stated that she never
forbade her husband from meeting the children but had in fact always encouraged her children
to meet their father. She informed the OC that she is financially being supported by her parents.
She is grieving for the death of her daughter but stated that, as soon as the confinement is lifted,
the complainant could meet with their son.
2. The OC contacted Mr. R, but since he was not reachable, she relayed the mother’s feedback
through his sister. Later, Mr. R called the OCO for an update on the case. He was grateful as the
OC assured him that she had already contacted the child’s mother and that she was willing to
allow him to meet his son. The OC encouraged him to contact the OCO if there was any other
issue.
3. After the confinement period, the minor’s mother attended a meeting at the OCO. She stated
that the complainant was a liar and that she never forbade him from meeting their son. She even
invited the father to meet their son after the lockdown restrictions were lifted, but he did not
come. The mother informed the OC that she was separated from the father since the last two
years and had been staying with her parents since the death of her daughter this year. She
affirmed that the police as well as the child’s father were informed of the change of address.
Furthermore, the mother stated that the complainant often sends her bills to be paid and that
their marital house belonged to both. She added that she has previously sought a protection
order from the father who in turn did the same against her. She also told the OC that the father
would be seeking legal help in this case.
4. The OC advised the minor’s mother that it would be better if the case for custody was lodged
before the Court in order to address the matter.
5. The OC contacted a CDU officer who reported that both parents are in a conflictual relationship
and have been advised to settle the case of custody in Court. The officer added that the minor
appeared to be torn apart between the two parents owing to this situation.
6. As the minor’s father’s phone was not accessible again, the OC passed him updates on the case
through his sister and advised that the case for custody be settled in court in the child’s best
interests.
Outcome
The minor’s father confirmed to the OC that he would seek a lawyer and enter a case of custody in
Court.
CASE 22: Mother’s request for a job transfer for her twin babies’ safety and well-
being
Nature of the complaint
The OC received a complaint from the mother of one-year-old twins who had been working at a
secondary school for almost ten years and had just recently received a school transfer letter.
Regarding this transfer, she stated that her main challenges were that that she would be posted three
days in one school and two days in a different one. She asserted that her husband is also an educator
and that the situation is making it hard for her to take care of her twin babies, in particularly dropping
them at their nursery which is located far from her new job posting. She informed the OC that the
nursery only opens at 7.45 am on weekdays. She was unable to accompany the twins to the nursery
at this time owing to the long distance over which she must travel to reach her place of work on time.
As a result, the twin babies were being driven to the nursery by their father with no one to attend to
them on the way. She reported that this situation was a hazard to the babies’ health as any mishap
could happen on the road with no adult supervision such as the babies choking, vomiting, playing
with the windowpane as well as babies putting small items into their mouths or nostrils and
suffocating. She added that it would also be unprofessional for her to be late to her workplace daily
due to travelling over the long distance to the nursery. She emphasised that it is imperative for her
to accompany her two babies on the way to the nursery for their own safety as her husband obviously
cannot take care of them while driving. Furthermore, the twins’ mother informed the OC that she
was told by the rector of her new school that she might get a full time posting soon as one of the
teachers was supposed to get a transfer. However, the teacher was not transferred.
Moreover, the complainant requested to have a full time posting at a nearer school which would
solve her babies’ nursery issue. She stated that she had been to the Ministry of Education, Tertiary
Education, Science and Technology (METEST) with her request several times and, though an officer
there tried his best to help her, no positive outcome had been achieved yet. The twins’ mother
requested the OC to help her find a solution to her difficult situation. The OC opened an investigation
with respect to the children’s best interests and right to good health.
Actions taken
1. The OC addressed a letter to the METEST in connection to the issue. She stated that the recent
transfer of the twins’ mother to two different schools far from her children’s nursery is proving
to be a major issue for her. The babies require constant attention and, if she had to reach work
on time, she would not be able to attend to them during their daily travel to the nursery.
Additionally, the lateness was being deducted from her casual leaves.
2. In the best interests of the two infants, the OC requested the METEST to consider the transfer
of the mother to a secondary school nearer to the nursery so that she may drop them before
attending duty and subsequently be on time at work.
Outcome
After the confinement, the OC received a response from the METEST that the demand for a transfer
was put on hold during the confinement period and that they were looking into the request. The OC
notified the complainant accordingly. The mother later contacted the OCO to inquire whether it had
received any update from the METEST because there were a few teachers who had been transferred
recently. The OC sent a second letter to the METEST in this regard and a reply is awaited.
CASE 23: Minor T displaying behavioural issues in the care of his grandfather
following parental separation
Nature of the complaint
The OC received a complaint from the grandfather of an 11-year-old boy, minor T, who has been
under his care for the previous 10½ years since his parents’ separation. His main issue was the
uncontrollable attitude of his grandson at home. The minor often threatened members of the family,
beat them and demonstrated an aggressive behaviour. The complainant informed the OC that,
though his grandson was being counselled by psychologists from the Ministry of Gender Equality and
Family Welfare (MGEFW) and the Ministry of Education, Tertiary Education, Science and Technology
(METEST), minor T’s behaviours remained unchanged. The grandfather told the OC that he also had
financial constraints in minor T’s care as the child’s parents are not entitled to social aid. His own
health was also deteriorating and he was blind since the last five years due to diabetes. He requested
the OC to help him as he was concerned about the impact that his grandson’s behaviours on both his
school and family life.
Actions taken
1. The OC advised the grandfather to solicit the help of the Brigade pour la Protection des Mineurs
(BPM) and provided him with the contact information. The OC requested him to inform the
OCO of any updates.
2. The complainant contacted the OC on the same day and stated that he succeeded in obtaining
a meeting on the following day for his grandson with the BPM.
3. The OC phoned the complainant on the next day to learn about the progress made regarding
his case. He stated that he went to the BPM accompanied by his grandson where the latter was
counselled for nearly one hour by an officer. The grandfather reported that the BPM officer
informed him that the main issue with the child was the fact that he is abandoned by his
parents and that he is being bullied as a result of this at school. The complainant stated that
he noticed a slight improvement in the situation at home after this intervention.
4. The OC advised the grandfather to apply for social aid at the Ministry of Social Integration,
Social Security and National Solidarity, which could enable him to financially support his
grandson.
Outcome
The complainant assured the OC that he will try to act upon her advice and informed her that he was
very satisfied with the intervention of the BPM as he has noticed a slight improvement in his
grandson’s behaviour. The OC invited him to contact the OCO once school resumes so that a follow-
up can be done with minor T in his school environment to deal with the bullying issue.
The complainant reported that the minor stole whatever he could find in his aunt’s house and
rummaged in her purses and cupboards to steal. He was aware that the minor lives near his aunt’s
residence and has even made duplicates of his aunt’s house keys before being forced by the police
to hand over the original keys. As a result, the minor was able to continue breaking into his aunt’s
house several times when the latter was not at home. The complainant stated that, although his aunt
changed her house locks, the minor was able to get the new keys again during another break-in.
Despite the intervention of the police, this did not deter the minor from committing more thefts at
his aunt’s house and, at times, even in front of his aunt’s cook. In addition, the minor’s acts of
vandalism increased and included instances where he stole the car keys, threw rubbish around his
aunt’s house or even defecated on the floor. The complainant also emphasised that even the police
was at a loss about what to do regarding the minor as he was not discouraged by their arrests nor by
any complaints against him. The police advised the complainant to talk firmly to both the minor and
his parents informing them that his aunt was in close contact with her relatives in case they
considered her to be completely alone.
Furthermore, the complainant described several other incidents where the minor again broke into
his aunt’s house to steal her SIM card. On not receiving news from his aunt for a period of time, the
complainant visited her house and caught the minor red-handed stealing in the house. He confronted
the latter and afterwards went to lodge a complaint at the police station, but he did not hear anything
back. The complainant was in complete dismay as he affirmed that the law always considers
mitigating circumstances so as not to condemn the minor and he was worried that his aunt might
never be able to live without the fear of being robbed. He requested the OC’s help in this matter as
he was unable to understand why any concrete actions had not been taken against the minor so far.
Actions taken
1. The OC contacted the complainant to learn more about the issue. He stated that the police
arrested the minor several times, but the latter was always released afterwards. He claimed
that the minor was aware of his aunt’s daily routine and came to her house whenever he
wanted. He also stated that he was concerned about his aunt’s security especially during the
confinement. He added that he was aware that the minor may be in a vulnerable situation and
may be neglected by his parents, but he would like the issue to be resolved as soon as possible.
2. The OC spoke to a Sergeant from the Brigade pour la Protection des Mineurs (BPM) and
referred the case to them after informing them about the situation. The officer assured that
he would contact the complainant and visit his aunt to further investigate the matter.
3. An officer from the BPM contacted the OCO to give a feedback regarding the case. He informed
the OC that they were still looking for the minor.
4. Some days later, the Sergeant from the BPM phoned the OC and reported that they were able
to find the minor and counsel him in the presence of his mother, and that the counselling
session seemed to have gone well.
Outcome
The OC contacted the complainant for a follow-up of the case. The latter informed the OC that the
BDM was able to get hold of 15 keys which the minor had stolen from his aunt’s house. He added
that the minor has not gone back to his aunt’s place after being counselled by the BPM.
CASE 25: A family conflict and a mother’s right to visit her child following separation
from the father
Nature of the complaint
A complaint was received during the confinement period by the mother of a 2-year-old boy.
According to her, she had been granted the ‘Immediate Care and Control’ order for her son by the
Supreme Court of Mauritius. She stated that her husband was resisting to give the child back to her.
The mother affirmed that, some days ago, she spotted her child roaming around with his father and,
when she addressed him about the Supreme Court’s Order, the latter denied the fact and made
excuses to keep the child.
The complainant expressed her fear to the OC about her child’s life and security as she also claimed
that the father is a drug addict and an irresponsible person who did not consistently attend to her
son’s needs. She stated that she strongly believed that her child’s health also was at risk because he
had missed his vaccination appointments. She added that she sought help from the police several
times as well as the Child Development Unit (CDU), but she observed that no action had been taken
yet. She emailed the Ombudsperson for Children for assistance during this difficult curfew period. An
investigation was opened by the OCO with respect to the child’s rights to health, well-being and
safety.
Actions taken
1. The OC contacted her for further details. The minor’s mother stated that the police assisted
her thrice, but her husband’s family members reported that he was away with their child.
However, the complainant stated that she was convinced that her husband had returned to his
residence with her child.
2. Since the ‘Immediate Care and Control’ order was still valid, the OC contacted the police and
spoke with an officer about the case. The officer informed the OC that that they would receive
the minor’s mother at the police station and would provide her with assistance so that she
could get her son back.
