15 - The Right to Freedom of Thought in Mauritius

Summary

The right to freedom of thought is protected under Section 11 of the Constitution of Mauritius. It is a fundamental right which at first glance can be read as a qualified right, that is, one which can be limited under certain circumstances as long as the restrictions are lawful, proportionate and reasonably justified in a democratic society. This chapter will provide an overview of the Mauritian legal system followed by an outline of the constitutional protection of civil and political rights in Mauritius. The discussion will then turn to a normative analysis of the right to freedom of thought in Mauritius, with consideration of how it should be construed as an absolute right instead of a qualified right. The chapter will then review the limitation test for qualified rights under the Constitution. Finally, there will be an examination of the few cases relating specifically to freedom of thought. The whole discussion will shed light on how there is in the Mauritian context a poor and declining understanding of the fundamental processes that afford protection for constitutional rights generally and protection for the right to freedom of thought specifically.