Thanks to Down Syndrome Association Mauritius for providing this information.

The current situation

In Mauritius, people with Down syndrome are recognised as persons before the law. There is a system in place for supported decision-making so that people with Down syndrome can be supported to make their own decisions. 

However, this is not supported by the legal framework.

Our legal system does allow for substituted decision-making for people with Down syndrome.

Some people with Down syndrome are allowed to open a bank account on their own. Others must have a joint account with a family member.

All people with Down syndrome are allowed to vote. They may be accompanied to vote if this is needed.

Down syndrome is classed as a disease rather than a disability in the eligibility for a Government pension.

---

What needs to change?

We need to raise awareness to make the state review its legal capacity position.

---

What the Committee on the Rights of Persons with Disabilities report says.

Taken from the Concluding observations report, 2015:

Concerns.

• The Committee is concerned that the institution of substituted decision-making and guardianship for persons with disabilities, meeting the derogatory criteria listed in the Mauritius Civil Code, and that the deprivation of the rights of institutionalized persons with disabilities to enter into contracts, vote, marry, take decisions about health and access courts of law, violate article 12 of the Convention.

Recommendations.

• The Committee recommends that the State party abolish guardianship measures in law and in practice, that it ensure recognition of the legal capacity of persons with disabilities on an equal basis with others, and that it introduce supported decision-making mechanisms, in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law.

---

Take action.

Contact Down Syndrome Association Mauritius to support this campaign in your country.