3. The OC contacted the minor’s mother to inform her about the police’s response and requested
her to give her updates on her situation.
4. After the confinement period, the OC sent a letter to the Commissioner of Police and to the
Brigade pour la Protection des Mineurs to formally refer this case to them and requested to be
informed of its outcome.
Outcome
The OC contacted the complainant after the lockdown period for a follow-up. The latter stated that
she did not go to the police station but had contacted her attorney about the situation. She reported
that she was advised by the attorney to enter a case in Court. The OC reminded the minor’s mother
that, as per the Ombudsperson for Children Act 2003, once a case is lodged before Court, the OC
cannot intervene in the matter. The minor’s mother understood this information and accepted for
her case to be closed at the OCO’s end.
However, some people watching his videos had started to make fun of the minor, abusing him
through derogatory comments and even asking him to do things like dancing amongst others. The
complainant was concerned about the fact that the child is very young and vulnerable and hence
could be a potential target for sexual predators online. She also reported that people were sharing
and editing the child’s pictures and videos to create humoristic graphics of the child.
Additionally, the complainant informed the OC that she at times saw the minor’s mother use his
social network profile to do live videos where she sang, danced, screamed or talked about absurd
things. As a result, there were many inappropriate comments directed to both the mother and son
on the live videos. The complainant stated that the mother seemed to be disturbed and that, during
one of her live videos, she informed people that her husband recently passed away. The child’s
mother also regularly filmed her youngest son in her videos and the complainant was worried about
both boys’ well-being. She requested the OC to identify the two children so that it could be assessed
whether they were in need of assistance from authorities.
Actions taken
1. The OC requested the police to inquire into this matter and take appropriate actions where
necessary.
2. The OC also referred the case to the Cybercrime Unit and informed them about the minor being
at risk of abuse.
3. After confinement, the OC addressed a letter to the Commissioner of Police and requested to
be updated on the progress and outcome of the actions taken at their end regarding this
matter.
Outcome
The police submitted a report to the OC explaining that they could not access the minor’s profile as
it seemed to have been removed from the social networking site.
CHAPTER 8
Showcase of Some Good
Local and International
Practices in Implementing
the Rights of Children
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8.1. Introduction
The Convention on the Rights of the Child (CRC; United Nations [UN], 1989)99 is the most widely ratified
human rights treaty globally. However, its implementation varies across political systems used by State
parties. For instance, the Republic of Mauritius ratified the UNCRC in 1990 and, since it has a dualist
legal system, this international treaty does not automatically enter into force within our local law. First,
the UNCRC has to be enacted through Mauritian legislation in Parliament so that its provisions can be
enforced locally.
Since the adoption of the UNCRC, the Committee on the Rights of the Child100 regularly produces
thematic guidelines, known as ‘general comments’, to facilitate child rights implementation among
State parties. Based on the periodic reports submitted by State parties on the progress made regarding
the promotion and fulfilment of children’s rights, the Committee also informs them of their concerns
and recommendations in the form of ‘concluding observations’. In the spirit of furthering the children’s
agenda, many countries have demonstrated creativity and innovation in coming up with child rights-
friendly practices that promote the well-being and empowerment of children.
The current chapter illustrates some of these international and local good practices that can serve as
potential references when formulating policies and measures related to children’s rights. All the local
organisations portrayed in section 8.3 of the present chapter have been visited by the Ombudsperson
for Children and her team.
99
United Nations (1989). Convention on the Rights of the Child. Geneva: Author.
100
The Committee is a body of 18 Independent experts that monitors implementation of the Convention on the Rights of
the Child by its State parties. Source: Office of the High Commissioner on Human Rights (2020). Committee on the Rights of
the Child: Monitoring children’s rights. Retrieved on 05 August 2020 from www.ohchr.org/EN/
HRBodies/CRC/Pages/CRCIntro.aspx
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With a view to improve the prenatal and postnatal health of babies and the well-being of their mothers
in the United States (US), the country launched for the first time in 2010 a national project for pregnant
women and new mothers called ‘Text4baby’101. It uses a free text messaging service to provide advice
on maternal and child health to these women through three text messages weekly. ‘Text4baby’ was
developed out of a fruitful public-private partnership which included the US Centers for Disease Control
and Prevention (CDC); the Voxviva Inc, a private mobile health company; and the National Healthy
Mothers, Healthy Babies Coalition, a group of 100 civil society organisations across the US working in
the field of maternal and children’s health care education.
The content of the programme was prepared by all the partners based on their backgrounds in relation
to the maternal and child health (Whittaker et al., 2012)102. For instance,
• Informal group discussions with women at six community health centres allowed the Healthy
Mothers, Healthy Babies Coalition to understand their preferences on topics that mattered to
them.
101
More information on Text4baby can be accessed on its website (www.text4baby.org).
102
Whittaker, R., Matoff-Stepp, S., Meehan, J., Kendrick, J., Jordan, E., Stange, P., et al. (2012). Text4baby: Development and
implementation of a national text messaging health information service. American Journal of Public Health, 102(12), 2207-
2213.
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The messages sent to subscribers were categorised into prenatal and postnatal as follows:
• Prenatal: usual symptoms during pregnancy, when and how to access health care, emotional
support for pregnant women, safety, nutrition, smoking, alcohol and drugs, infectious diseases,
labour and delivery; and
• Postnatal: care for the baby, safety, breastfeeding, nutrition and immunisations, among others.
Each of these messages includes toll-free numbers that can be used by the pregnant women and new
mothers to access maternal and child health services within their local areas.
This text messaging project has proved to be particular effective (Whittaker et al., 2012) because it used
the mobile phone as a means of communication that was accessible and at the fingertips of the women.
With technological advancement, this service has been made available on social network platforms and
also turned into a free application for smartphones. Videos are also uploaded regularly on video hosting
platforms such as YouTube to improve the educational experience of the women.
The success of trauma-informed child welfare systems to treat child traumatic stress has been
documented in many scientific publications (e.g. Klain & White, 2013)103. These systems are structured
in such a way to provide an understanding of the causes and effects of traumatic experiences as well
as practices aiming at supporting recovery. The trauma-informed practices include educating
stakeholders engaged with children and family and providing resources for trauma-specific
interventions. These interventions not only treat the symptoms of trauma but also focus on the
interplay between trauma and its consequences. This approach provides children a sense of control and
hope. It requires the involvement of all stakeholders including caseworkers, lawyers, judges and
parents.
103
Klain, E. J. and White, A. R. (2013). Implementing trauma-informed practices in child welfare. United States: State Policy
and Advocacy Reform Center.
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The Stark County Family Court (SCFC)104 in Ohio is a nationally recognised model of a trauma-informed
family and juvenile court in the United States (Howard & Tener, 2008)105. Led by Judge Michael Howard,
a proactive collaboration between the Court system and the local mental health system was
established. National experts were hired to educate the Court, child-serving and mental-health
personnel on child trauma and to build capacity for trauma-specific services for children. The Stark
County Traumatised Child Task Force (SCTCTF) was set up to determine a plan for screening, assessing
and providing identified children with the appropriate services. Judge Howard noted that in his capacity
as a Juvenile Court Judge, he could enjoy a unique ability to act as a community convener.
The SCFC promoted trauma-specific interventions for children and caregivers. Hence, whenever a
history of trauma is identified, the child and his caregivers would be referred for a thorough traumatic
stress evaluation. For youth involved with the juvenile court system, the court intervenes to support
trauma-focused treatment not only with potential delinquency cases but also with protection cases in
dependency court. Trauma-specific screenings are also offered by the Juvenile Court. Any Court
personnel suspecting trauma could refer the child for screening. The Court also changed its approach
in screening children. A new screening tool developed by Dartmouth college which incorporated a
depression scale and substance abuse screen was adopted by the Court.
In order to sustain trauma-informed approaches, Judge Howard and his fellow stakeholders of the
SCTCTF proposed that these should be institutionalised. A partnership with the National Child
Traumatic Stress Network (NCTSN) was subsequently established to institutionalise trauma awareness
in all regional systems that serve children and youth who may be traumatised. It included schools, local
Red Cross, Court personnel and Court volunteers, members of probation, child welfare and mental
health agencies. As a result of this partnership, tools were developed to sustain trauma-informed
practices. A toolkit was developed by the NCTSN, cross-system practices were established, and
stakeholders were provided training. Trauma-responsive approaches were integrated in the Ohio
Department of Education’s Positive Behaviour Intervention Programme. Furthermore, trauma
screening and treatment were institutionalised in the juvenile justice residential treatment program.
104
More information can be accessed on the website of the SCFC (www.starkcountyohio.gov/family-court).
105
Howard, M. L. and Tener, R. R. (2008). Children who have been traumatised: One Court’s response. Juvenile and Family
Court Journal, 59(4), 21-34.
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This project in Stark County is a model of how the convening power of the judiciary, through a Juvenile
Court Judge, can foster trauma-informed dependency and delinquency court in partnership with other
stakeholders. Successful collaborations across systems were developed and there were fruitful
exchanges among professionals of different disciplines in training events and cross-disciplinary
meetings. Nationwide, a national collaboration of the NCTSN, the National Council of Juvenile and
Family Court Judges, the American Bar Association, and the Office of Juvenile Justice and Delinquency
Prevention led to the publication of collaborative papers, fact sheets, webinars and trainings.
The Child Friendly Cities Initiative (CFCI) was launched in 1996 by United Nations Children's Fund
(UNICEF) with a view to support cities, municipalities and communities to realise the rights of children
at local level. The CFCI has been implemented in over 40 countries and in 3,500 municipalities.
According to the CFCI, a child-friendly city is a place where the rights of children, as spelled out in the
UNCRC, are respected and given due consideration. It is also a place where children have a say in the
development of their cities. It should operate in accordance with the four overarching principles of the
UNCRC and principles of good governance, as listed below:
106
For more information, the UNICEF’s website on Child Friendly Cities Initiative can be consulted (childfriendlycities.org).
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• Accountability and transparency: In order to have a child-friendly city, it is vital to identify who
is responsible for implementation so as to know who is accountable. The decision-making
process should be transparent.
The Child Friendly City ensures that every child and young person
• has the right to be valued, respected and treated fairly;
• is protected from exploitation, violence and abuse;
• has the right to participate, to be heard and to be involved in decision making process;
• gets access to quality social services;
• is able to live in a safe, secure and clean environment with access to green spaces;
• participates in family, cultural, city/community and social life; and
• meets friends and has places to play and enjoy themselves.
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One country which has implemented the CFCI is Belize, Latin America’s smallest country with a
population of 398,454 people (Worldometer, 2020)107. In 1990, Belize ratified the UNCRC and became
duty bound to implement the provisions of UNCRC. Regarding child participation in Belize, there were
no formal ways where children could participate in decision-making process. In order to remedy this
situation, the UNICEF Belize Country Office created the Sustainable and Child Friendly Municipalities
(SCFM) initiative as a way to put into practice the UNCRC and to prioritise child participation at
municipal level. The SCFM was launched in September 2014 and nine municipalities participated in this
project. The stakeholders involved in the SCFM were local authorities, civil society, experts,
communities and especially children and adolescents.
Prior to the launching, there were several consultations with stakeholders, mainly municipalities, to
reach a consensus on key priorities for the implementation of the initiative. Moreover, the nine
municipalities participated in a joint UNICEF-UNDP Rapid Assessment of Belize Local Governments’
Capacities to assess the strengths and weaknesses of the role of local government in delivering basic
services, designing and implementing local public policies, engaging citizens and promoting citizens’
participation. Based on the above, each municipality had to implement the SCFM approach by carrying
out the following steps:
▪ the establishment of a steering committee to ensure that the SCFM initiative and child
participation are being carried out;
▪ the creation of a Child Advisory Body (CAB);
▪ the development of draft municipal action plans to highlight the priorities to improve children’s
lives; and
▪ the appointment of a councillor who would act as rapporteur and whose main role was to
ensure that SCFM issues are discussed at council meetings.
107
Worldometer (2020). Belize Population. Retrieved on 10 August 2020 from www.worldometers.info/world-population/
belize-population/
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The municipalities were given a 3-year period to implement the initiative so that they could get a chance
to become accredited as “sustainable and child-friendly municipalities”. In order to get this
accreditation, one of the key criteria was to promote active child participation. Out of the above-
mentioned steps, the creation of the CAB was pivotal in ensuring the latter. The CAB of each
municipality included children from various organisations like student groups, NGOs, churches and
scout groups who are aged between 8 to 18 years. The CAB also comprised of children from vulnerable
categories like those from poor families and those with disabilities. The CAB created a platform whereby
children were able to discuss and review municipal plans, budgets and local issues that affect them. The
children participated through different communication platforms such as local talk shows, both on
television and radio, WhatsApp, focus group discussions and drawing exercises.
Since the launching of the SCFM, all initiatives, such as anti-bullying campaigns, End Violence against
Children campaign and the Communication for Development training on the Zika virus, were organised
and planned through SCFM. This ensured that there was child participation on all issues at local level.
Through the SCFM and the CAB, children were able to voice out their concerns and it was also a way to
hold national officials accountable. CAB members were trained on several issues like trauma recovery
methodology and they attended empowerment sessions on the theme “The Girl Child”. The CAB
provided children with the opportunity to be involved in decision-making process. For example, in one
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municipality, the children voiced out their concerns regarding the upgrade of a local park. They gave
their views and suggestions. When their suggestions were accepted, the children were given the chance
to assist in the redesign of the park. All municipalities involved in the SCFM initiative were accredited
as “sustainable and child friendly cities”. It was found that the accreditation framework, acted as an
incentive for municipalities to participate in the initiative and promote child participation.
The infrastructure of a school plays an important role on the lives of children because school is where
a child spends a significant part of his/her life. It is therefore crucial that the school infrastructure is
child-friendly. Fuji Kindergarten is a remarkable example of a child-friendly school environment. It was
designed in 2007 by architect Takaharu Tezuka. It is located in the Tachikawa suburb of Tokyo, Japan.
In 2017, the Tokyo-based company of Tezuka Architects was awarded the Moriyama RAIC International
Prize for the creation of this kindergarten. The RAIC, which stands for Royal Architectural Institute of
Canada, awards this prize every two years for works of architecture which are “judged to be
transformative within its societal context and promotes the values of social justice, equality, and
inclusiveness.” (Lynch, 2017)108.
Tezuka kept the child and his/her natural instinct at the heart of the design, which is interestingly in line
with articles 3 and 12 of the UNCRC with regards to considering the children’s best interests and their
right to express their views freely on all matters concerning them respectively. Tezuka Architects had
the vision of children who evolve in open environments filled with background noise and who do not
exclude anything or anyone. Their motto was inspired by the fact that “when the boundary disappears,
the constraints disappear” (Lynch, 2017).
108
Lynch, P. (2017). Tezuka Architects' Fuji Kindergarten Wins 2017 Moriyama RAIC International Prize. Retrieved 10 August
2020 from www.archdaily.com/880027/tezuka-architects-fuji-kindergarten-wins-2017-moriyama-raic-international-prize.
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Photos courtesy of Tezuka Architects. Photo of the “Ring Around the Tree” building by Katsuhisa Kida/FOTOTECA
As shown in the picture above, the Fuji Kindergarten is a child-friendly oval-shaped school which
accommodates 600 children aged between two and six. Its roof has been set up as an endless play track,
where children can run around freely, and trees grow right through classrooms. In the middle of the
oval-shaped school, there is a playground. There are slides from the roof where children can get access
to the playground. Sliding glazed doors which lined the interior of the school are most of the time open
so that there is no barrier between the indoors and the outdoors. There are safety nets around the
trees which grow through the classrooms, so that children can climb and play. The architecture of the
school has been planned out in such a way that through play, children are encouraged to socialise as
well as to be independent.
Moreover, the classrooms are open and there are no dividing walls. They are separated by boxes which
are made of wood and which are also used as shelves for children to stack their things. The classrooms
are designed in such a way that children do not have to sit still and silent for long periods of time. These
designs provide a conducive environment where children are able to learn and focus without
boundaries. Through its impressive architecture, the Fuji Kindergarten also contributes to article 29 of
the UNCRC by ensuring a holistic and global education of its children, through its impressive
architecture.
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8.3.1.1. Background
The upward trend in drug abuse among young people in the Republic of Mauritius is becoming a
growing concern for families and the society at large. Factors such as peer pressure and dysfunctional
families can make adolescents more vulnerable to drug use, which is evidenced to have adverse long-
term effects on their physical, psychological and social development. The Convention on the Rights of
the Child (United Nations [UN], 1989)109 makes it clear that:
States parties recognize the right of the child to the enjoyment of the highest attainable
standard of health and to facilities for the treatment of illness and rehabilitation of health. State
Parties shall strive to ensure that no child is deprived of his or her right of access to such health
care services. (Ibid., art.24, para.1)
States Parties shall take all appropriate measures, including legislative, administrative, social and
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic
substances as defined in the relevant international treaties, and to prevent the use of children in
the illicit production and trafficking of such substances. (Ibid., art.33)
Achieving the highest attainable standard of health for our children is a multi-stakeholder effort, a
notion that is supported by the Committee on the Rights of the Child (UN, 2013, para.23)110 as follows:
The notion of “the highest attainable standard of health” takes into account both the child’s
biological, social, cultural and economic preconditions and the State’s available resources,
109
United Nations (1989). Convention on the Rights of the Child. Geneva: Author.
110
Committee on the Right of the Child (2013). General comment No. 15 (2013) on the right of the child to the enjoyment of
the highest attainable standard of health (art. 24). Geneva: UN. Retrieved on 10 August 2020 from www.refworld.org/
docid/51ef9e134.html.
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A local example of a partnership initiative between the Government and eight NGOs in the
detoxification and rehabilitation of young drug addicts under the age of 18 is the Nénuphar Centre.
Nested in the quiet and serene village of Long Mountain, this first of its kind project is a residential
health care facility that provides counselling services as well as psychological and social support to the
young people. It has been opened for admission since 20 August 2018 and was inaugurated at the Long
Mountain Hospital on 5 October 2018. The Nénuphar Centre has an attractive colonial architecture and
rustic interior decoration that provide a conducive atmosphere for rehabilitation. The personnel consist
of dedicated health professionals who foster a non-judgmental and positive attitude to the young
people’s treatment. As at date, there has been more than 150 admissions to the centre.
• 2 Psychiatrists;
• 1 Medical Officer;
• 1 Charge Nurse;
• 5 Nursing Officers;
• 1 Social Worker/Programme officer;
• 2 Health Care Assistants;
• 3 Clinical Psychologists, covering 6 half-day sessions per week; and
• Support staff from 4 NGOs on different days of the week.
The treatment consists of a blend of pharmacological and psychological therapies combined with
alternative therapies offering a holistic approach to treatment. The psychological therapies include
motivational interviewing; cognitive behaviour therapy; behaviour modification; coping strategies;
anxiety management; anger management; yoga, meditation and mindfulness sessions; psychodynamic
therapy; general knowledge classes; metaphors in therapy; play therapy, role playing and psychodrama;
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music therapy; art therapy; and family therapy and education. Family therapy is usually conducted on
Wednesdays and involves participation of family members who are taught how to relate with the
patient. They are also informed on how to recognise symptoms indicative of relapse from an early stage.
This can help them contact the MDT promptly so that timely interventions can be made. Therapies are
conducted both on individual and group bases and are tailored to the individual patient’s needs.
“The ideal time to treat such addiction is during adolescence - a time when
the brain of the adolescent experiences neuroplasticity. Neuroplasticity,
also known as brain plasticity and brain malleability, is the capacity of the
brain to change and adapt during an individual’s life. This period in fact
affords a window of opportunity to give the individual a second chance to
get back to a normal life.”
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Other activities carried out at the Nénuphar Centre are the “Journal Club” as well as indoor and outdoor
activities as outlined below:
• The “Journal Club”: Youngsters review daily newspapers every morning and give their critical
opinion on different subjects that make the media headlines in a group setting.
• Indoor recreational activities: These include games like carrom, domino, Scrabble, Monopoly,
playing cards and chess. There is also a treadmill and a gym bicycle for indoor exercise.
• Outdoor recreational activities: Examples are football, table tennis and gardening sessions
among others.
Upon discharge, patients are initially followed up in an outpatient setting at the centre, and eventually
in the addictology unit nearest to their place of residence.
8.3.2.1. Background
All children including those with disabilities have a fundamental right to quality education as enshrined
by articles 28 and 29 of the UNCRC and shall enjoy this right without any discrimination and on the basis
of equal opportunity. Through regular visits to mainstream and special schools, the Ombudsperson for
Children and her team monitor whether the rights of children with disabilities are being respected by
all concerned stakeholders. As children with disabilities are very different from one another, parents,
teachers and other relevant professionals have to help each individual child to develop their
communication, interaction and problem-solving skills in ways that maximise their potential, and to
sustain their progress by providing the necessary support.
In the Republic of Mauritius, several NGOs operate special education services for children with physical,
sensory and/or mental disabilities. One of these NGOs is ‘Lizié Dan La Main (LDLM)’ which thrives to
make a difference in the education of children with visual impairments in Mauritius. Founded in 1981
by a group of musicians led by Mr Reynolds Permal and determined to make a positive change, LDLM
became a reference in the fight for the welfare and care of visually impaired people in Mauritius. Its
vision is to enable every visually impaired person to have a decent, respectable and normal life in
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society, and its mission is to implement activities and projects for the socio-economic integration of
persons with visual impairment, including children.
Since its foundation, the services of the LDLM have evolved, modernised and benefitted a large number
of blind and visually impaired people, including vulnerable children, youth and adults from the regions
of Port Louis, Sainte Croix, Roche Bois, Cité La Cure, Baie du Tombeau, Calebasses, Goodlands, Plaine
Wilhems, Riviere des Anguilles, Union Park, St Hubert and Flacq. The NGO ensures that the children
have a healthy breakfast, lunch and an afternoon tea break when they come to the centre. It works
ardently to foster the autonomy of its beneficiaries and open their avenues to employment and
economic sustainability.
The services offered by the LDLM aim at the social integration of the blind and partially sighted people
to help them lead a life as normal as possible. Admission to the LDLM centre for these individuals is
subject to a complete eye examination by an optometrist to determine their visual acuity. This allows
for a better referral to the most appropriate services. The main services are described as follows:
• Pre-primary, primary and adult education: Teaching is carried out in enlarged print or through
braille. The centre is equipped with the latest technology such as closed-circuit print enlargers,
braille transcriber computers and voice generated commands computers. In order to promote
inclusive education, the LDLM also has an agreement with the Ministry of Education, Tertiary
Education, Science and Technology, whereby visually impaired children can attend school in
specialised integrated units within the premises of mainstream school. Moreover, the LDLM
prepares children for exams at the end of primary education and ensures their admission into
colleges or other secondary institutions.
• Specialised IT classes: IT classes are offered using specialised software such as JAWS and
Zoomtext to enable the children with visual impairments to become computer literate.
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• Basic literacy: Through this programme, the visually impaired learn how to read and write,
communicate properly and perform manual tasks.
• Orientation and mobility: The LDLM gives considerable importance to building the autonomy
of visually impaired individuals. The programme on orientation and mobility includes initiation
to the use of the white cane, and basic training of how to move around independently, and
accomplish activities of daily living such as cooking.
• Vocational training: The LDLM provides vocational training to those who could not pursue their
mainstream education in different areas such as the making of baskets and picture frames,
woodwork, ‘papier mâché’, pottery and sculpture.
• Sports: Sports play an important part of LDLM’s rehabilitation program. Members of the LDLM
are well known for their performance in sports both locally and internationally.
• Music and dance: The LDLM’s musical band is famous throughout the whole island. This group
performs regularly in functions organised at national level. The NGO has a well-equipped sound
studio with musical instruments and sound equipment where the musicians do their rehearsals
and recordings. Music teaching is also carried out at the centre as a recreational activity. In
addition, the school has a ‘Sega’ group, comprising young singers and dancers, who excel in
traditional Sega dance.
L'Odyssée du Savoir is an Alternative Elementary School, founded in March 2017. Its teaching and
learning processes are inspired by alternative pedagogies from Sudbury, Summerhills and Montessori
schools. The school is based at the Medine Education Village campus in Pierrefonds, and has 44
students. It focuses on the student's educational empowerment and the development of his autonomy.
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The child is allowed to develop according to his needs, choices, rhythm and learning style. The school
also works in partnership with the NGO Anges du Soleil in Tamarin, which provides education to children
who come from vulnerable families. The following are some good practices identified by the OCO at
L’Odyssée du Savoir which can be used as references to other schools who wish to innovate their
pedagogies.
8.3.3.2. Promoting children’s need for time and space to play and rest
The L'Odyssée du Savoir has an alternative curriculum and is not bound by desk learning. The
cornerstone of the school is its prevailing democracy and independence that it allocates to the children.
Children learn at their own pace and in their own individual ways. The school stresses highly on the
need to create time and space for children to indulge in unstructured play, recreation and creativity.
Every morning, the children are asked to freely choose the ‘atelier’ or workshop that they wish to go
into for the day. An ‘atelier’ can be, for instance, gardening, Lego programming or attending a
Montessori class. As per the rules, each child needs to complete 15 ‘ateliers’ per week. When a child
does not want to attend any ‘atelier’, they are free to play and indulge in any recreational activity that
they want such as craft making.
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Furthermore, every morning at 09 30 hrs prior to the start of the ‘ateliers’, children and educators at
the school are encouraged to participate in the “Anapana”, a meditation technique. Research studies
have shown that teaching young children mindful practices impacts positively on their brain and
behaviours, and improve their attention, self-control and ability to manage stress.
It is well-known that play is pivotal to children’s cognitive, physical, emotional and social development.
The Committee on the Rights of the Child (United Nations, 2013, para.9) 111 rightly pointed out that
“[t]hrough their involvement in play and recreation, children learn by doing; they explore and experience
the world around them; experiment with new ideas, roles and experiences and in so doing, learn to
understand and construct their social position within the world.”
In line with article 12 of the UNCRC on the right of the child to express their views freely on matters
concerning them, the school takes decisions using a consultative approach with the children. Each
week, a “conseil de l’école”, comprising of students who have been nominated by other students as
111
Committee on the Rights of the Child (2013). General comment No. 17 (2013) on the right of the child to rest, leisure,
play, recreational activities, cultural life and the arts (art. 31). Geneva: UN. Retrieved on 13 August 2020 from
www.refworld.org/docid/51ef9bcc4.html
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spokesperson and secretary, as well as educators/staff, is held. Matters pertaining to the day-to-day
running and recurring problems at the school are addressed in this meeting. Solutions are then
proposed and decisions are taken by vote.
For instance, following an incident of a child falling from a tree in the school yard, the “conseil de l’école”
decided on the remedial safety measures to be taken. The Officer-in-charge of the school and the
parents were keen to adopt the measure that no children should be allowed to climb trees. However,
after listening to children’s views on the matter, it was decided that, instead of prohibiting children to
climb trees, a ‘height limit’ on the trees should be imposed. The trees were marked with blue and yellow
strips indicating safe and unsafe height limits respectively, as shown in the picture below. This solution
both ensured children’s safety and did not hinder their physical development.
To ensure that all students are enjoying a conducive atmosphere to learning, the school also operates
a “conseil de la justice”, which comprises a small group of students and staff elected by the “conseil de
l’école” to monitor the rules and regulations of the school and to process complaints. Any student can
lodge a complaint with the “conseil de la justice” regarding any violation of the school rules and
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regulations. The plaintiff describes how and where the incident happened and also states whether
there was any witness when it occurred. The “conseil de la justice” meets daily to review complaints
and subsequently determines whether any given school rule has been violated. If so, the “conseil de la
justice” presses charges against the person, irrespective of whether it is a student or a staff.
For example, if a child is bullied by his classmate, he/she can lodge an official complaint at “conseil de
la justice”. There has been an instance where this committee rusticated a student when found guilty of
bullying his/her classmate. According to the Officer-in-charge of the school, this mechanism has been
effective whereby children are better able to take ownership of their actions and they foster more
respect for one another. It also empowers them to become role models within the school community
and responsible adults of tomorrow. This practice at the school corroborates with the following goals
of education as outlined by the CRC (UN, 1989, article 29(1) (b&d)):
States Parties agree that the education of the child shall be directed to:
(b) The development of respect for human rights and fundamental freedoms, and for the principles
enshrined in the Charter of the United Nations.
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and
religious groups and persons of indigenous origin.
The BPM has been set up to focus on the protection of the child and to act as a watchdog against child
abuse. It aims at providing a safer environment to all children and working with all stakeholders in
children’s best interests. It has eight departments across Mauritius and 1 office in Rodrigues. The
following are a description of some of the identified strengths of the BPM:
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1. Networking
The BPM has established a strong line of communication with the following governmental and non-
governmental stakeholders in the best interests of the children:
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6. Monitoring of cases
The BPM closely monitors wherever possible the cases of children whose parents lead unruly lives or
are incarcerated and find ways of providing them with the appropriate support. For instance, the
BPM ensures that the children are followed by a psychologist, that the school management assists
them in their studies, or that they receive social aids from the Ministry of Social Integration, Social
Security and National Solidarity where applicable. Feedback is also provided to the Ministries
concerned and to the OCO, upon request.
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7. Crackdown operations
Crack-down operations in nightclubs, private clubs, restaurants and in places of public amusement
and entertainment are carried out regularly by the BPM to ensure that minors are not illegally
allowed in these places. The Officers of the BPM are trained to conduct such operations and take the
necessary actions.
9. Interventions at the National Children Council’s (NCC) residential care institutions (RCIs)
The BPM often organises musical training for inmates of two RCIs managed by the NCC. It also carries
out skills enhancement and painting projects with the inmates of one of these RCIs with the aim of
creating a joyful and child-friendly atmosphere.
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The farm welcomes an average of 450 children monthly from all around the island. Children are
provided with information and are taught skills in different areas such as life skills, literacy, numeracy,
values, sexual education, impact of drug abuse, importance of healthy behaviour and sports,
behaviour management, child rights, agriculture and farming. Officers of the Anti-Drug and
Smuggling Unit and the Brigade pour la Protection des Mineurs are also invited as resource persons
to speak on relevant issues to the children. The Pedagogical Farm provides cereal, bread, jelly and
tea to children in the morning and bread with filling during lunchtime.
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More information on this global event is available on the Street Child United website (www.streetchildunited.org).
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a unique international conference to challenge the negative perceptions and treatment of street
children around the world through sports, arts and campaigns.
In May 2018, a team of 9 girls were chosen to represent Mauritius in the Street Child World Cup 2018
which was held in Moscow. At this event, the girls pledged that, once they are back to their country,
they would establish a plan of action to sensitise other street children on various social issues such
as teenage pregnancy, drug trafficking and the importance of education, amongst others.
Mauritius was one of the national teams represented at this tournament, comprising four boys and
four girls from Safire. The children received training to play cricket from the Street Child United.
When the Mauritian team members returned to the country, they organised a workshop with 40
street children from all around the island to sensitise them on their rights and responsibilities, the
UNCRC and issues such as teenage pregnancy and drug related problems. The 40 participants were
then given the responsibility to disseminate this information to other street children of their locality.
4. Referring to the recommendations made by the UN Committee on the Rights of the Child
Safire is attentive to the recommendations made by the UN Committee on the Rights of the Child
with respect to the issue of children in street situations. They continuously endeavour to devise ways
that contribute to the implementation of the provisions of the UNCRC to protect and promote the
rights of this group of children, for instance:
1. There is a panel of educators who ensure that the activities and internal policies of the
organisation are in line with the UNCRC.
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More information on the Street Child Cricket World Cup 2019 on the link www.streetchildunited.org/our-sports-
events/past-events/street-child-cricket-world-cup-2019/.
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2. Before any child starts a programme or activity with Safire, a consent form from a responsible
party is compulsory for each beneficiary. The child is also made aware of his/her rights and
responsibilities.
3. Staffs members of Safire get regular training on the UNCRC to improve their ways of working
with the children.
4. Educators actively listen to children’s problems and encourage them to voice out their
concerns to the Child Development Unit if they are victims of abuse and neglect.
5. Each child has a confidential Individual Educational Project based on their specific needs.
5. Good governance
As a way of maintaining good governance within the organisation, the board and staff members of
Safire meet regularly to review the objectives and strategies of their ongoing and new projects. Safire
has written a document that clearly states its values, vision, and mission, as well as the administrative
procedures of the NGO, and its key points are summarised as follows:
• The Board has a term limit with regular turnover to have new skills and innovative
perspectives in the advancement of the organisation’s mission.
• Board members, staff and volunteers appreciate the need to avoid conflicts of interests and
to promote non-discrimination, non-partisan activities and financial transparency in their
practices.
• Safire has an obligation to adhere to all legal employment practices as an NGO and to provide
a safe environment for the staff and particularly for the beneficiaries.
• Safire uses financial resources judiciously and effectively and its fund management is guided
by established policies and practices.
• Safire has an ethical obligation to conduct its activities with accountability and transparency.
6. Success stories
One of the major achievements of Safire is that most of its beneficiaries are highly motivated to
maintain regular attendance and participation in its activities. This enables the children to benefit
fully from their programmes and to gain a certificate of participation at completion. At times, the
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programmes provide further opportunities to the beneficiaries to visit enterprises where they might
be eligible for internships. Some adolescents above the age of 16 years old have already been able
to obtain employment in hotels and in the security domain. Another achievement of Safire is the
successful reintegration of about 50 children into schools during the period from January 2018 to
December 2019.
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APPENDICES
SECTION
1. Short title 8. Protection of witnesses
2. Interpretation 9. Protection from liability
3. Establishment of office of Ombudsperson for 10. Staff of Ombudsperson for Children
Children 11. Report of Ombudsperson for Children
4. Appointment of Ombudsperson for Children 11. Offences
5. Objects of office of Ombudsperson for 12. Regulations
Children 13. —
6. Functions of Ombudsperson for Children SCHEDULE
7. Investigation
1. Short title
This Act may be cited as the Ombudsperson for Children Act.
2. Interpretation
“child” means a person under the age of 18;
“Convention” means the Convention on the Rights of the Child, adopted by the General
Assembly of the United Nations on 20 November 1989;
“Minister” means the Minister to whom responsibility for the subject of child development is
assigned;
“Ombudsperson for Children” means the Ombudsperson for Children whose office is
established under section 3;
“public body” means
(a) a Ministry or Government Department;
(b) a local authority;
(c) a statutory corporation;
(d) any other company, partnership or other entity of which Government is, by the holding
of shares or some other financial input, or in any other manner, in a position to
influence the policy or decision of such body.
(k) advise the Minister on the establishment of mechanisms to afford children the ability
to express themselves freely, according to their age and maturity, especially on all
matters concerning their individual or collective rights;
(l) advise the Minister on the creation of partnerships with parents, teachers,
nongovernmental as well as governmental organisations, local authorities and any
other stakeholders committed to the promotion of children’s rights.
7. Investigation
(1) Where the Ombudsperson for Children considers, either upon complaint made to him or on
his own motion, that it is necessary to investigate a matter relating to the rights of a child,
the Ombudsperson for Children shall investigate the complaint in such manner as he
considers appropriate.
(2) For the purposes of an investigation under this Act, the Ombudsperson for Children may—
(a) request any person, including any public officer, to provide information concerning a
child whose rights have been, are being or are likely to be violated;
(b) enter premises where—
(i) a child is present, either temporarily or permanently, including an educational or
health institution and a place of detention, in order to study the environment of
such a place and asses its suitability;
(ii) a child may be in employment;
(iii) there is reasonable ground to believe that the moral and physical safety of a child
may be in danger;
(c) request the Commissioner of Police to enquire and report to the Ombudsperson for
Children on any allegation relating to the breach of the rights of a child;
(d) enter any licensed premises where the Ombudsperson for Children suspects that
alcohol and tobacco may be handled, consumed or purchased by children;
(e) record the statement of any person in connection with an investigation;
(f) request the assistance of the Commissioner of Police and the officer-in-charge of any
public body or institution, as the case may be, to facilitate any entry and effect, where
appropriate, any seizure pursuant to paragraphs (b) and (d);
(g) summon witnesses and examine them on oath;
(h) call for the production of any document or other exhibit; and
(i) obtain such information, file or other record, upon application to he Judge in Chambers
whenever necessary under any law, as may be required for the investigation.
(3) Following an investigation under subsection (1), the Ombudsperson for Children shall—
(a) act as a mediator to resolve any dispute relating to the rights of the child;
(b) make a report to such person or authority as the Ombudsperson for Children considers
appropriate;
(c) make proposals of a general nature to the Minister on any matter which may have
arisen in the course of the investigation.
(4) The Ombudsperson for Children shall not investigate any case which is pending before any
Court but may refer any child involved in such a case to the Ministry for advice, assistance or
counselling. [S. 7 amended by s. 3 of Act 8 of 2005.]
8. Protection of witnesses
Notwithstanding any enactment, no statement made in good faith by any person by way of a
written complaint, or by the giving in writing of a statement made in the course of an investigation, to
the Ombudsperson for Children, or any member of the staff of the Ombudsperson for Children, shall
subject the maker of the statement to, or be used against him in, any civil or criminal proceedings.
11A. Offences
(1) A person shall commit an offence—
(a) where he—
(i) fails to attend before the Ombudsperson for Children;
(ii) refuses to take the oath before the Ombudsperson for Children; or
(iii) wilfully refuses to furnish any information or to produce any document, record,
file or exhibit,
12. Regulations
The Minister may—
(a) make such regulations as he thinks fit for the purposes of this Act;
(b) after consultation with the Ombudsperson for Children, make regulations for the
purpose of regulating the procedure to be applied for the investigation of complaints
by the Ombudsperson for Children.
_______________________________________________________
SCHEDULE
[Section 3]
I .................... having been appointed to be the Ombudsperson for Children under the Ombudsperson
for Children Act do swear/solemnly affirm that I shall faithfully, impartially and to the best of my ability
discharge the trust and perform the duties devolving upon me by such appointment and that I shall not,
without reasonable cause, disclose any information imparted to me in the performance of such duties.
_______________________________________________________
L’heure est grave. Nous vivons tous des moments difficiles, en particulier les enfants de par leur
vulnérabilité. En cette période de confinement sanitaire, bon nombre d’adultes montrent des signes
d’énervement et affirment qu’ils se sentent emprisonnés. Certains n’hésitent même pas à défier les
autorités pour s’offrir quelques moments de liberté. Si nous trouvons « normal » que des adultes vivent
difficilement le confinement, comment pouvons-nous nous attendre à ce que des enfants - surtout ceux
en bas âge - se comportent en soldats obéissants ? Ceci n’est pas possible !
Les enfants du monde entier ont un immense besoin de courir, sauter, glisser, grimper et jouer à
l’extérieur. Maria Montessori n’a jamais cessé d’insister sur le fait que l’intelligence se développe par
le mouvement. Tous les spécialistes de l’enfance savent que le manque de mouvement risque
d’impacter négativement la santé mentale des enfants. Malheureusement pour les milliards d’enfants
partout dans le monde, le Covid-19 est arrivé, ce méchant loup qui guette à chaque coin de rue.
Subitement pour leur SECURITÉ, ils doivent tous rester chez eux. À Maurice, l’État, les parents, les
enseignants, les agents de police, le personnel de santé, la Child Development Unit, l’Alternative Care
Unit, le bureau de l’Ombudsperson et tous les autres professionnels de l’enfance ont le même message
pour les enfants :
Cependant, tous les adultes DOIVENT être sensibilisés au fait que l’éducation d’un enfant à l’intérieur
risque d’avoir des effets dévastateurs sur celui-ci. Quelques exemples des possibles conséquences :
colère et agressivité, hyperactivité, difficulté de concentration, tristesse profonde, refus ou abus de
nourriture, désir de fuguer ou dépression infantile. Quand l’adulte est conscient des besoins
psychologiques de l’enfant, il est plus armé pour lui témoigner de la compassion et l’aider à mieux
affronter l’épreuve du confinement. Bref, l’adulte doit bien comprendre qu’un enfant n’est pas un
adulte en miniature !
« Au début du confinement, mon souci principal était l’éducation de mes enfants. Nous ne sommes pas
des diplômés, mais je tiens à ce que mes enfants soient bien instruits. Je suis très sévère avec eux.
J’instaure des règles très strictes pour qu’ils puissent étudier comme à l’école. Personne n’a le droit de
bouger sans ma permission. Le plus jeune (10 ans) passe son temps devant la télé pour étudier. Le cadet
(12 ans) est devant son ordinateur pour ses devoirs et ma fille de 16 ans est toujours dans sa chambre.
Elle communique avec ses enseignants.
Au bout de cinq jours, alors que je suis convaincu que je fais TOUT pour l’éducation de mes enfants, ma
fille fait une terrible crise de colère. Elle HURLE, me traite de tous les noms et lance tout ce qu’elle a
sous la main par la fenêtre de sa chambre. Désespéré par cette situation imprévisible, je la supplie
d’arrêter... Au bout d’une trentaine de minutes, elle se calme mais commence à sangloter. Je suis mal.
Ma fille m’insulte et m’accuse d’être un père ignoble. Ses frères se rangent de son côté : «Didi a raison.»
Dans les jours qui suivent, ma femme et moi demandons de l’aide à des professionnels des droits de
l’enfant. Nous comprenons que les enfants ont un grand besoin de bouger, de respirer l’air frais et de
se dépenser. J’accepte de changer mon attitude et ma manière de me comporter avec mes enfants.
Notre petit salon se transforme en un clin d’œil en salle polyvalente ! Ma femme et moi élaborons un
plan d’activités. Nos enfants suivent toujours les cours à la télévision et en ligne mais nous faisons la
cuisine, le ménage, la peinture et la gym tôt le matin avec eux. Nous chantons et dansons ! Je ne me
reconnais plus. Après le dîner, toute la famille adore danser le séga. Je remarque que tout le monde
dort mieux depuis que nous bougeons davantage. Ma fille se rapproche de moi de jour en jour et m’a
même présenté ses excuses. Tous les jours le confinement change nos vies. Ma famille est heureuse. »
Pour les enfants en situation de handicap, le confinement pose encore plus de problèmes, d’abord pour
eux-mêmes et ensuite pour leurs familles. Ces enfants sont nombreux à avoir perdu leurs repères car
leur vie quotidienne a été du jour au lendemain bouleversée. Des parents témoignent :
« Notre enfant autiste ne peut pas parler. Mais nous savons qu’il veut sortir, se promener et
jouer dans le jardin municipal. Toute la journée, il se dirige vers la porte de la maison. Il pleure
et il nous tape. Nous comprenons sa douleur. Nous comprenons aussi combien il est important
de ne pas sortir pour se protéger du Covid-19. Malgré tout, depuis quelques jours, alors que
tout le monde dort vers minuit, nous marchons dans la rue avec lui, la peur au ventre. Depuis,
il s’est beaucoup calmé. »
« Ma fille de 6 ans est atteinte du trouble de déficit de l’attention avec hyperactivité. Je vis
seule avec elle, son père l’ayant abandonnée à sa naissance. Elle court dans tous les sens à
longueur de journée et je cours après elle... Je suis épuisée. J’ai hâte qu’elle puisse reprendre
le chemin de l’école. Aujourd’hui, je me rends compte à quel point ses enseignants sont des
personnes formidables. Quand ma fille dort, je leur parle. Elles sont devenues mes amies. Nous
discutons jusqu’à fort tard. Je suis seule mais je ne suis plus seule... »
« Ma fille a 15 ans. Elle est jolie, intelligente, sensible, généreuse, humble et surtout très sage.
Alors que tous les membres de notre famille commencent à s’énerver durant le confinement,
elle prend l’initiative d’organiser une grande réunion de famille. Elle nous parle des enfants de
rue qui n’ont rien à manger en Inde, des milliers de malades du Covid-19 qui meurent chaque
jour en Italie et aux États-Unis, de la chance que nous avons d’être en vie. Elle nous parle de la
beauté de notre île. Elle aime marcher sur la plage sablonneuse et écouter le son des vagues.
Et finalement, elle nous parle de son livre audio – « Le Petit Prince ». Elle nous demande de
méditer sur cet extrait qu’elle connaît par cœur:
« C’est une folie de haïr toutes les roses parce qu’une épine vous a piqué, d’abandonner tous
les rêves parce que l’un d’entre eux ne s’est pas réalisé, de renoncer à toutes les tentatives
parce que l’une d’entre elles ne s’est pas réalisée, de renoncer à toutes les tentatives parce
qu’on a échoué… C’est une folie de condamner toutes les amitiés parce qu’une d’elles vous
a trahi, de ne plus croire en l’amour juste parce qu’un d’entre eux a été infidèle, de jeter
toutes les chances d’être heureux juste parce que quelque chose n’est pas allé dans la bonne
direction. Il y aura toujours une autre occasion, un autre ami, un autre amour, une force
nouvelle. Pour chaque fin, il y a toujours un nouveau départ… »
Rita Venkatasawmy
Ombudsperson pour les Enfants
Introduction
The Republic of Mauritius is displaying commendable efforts in the fight against the COVID-19 situation.
Governmental bodies, the civil society and the media are in several ways contributing to overcome the
spread of the virus and its effects on our society. Being in confinement is challenging for many of us,
especially children and young people, but nobody can deny that it is a sine qua non for the protection
of public health. Most of us have also been more than ever dependent on technology for daily
communication, maintaining our relationships with others and staying updated with the latest news.
Nevertheless, as the Ombudsperson for Children, I am concerned that, during this lockdown period,
some minors have engaged in different forms of abuse through social media. For example, videos of
young girls physically fighting in an outrageous manner were circulated, a young person was victim of
emotional bullying by being photoshopped as an animal, and another adolescent girl used sexually
provocative language on a social media platform. I think an important question to ask is, “where do
these behaviours originate from?” Are we bringing up a generation of children and young people who
feel entitled to express themselves in any way they want without any social and moral boundaries?
This situation made me think deeply on the role of education. Academic learning is a core part but only
one facet of education. The other complementary side is an education of the hearts of our children and
young people, in other words, imbibing them with core essential values, building their character, and
nurturing their emotional intelligence and resilience. Without this aspect, their education will be
incomplete. A piece of paper can certify their academic merits, but I believe that the true test of their
education lies in how they respond to daily problems, uncertainty and life’s challenges. One of the most
influential scientists of the 20th century, Albert Einstein, interestingly said that, “education is what
remains after one has forgotten what one has learned in school”. It is therefore primordial that, along
with producing a generation of children who can read, write and count, we need to ensure that they
are internalising lifelong values such as honesty, compassion, perseverance and service to others.
In this context, a paradigm shift in the minds of people, especially of our children and young people, is
warranted. History impacts on the lives of children, but we should not forget that children are also
active participants in the making of history. It is more than ever necessary that the child of the 21 st
century learns to view education not merely as a utility for career progression, but as a transformative
tool. The United Nations Educational, Scientific and Cultural Organisation (UNESCO; 2019)114 spells this
out powerfully, “education transforms lives and is at the heart of...build[ing] peace, eradicat[ing]
poverty and driv[ing] sustainable development.” I think that the COVID-19 pandemic can act as a
springboard for children and young people to be educated beyond their books and learn pedagogically
active skills that can empower them to become engaged actors in social transformation.
In the current article, I give a brief overview of the COVID-19 situation in relation to children’s rights. I
then propose some methods on how we can lean on the lessons of this global pandemic to enhance
the creativity, understanding of values and character-building of children and young people in
Mauritius.
114
United Nations Educational, Scientific and Cultural Organisation (2019). Education transforms lives. Retrieved on 20
April 2020 from en.unesco.org/themes/education
our functioning would look like at deconfinement. National prevention strategies are also being
designed to avoid as far as possible other waves of the spread of this virus.
We cannot ignore that, to some extent, the confinement period has had adverse effects on the physical,
psychological, emotional and social wellbeing of our children and young people, particularly the most
vulnerable ones. Many of them would remember the day they woke up in the morning and were
suddenly not permitted to go to school, play with their friends or visit their favourite parks and places.
In a publication by the Committee on the Rights of the Child (2020)115, they recognised that “in crisis
situations, international human rights law exceptionally permits measures that may restrict the
enjoyment of certain human rights in order to protect public health. However, such restrictions must be
imposed only when necessary, be proportionate and kept to an absolute minimum.” It is important to
highlight that, relative to some of the recommendations of this Committee (2020), the country has done
well in the domain of children’s rights during the confinement period, for instance:
• The best interests of children in relation to health and safety have been taken into consideration
by decreasing their exposure to the virus through the lockdown.
• Children are still having access to indoor leisure activities at home and supervised outdoor
activities in their yards.
• Children are spending more time with their family or other significant adults which can improve
their emotional wellbeing.
• Responsible adults are facilitating opportunities for children to use their imagination to occupy
their time and express their creativity on paper and through social media.
• Children are regularly expressing themselves through pictures and messages regarding the
COVID-19 situation on the media.
• The Ministry of Education, Tertiary Education, Science and Technology has organised academic
teaching through online platforms and television for students.
• Many vulnerable families where children also live are provided with food packs during the
confinement.
115
Committee on the Rights of the Child (2020). The Committee on the Rights of the Child warns of the grave physical,
emotional and psychological effect of the COVID-19 pandemic on children and calls on States to protect the rights of children.
Geneva: United Nations. Retrieved on 20 April 2020 from
tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/1_Global/INT_CRC_STA_9095_E.pdf
• Guidance on the COVID-19 and support with food have also been provided by the relevant
authorities to institutions where children reside such as residential care institutions (RCIs) and
rehabilitation/correctional youth centres.
• Health hotlines are available so that parents can enquire on any health concerns for their
children. They can also access health care centres/hospitals when necessary.
• The Child Development Unit (CDU) hotline remains operational during the lockdown to
intervene in any case of child abuse.
During the confinement, the Ombudsperson for Children’s Office has remained available and
contactable through my staff members and I. We received several phone calls and emails from various
individuals and organisations. We provided them with advice and made referrals to the authorities
where appropriate. In addition, we facilitated an online messaging and email support group with the
Managers of RCIs. I spoke with children in some RCIs through video conferencing as well as carried out
site visits when necessary. I was also solicited by several media platforms where I had the opportunity
to discuss on the situation of children within the COVID-19 context. My office is currently collecting
information on the experiences of various groups of children during the pandemic through interviews
which will be published in our upcoming annual report.
Modern education is premised strongly on materialistic values. It is vital that when educating our
children’s brains that we do not neglect to educate their hearts, a key element of which has to be
the nurturing of our compassionate nature.
116
Cambridge Dictionary (2020). Values. UK: Cambridge University Press. Retrieved on 20 April 2020 from
dictionary.cambridge.org/dictionary/english/values
Value-based education requires dynamic and experiential teaching and learning processes which need
to be adapted to the age, ability and maturity level of the students. Active pedagogical methods can be
very useful in achieving this aspect of education within the school curriculum. Some examples are
outlined as follows:
1. Story-telling:
This is a powerful and engaging technique to help children of any age make sense of their world. It
encourages children to use their imagination and open up their minds to a wealth of possibilities.
Stories also carry meaningful messages on values that children can learn and adapt to their daily
lives. In the context of the COVID-19, every child has a narrative to tell verbally or non-verbally on
how they lived through this phase. Story-telling can enable them to connect with their experiences,
and understand and express their feelings in a safe way.
Developing their environmental consciousness can help students build resilience in the face of
challenges such as a confinement period and learn to be grateful for what they possess.
I would like to conclude that there is no doubt that Mauritian children and young people are going
through an emotionally challenging phase of history. They can have varying levels of coping
mechanisms to stressful external events depending on their age, maturity, education and family
situation among others. In this respect, our education system can play a central role in channelling their
emotions and behaviours towards responsible actions and constructive solutions for the betterment of
their communities and the society at large. I reiterate that the COVID-19 pandemic is a rich opportunity
to cultivate the character and resilience of our current generation of young people.
Mission The promotion of social justice, gender equity, the advancement of the rights of
the individual and family to free and informed choice regarding the number and
spacing of children and contraception, and the preparation of young people for
healthy attitudes and behaviour.
Main activities MFPWA had started as a grass-root movement in the late 1950's promoting birth
control programme in the country. Over the years, the MFPWA has adopted a
holistic approach to reproductive health, and has extended its services to cater
for all men and women, in preparation for reproductive life, in active
reproductive life and beyond. Hence, besides contraceptive information and
services to men and women in the reproductive ages, the Association also caters
for babies, pre-pubertal boys and girls, adolescents, menopausal women, the
elderly as well as people with different sexual orientations. The MFPWA has a
commitment to serving all segments of the population.
Action Familiale
Headquarters Moka
Mission The promotion of family values and harmonious couple life and family life
education to young people.
Main activities Since 1965, Action Familiale has been delivering life skills-based family
life/sexual education to end of primary and secondary school pupils in
Mauritius and Rodrigues. This programme, delivered in a series of 4 to 6 talks,
goes far beyond providing information, but aims at the integral human
development of young people. Action Familiale’s educators are welcome in all
the schools they visit whether state, private or confessional (Christian and non-
Christian) schools.
Adopted and opened for signature, ratification and accession by General Assembly
resolution 44/25 of 20 November 1989
entry into force 2 September 1990, in accordance with article 49
Preamble
Considering that, in accordance with the principles proclaimed in the Charter of the United Nations,
recognition of the inherent dignity and of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the world,
Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in
fundamental human rights and in the dignity and worth of the human person, and have determined to
promote social progress and better standards of life in larger freedom,
Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the
International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status,
Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that
childhood is entitled to special care and assistance,
Convinced that the family, as the fundamental group of society and the natural environment for the
growth and well-being of all its members and particularly children, should be afforded the necessary
protection and assistance so that it can fully assume its responsibilities within the community,
Recognizing that the child, for the full and harmonious development of his or her personality, should
grow up in a family environment, in an atmosphere of happiness, love and understanding,
Considering that the child should be fully prepared to live an individual life in society, and brought up
in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit
of peace, dignity, tolerance, freedom, equality and solidarity,
Bearing in mind that the need to extend particular care to the child has been stated in the Geneva
Declaration of the Rights of the Child of 1924 and in the Declaration of the Rights of the Child adopted
by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human
Rights, in the International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in
the International Covenant on Economic, Social and Cultural Rights (in particular in article 10) and in
the statutes and relevant instruments of specialized agencies and international organizations
concerned with the welfare of children,
Bearing in mind that, as indicated in the Declaration of the Rights of the Child, "the child, by reason of
his physical and mental immaturity, needs special safeguards and care, including appropriate legal
protection, before as well as after birth",
Recalling the provisions of the Declaration on Social and Legal Principles relating to the Protection and
Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and
Internationally; the United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(The Beijing Rules); and the Declaration on the Protection of Women and Children in Emergency and
Armed Conflict, Recognizing that, in all countries in the world, there are children living in exceptionally
difficult conditions, and that such children need special consideration,
Taking due account of the importance of the traditions and cultural values of each people for the
protection and harmonious development of the child, Recognizing the importance of international co-
operation for improving the living conditions of children in every country, in particular in the developing
countries,
PART I
Article 1
For the purposes of the present Convention, a child means every human being below the age of
eighteen years unless under the law applicable to the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child
within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her
parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected against all
forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or
beliefs of the child's parents, legal guardians, or family members.
Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare institutions,
courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a
primary consideration.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her
well-being, taking into account the rights and duties of his or her parents, legal guardians, or other
individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and
administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or
protection of children shall conform with the standards established by competent authorities,
particularly in the areas of safety, health, in the number and suitability of their staff, as well as
competent supervision.
Article 4
States Parties shall undertake all appropriate legislative, administrative, and other measures for the
implementation of the rights recognized in the present Convention. With regard to economic, social
and cultural rights, States Parties shall undertake such measures to the maximum extent of their
available resources and, where needed, within the framework of international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the
members of the extended family or community as provided for by local custom, legal guardians or other
persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities
of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in
the present Convention.
Article 6
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a name,
the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her
parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law
and their obligations under the relevant international instruments in this field, in particular where the
child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including
nationality, name and family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties
shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her
identity.
Article 9
1. States Parties shall ensure that a child shall not be separated from his or her parents against their
will, except when competent authorities subject to judicial review determine, in accordance with
applicable law and procedures, that such separation is necessary for the best interests of the child. Such
determination may be necessary in a particular case such as one involving abuse or neglect of the child
by the parents, or one where the parents are living separately and a decision must be made as to the
child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given
an opportunity to participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child who is separated from one or both parents to
maintain personal relations and direct contact with both parents on a regular basis, except if it is
contrary to the child's best interests.
4. Where such separation results from any action initiated by a State Party, such as the detention,
imprisonment, exile, deportation or death (including death arising from any cause while the person is
in the custody of the State) of one or both parents or of the child, that State Party shall, upon request,
provide the parents, the child or, if appropriate, another member of the family with the essential
information concerning the whereabouts of the absent member(s) of the family unless the provision of
the information would be detrimental to the well-being of the child. States Parties shall further ensure
that the submission of such a request shall of itself entail no adverse consequences for the person(s)
concerned.
Article 10
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a
child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be
dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further
ensure that the submission of such a request shall entail no adverse consequences for the applicants
and for the members of their family.
2. A child whose parents reside in different States shall have the right to maintain on a regular basis,
save in exceptional circumstances personal relations and direct contacts with both parents. Towards
that end and in accordance with the obligation of States Parties under article 9, paragraph 1, States
Parties shall respect the right of the child and his or her parents to leave any country, including their
own, and to enter their own country. The right to leave any country shall be subject only to such
restrictions as are prescribed by law and which are necessary to protect the national security, public
order (ordre public), public health or morals or the rights and freedoms of others and are consistent
with the other rights recognized in the present Convention.
Article 11
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or
accession to existing agreements.
Article 12
1. States Parties shall assure to the child who is capable of forming his or her own views the right to
express those views freely in all matters affecting the child, the views of the child being given due weight
in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial
and administrative proceedings affecting the child, either directly, or through a representative or an
appropriate body, in a manner consistent with the procedural rules of national law.
Article 13
1. The child shall have the right to freedom of expression; this right shall include freedom to seek,
receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or
in print, in the form of art, or through any other media of the child's choice.
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are
provided by law and are necessary:
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Article 14
1. States Parties shall respect the right of the child to freedom of thought, conscience and religion.
2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians,
to provide direction to the child in the exercise of his or her right in a manner consistent with the
evolving capacities of the child.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed
by law and are necessary to protect public safety, order, health or morals, or the fundamental rights
and freedoms of others.
Article 15
1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful
assembly.
2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity
with the law and which are necessary in a democratic society in the interests of national security or
public safety, public order (ordre public), the protection of public health or morals or the protection of
the rights and freedoms of others.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home
or correspondence, nor to unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of the law against such interference or attacks.
Article 17
States Parties recognize the important function performed by the mass media and shall ensure that the
child has access to information and material from a diversity of national and international sources,
especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical
and mental health.
(a) Encourage the mass media to disseminate information and material of social and cultural benefit to
the child and in accordance with the spirit of article 29;
(b) Encourage international co-operation in the production, exchange and dissemination of such
information and material from a diversity of cultural, national and international sources;
(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs
to a minority group or who is indigenous;
(e) Encourage the development of appropriate guidelines for the protection of the child from
information and material injurious to his or her well-being, bearing in mind the provisions of articles 13
and 18.
Article 18
1. States Parties shall use their best efforts to ensure recognition of the principle that both parents have
common responsibilities for the upbringing and development of the child. Parents or, as the case may
be, legal guardians, have the primary responsibility for the upbringing and development of the child.
The best interests of the child will be their basic concern.
2. For the purpose of guaranteeing and promoting the rights set forth in the present Convention, States
Parties shall render appropriate assistance to parents and legal guardians in the performance of their
child-rearing responsibilities and shall ensure the development of institutions, facilities and services for
the care of children.
3. States Parties shall take all appropriate measures to ensure that children of working parents have
the right to benefit from child-care services and facilities for which they are eligible.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational measures
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment
of social programmes to provide necessary support for the child and for those who have the care of the
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,
for judicial involvement.
Article 20
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best
interests cannot be allowed to remain in that environment, shall be entitled to special protection and
assistance provided by the State.
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary
placement in suitable institutions for the care of children. When considering solutions, due regard shall
be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural
and linguistic background.
Article 21
States Parties that recognize and/or permit the system of adoption shall ensure that the best interests
of the child shall be the paramount consideration and they shall:
(a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in
accordance with applicable law and procedures and on the basis of all pertinent and reliable
information, that the adoption is permissible in view of the child's status concerning parents, relatives
and legal guardians and that, if required, the persons concerned have given their informed consent to
the adoption on the basis of such counselling as may be necessary;
(b) Recognize that inter-country adoption may be considered as an alternative means of child's care, if
the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared
for in the child's country of origin;
(c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards
equivalent to those existing in the case of national adoption;
(d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not
result in improper financial gain for those involved in it;
(e) Promote, where appropriate, the objectives of the present article by concluding bilateral or
multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the
placement of the child in another country is carried out by competent authorities or organs.
Article 22
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or
who is considered a refugee in accordance with applicable international or domestic law and
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable
rights set forth in the present Convention and in other international human rights or humanitarian
instruments to which the said States are Parties.
2. For this purpose, States Parties shall provide, as they consider appropriate, co-operation in any
efforts by the United Nations and other competent intergovernmental organizations or non-
governmental organizations co-operating with the United Nations to protect and assist such a child and
to trace the parents or other members of the family of any refugee child in order to obtain information
necessary for reunification with his or her family. In cases where no parents or other members of the
family can be found, the child shall be accorded the same protection as any other child permanently or
temporarily deprived of his or her family environment for any reason, as set forth in the present
Convention.
Article 23
1. States Parties recognize that a mentally or physically disabled child should enjoy a full and decent
life, in conditions which ensure dignity, promote self-reliance and facilitate the child's active
participation in the community.
2. States Parties recognize the right of the disabled child to special care and shall encourage and ensure
the extension, subject to available resources, to the eligible child and those responsible for his or her
care, of assistance for which application is made and which is appropriate to the child's condition and
to the circumstances of the parents or others caring for the child.
3. Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph
2 of the present article shall be provided free of charge, whenever possible, taking into account the
financial resources of the parents or others caring for the child, and shall be designed to ensure that
the disabled child has effective access to and receives education, training, health care services,
rehabilitation services, preparation for employment and recreation opportunities in a manner
conducive to the child's achieving the fullest possible social integration and individual development,
including his or her cultural and spiritual development
4. States Parties shall promote, in the spirit of international cooperation, the exchange of appropriate
information in the field of preventive health care and of medical, psychological and functional
treatment of disabled children, including dissemination of and access to information concerning
methods of rehabilitation, education and vocational services, with the aim of enabling States Parties to
improve their capabilities and skills and to widen their experience in these areas. In this regard,
particular account shall be taken of the needs of developing countries.
Article 24
1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of
health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive
to ensure that no child is deprived of his or her right of access to such health care services.
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate
measures:
(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis
on the development of primary health care;
(c) To combat disease and malnutrition, including within the framework of primary health care,
through, inter alia, the application of readily available technology and through the provision of
adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of
environmental pollution;
(d) To ensure appropriate pre-natal and post-natal health care for mothers;
(e) To ensure that all segments of society, in particular parents and children, are informed, have access
to education and are supported in the use of basic knowledge of child health and nutrition, the
advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents;
(f) To develop preventive health care, guidance for parents and family planning education and services.
3. States Parties shall take all effective and appropriate measures with a view to abolishing traditional
practices prejudicial to the health of children.
4. States Parties undertake to promote and encourage international co-operation with a view to
achieving progressively the full realization of the right recognized in the present article. In this regard,
particular account shall be taken of the needs of developing countries.
Article 25
States Parties recognize the right of a child who has been placed by the competent authorities for the
purposes of care, protection or treatment of his or her physical or mental health, to a periodic review
of the treatment provided to the child and all other circumstances relevant to his or her placement.
Article 26
1. States Parties shall recognize for every child the right to benefit from social security, including social
insurance, and shall take the necessary measures to achieve the full realization of this right in
accordance with their national law.
2. The benefits should, where appropriate, be granted, taking into account the resources and the
circumstances of the child and persons having responsibility for the maintenance of the child, as well
as any other consideration relevant to an application for benefits made by or on behalf of the child.
Article 27
1. States Parties recognize the right of every child to a standard of living adequate for the child's
physical, mental, spiritual, moral and social development.
2. The parent(s) or others responsible for the child have the primary responsibility to secure, within
their abilities and financial capacities, the conditions of living necessary for the child's development.
3. States Parties, in accordance with national conditions and within their means, shall take appropriate
measures to assist parents and others responsible for the child to implement this right and shall in case
of need provide material assistance and support programmes, particularly with regard to nutrition,
clothing and housing.
4. States Parties shall take all appropriate measures to secure the recovery of maintenance for the child
from the parents or other persons having financial responsibility for the child, both within the State
Party and from abroad. In particular, where the person having financial responsibility for the child lives
in a State different from that of the child, States Parties shall promote the accession to international
agreements or the conclusion of such agreements, as well as the making of other appropriate
arrangements.
Article 28
1. States Parties recognize the right of the child to education, and with a view to achieving this right
progressively and on the basis of equal opportunity, they shall, in particular:
(b) Encourage the development of different forms of secondary education, including general and
vocational education, make them available and accessible to every child, and take appropriate
measures such as the introduction of free education and offering financial assistance in case of need;
(c) Make higher education accessible to all on the basis of capacity by every appropriate means;
(d) Make educational and vocational information and guidance available and accessible to all children;
(e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in
a manner consistent with the child's human dignity and in conformity with the present Convention.
3. States Parties shall promote and encourage international cooperation in matters relating to
education, in particular with a view to contributing to the elimination of ignorance and illiteracy
throughout the world and facilitating access to scientific and technical knowledge and modern teaching
methods. In this regard, particular account shall be taken of the needs of developing countries.
Article 29
1. States Parties agree that the education of the child shall be directed to:
(a) The development of the child's personality, talents and mental and physical abilities to their fullest
potential;
(b) The development of respect for human rights and fundamental freedoms, and for the principles
enshrined in the Charter of the United Nations;
(c) The development of respect for the child's parents, his or her own cultural identity, language and
values, for the national values of the country in which the child is living, the country from which he or
she may originate, and for civilizations different from his or her own;
(d) The preparation of the child for responsible life in a free society, in the spirit of understanding,
peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious
groups and persons of indigenous origin;
2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of
individuals and bodies to establish and direct educational institutions, subject always to the observance
of the principle set forth in paragraph 1 of the present article and to the requirements that the
education given in such institutions shall conform to such minimum standards as may be laid down by
the State.
Article 30
In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a
child belonging to such a minority or who is indigenous shall not be denied the right, in community with
other members of his or her group, to enjoy his or her own culture, to profess and practise his or her
own religion, or to use his or her own language.
Article 31
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational
activities appropriate to the age of the child and to participate freely in cultural life and the arts.
2. States Parties shall respect and promote the right of the child to participate fully in cultural and
artistic life and shall encourage the provision of appropriate and equal opportunities for cultural,
artistic, recreational and leisure activity.
Article 32
1. States Parties recognize the right of the child to be protected from economic exploitation and from
performing any work that is likely to be hazardous or to interfere with the child's education, or to be
harmful to the child's health or physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the
implementation of the present article. To this end, and having regard to the relevant provisions of other
international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the
present article.
Article 33
States Parties shall take all appropriate measures, including legislative, administrative, social and
educational measures, to protect children from the illicit use of narcotic drugs and psychotropic
substances as defined in the relevant international treaties, and to prevent the use of children in the
illicit production and trafficking of such substances.
Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For
these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral
measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the
abduction of, the sale of or traffic in children for any purpose or in any form.
Article 36
States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of
the child's welfare.
Article 37
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or
punishment. Neither capital punishment nor life imprisonment without possibility of release shall be
imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or
imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last
resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of
the human person, and in a manner which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from adults unless it is considered in the
child's best interest not to do so and shall have the right to maintain contact with his or her family
through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other
appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her
liberty before a court or other competent, independent and impartial authority, and to a prompt
decision on any such action.
Article 38
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law
applicable to them in armed conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age
of fifteen years do not take a direct part in hostilities.
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years
into their armed forces. In recruiting among those persons who have attained the age of fifteen years
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to
those who are oldest.
4. In accordance with their obligations under international humanitarian law to protect the civilian
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and
care of children who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures to promote physical and psychological recovery and
social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other
form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and
reintegration shall take place in an environment which fosters the health, self-respect and dignity of
the child.
Article 40
1. States Parties recognize the right of every child alleged as, accused of, or recognized as having
infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of
dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms
of others and which takes into account the child's age and the desirability of promoting the child's
reintegration and the child's assuming a constructive role in society.
2. To this end, and having regard to the relevant provisions of international instruments, States Parties
shall, in particular, ensure that:
(a) No child shall be alleged as, be accused of, or recognized as having infringed the penal law by reason
of acts or omissions that were not prohibited by national or international law at the time they were
committed;
(b) Every child alleged as or accused of having infringed the penal law has at least the following
guarantees:
(ii) To be informed promptly and directly of the charges against him or her, and, if appropriate, through
his or her parents or legal guardians, and to have legal or other appropriate assistance in the
preparation and presentation of his or her defence;
(iii) To have the matter determined without delay by a competent, independent and impartial authority
or judicial body in a fair hearing according to law, in the presence of legal or other appropriate
assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into
account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt; to examine or have examined adverse
witnesses and to obtain the participation and examination of witnesses on his or her behalf under
conditions of equality;
(v) If considered to have infringed the penal law, to have this decision and any measures imposed in
consequence thereof reviewed by a higher competent, independent and impartial authority or judicial
body according to law;
(vi) To have the free assistance of an interpreter if the child cannot understand or speak the language
used;
(vii) To have his or her privacy fully respected at all stages of the proceedings.
3. States Parties shall seek to promote the establishment of laws, procedures, authorities and
institutions specifically applicable to children alleged as, accused of, or recognized as having infringed
the penal law, and, in particular:
(a) The establishment of a minimum age below which children shall be presumed not to have the
capacity to infringe the penal law;
(b) Whenever appropriate and desirable, measures for dealing with such children without resorting to
judicial proceedings, providing that human rights and legal safeguards are fully respected. 4. A variety
of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care;
education and vocational training programmes and other alternatives to institutional care shall be
available to ensure that children are dealt with in a manner appropriate to their well-being and
proportionate both to their circumstances and the offence.
Article 41
Nothing in the present Convention shall affect any provisions which are more conducive to the
realization of the rights of the child and which may be contained in:
PART II
Article 42
States Parties undertake to make the principles and provisions of the Convention widely known, by
appropriate and active means, to adults and children alike.
❖ On physical health
Experience of multiple housing problem increases children’s risk of ill-health and disability by up to
25 per cent during childhood and early adulthood. Bad housing is linked to debilitating and even fatal,
illnesses and accidents.
1. Children in overcrowded housing are up to 10 times more likely to contract meningitis than
children in general. Meningitis can be life threatening. Long-term effects of the disease
include deafness, blindness and behavioural problems.
2. There is a direct link between childhood tuberculosis (TB) and overcrowding. TB can lead to
serious medical problems and is sometimes fatal.
3. Children living in overcrowded and unfit conditions are more likely to experience respiratory
problems such as coughing and asthmatic wheezing. For many children this means losing
sleep, restricted physical activity, and missing school.
4. Overcrowded conditions have been linked to slow growth in childhood, which is associated
with an increased risk of coronary heart disease in later life.
5. Almost half of all childhood accidents are associated with physical conditions in the home.
Families living in properties that are in poor physical condition are more likely to experience
a domestic fire.
❖ On mental health
Homeless children are three to four times more likely to have mental health problems than other
children. Mental health issues such as anxiety and depression have also been linked to overcrowded
and unfit housing.
❖ On education
Bad housing affects children’s ability to learn at school and study at home.
1. Homeless children are two to three times more likely to be absent from school than other
children due to the disruption caused by moving into and between temporary
accommodation.
2. Children in unfit and overcrowded homes miss school more frequently due to illnesses and
infections.
3. Overcrowding is linked to delayed cognitive development, and homelessness to delayed
development in communication skills.
4. Homeless children are more likely to have behavioural problems such as aggression,
hyperactivity and impulsivity, factors that compromise academic achievement and
relationships with peers and teachers.
It is unsurprising that homeless children have lower levels of academic achievement that cannot be
explained by differences in their levels of ability.
❖ On opportunities in adulthood
The lower educational attainment and health problems associated with bad housing in childhood
impact on opportunities in adulthood.
1. Long-term health problems and low educational attainment increase the likelihood of
unemployment or working in low-paid jobs.
2. Opportunities for leisure and recreation are undermined by low income and health problems.
3. The behavioural problems associated with bad housing in childhood can manifest themselves
in later offending behaviour. In one study, nearly half of young people who had offended had
experienced homelessness.