LEGISLATION
LEGISLATION FOR CHILDREN
The Government is firmly committed to the survival, development and
the protection of children from any forms of abuse and exploitation.
Specific measures are taken to offer concrete actions for fulfilling
children's rights in the line with the Convention.
A Child Protection Act was enacted in 1994 to ensure protection of
children from all forms of abuse and protection. The national
laws have been harmonised in line with the Convention on the Rights of
the Child. In this respect, 23 laws pertaining to children have
been amended in the form of Child Protection (Miscellaneous) Act, the
Criminal Code (Amendment) Act and the Criminal Code Supplementary
(Amendment) Act.
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The Protection of the Child (Miscellaneous) Act (Annex 3) was enacted
on 22 May 1998, amending 23 laws as follows: -
The definition of "harm" in the Child Protection Act was extended to
include sexual harm.
The act provided only for physical, psychological, emotional or moral
injury, ill treatment and impairment of health or development.
With the amendment, a magistrate may issue an Emergency Protection
Order when he has reasonable cause to believe that a child is
suffering or runs the risk of suffering from any form of sexual abuse.
The Child Protection Act was further amended to:-
extend the duration of an emergency
protection order from 8 to 14 days;
extending the time limit for appeal against the issue of an Emergency
Protection
Order from
10 to 21 days;
making it a duty for any person exercising any medical or paramedical
profession
or
a member of
the staff of a school to report cases of suspected
abuse;
to make it illegal for any person other than the agent of any
educational or
cultural
institution
to give access to a video club or to rent video tapes to a
child aged
below 16.
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The Interpretation and General Clauses Act was amended to define
"child" and minor as
"any unmarried child under the age of 18"
The Reform Institutions Act was amended to deleting the words
"juvenile" "offender", "minor" and "child" and defining "minor" as "a
person under the age of 18"
The
Cinematograph act was amended to provide for punishment for any person
who admits a minor at the exhibition or proposed exhibition of a
cinematographic film in breach of a condition imposed by the Board of
Censors under the act or under the regulations. The offence is
punishable by a fine of Rs 50,000 and imprisonment for a term not
exceeding two years.
The Civil
Service Protection Act as well as the Statutory Bodies Family
Protection Act were amended to extend the pensions payable on the
death of those employed by Government and statutory bodies to
acknowledge children born out of lawful wedlock. Even if the
Civil Code has been amended to give to natural children, the two
pensions rights as legitimate children, the two pensions schemes
administered by the State and paid out of public funds made provisions
for legitimate children only.
The Dangerous
Drugs Act was amended to provide for increased penalties for those who
provide drugs to children. The act of administering, selling or
supplying drug to a minor or mentally handicapped person is an
aggravating circumstances and the accused is liable to a fine not
exceeding Rs 50,000 and imprisonment not exceeding 20 years.
The Divorce and Judicial Separation Act was amended to make it
mandatory for courts to seek the views of a child above the age of 10
and capable of discernment in any case in which he or she as an
interest. Thus the courts should not decide to give custody of a
child to his father or mother without ascertaining what the child
feels about it. Before the amendment, the court had only
discretion to hear a child.
The Legal Aid Act was amended to provide that no person should cause
or permit a minor to handle explosives.
The Firearms Act was amended to ensure that any child prosecuted for a
crime or misdemeanour is assisted by Counsel.
The Explosives Act was amended to provide that no person should cause
or permit a minor to handle explosives.
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The Gaming Act was amended to ensure that no pool promoter or agent of
a pool promoter or collector or bookmaker or pari mutuel organiser
transacts any business with a minor. Any such transaction may be
voidable at the request of the minor.
The
Juvenile Offenders Act was amended to restrict the circulation of
reports of all proceedings taken in juvenile courts.
The National Adoption Council was amended to provide that adoption of
a Mauritian child by a non-citizen would only be approved after
considering all other possibilities of adoption in the country.
The Pawnbrokers Act was amended to prohibit pawn broking with a minor.
The pesticides Control Act was amended to prohibit the employment of a
person aged 18 outside the presence of his parent or guardian unless
such parent/guardian cannot be contacted within a reasonable time or
fails to call at the police station.
The Pharmacy Act was amended to prohibit sale to a minor of any poison
specified in the schedule to the act.
The Police Act was amended to prohibit the issue of a license to
employ a minor for security or protection services.
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The Probation of Offenders Act was amended to provide:
that where any person below the age of 18 is apprehended by the
police,
the
police
officer shall immediately take all reasonable steps to inform the
parents or
guardian of the child
or and the place where the child may be see
no statement should be recorded form an apprehended person below the
age
of 18
outside the presence
of his parent or guardian unless such
parent/guardian
cannot
be contacted within a
reasonable time or fails to call
at the police
station.
The Reform Institutions Act was amended to ensure that religious
instructions be given to detainees who so consent or whose responsible
parties consent.
The Registration of Associations Act was amended to provide that a
minor with the written permission of his responsible party be admitted
as a member of a registered association. No minor is to be
appointed to the committee or as an officer of a registered
association.
The Shops Act was amended to provide that no child of an occupier
should be employed or allowed to serve customers where the child is
below the age of 15 years.
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The Stage Plays Act was amended to prohibit the admission of any minor
to a public place where a stage play is being performed when such
admission takes place in contravention of a conditions imposed by a
board of censors.
The Criminal Code (Amendment) Act (Annex 4) was enacted on 22 May 1998
providing that
Any person who has the custody of a minor fails to notify to any
person who has the right to visit or lodging with respect to the child
by virtue of a judgement, of any change of address shall commit an
offence
Section 268 - Any person who fails to represent a minor to the person
who has the right to claim the minor shall commit an offence which
carries penalty of imprisonment not exceeding one year and a fine not
exceeding Rs5000.
Any parent who abandons for more than two months the family residence
and eludes part of his or her moral responsibility commits an offence
punishable by two years of imprisonment and Rs10,000 fine.
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Failure to pay alimony by any person who has judicially been ordered
to pay alimony during two months will be an offence punishable by two
years imprisonment and a fine of Rs10,000.
A father or mother who through ill treatment, pernicious examples, of
habitual drunkenness or notorious ill conduct, lack of care seriously
endangers the health, security or morality of minor children will be
liable to two year imprisonment and fine of Rs10,000
Section 263 - Any person who abandons a child under 14 in a secluded
spot is liable to five years imprisonment and fine not exceeding
Rs25,000
Section 264 - where any child under the age of 7 has been exposed or
abandoned in a secluded spot by father, mother, guardian or teacher,
the offence is punishable by a term of imprisonment not less than two
years and not more than ten years and a fine of up Rs10,000. If
the child is abandoned in a place that is not secluded is an offence
liable to a minimum mandatory one year imprisonment and find of not
less than Rs1000.
Any person who has sexual intercourse with a specified person even
with consent commits an offence. Any person who consents to an
indecent act even with consent and without violence commits an
offence. A specified person is a child whatever its age or a
mentally handicapped person living under the same roof as the person
charged or who is the child of the partner of the person charged.
Section 228 was amended to provide for more severe sentence when a
victim of an assault with an aggravating circumstances is a minor
under the age of 16 or a physically or mentally handicapped person.
The person convicted is punishable by a mandatory term of imprisonment
not less than two years. Both the possibilities of a conditional
discharge and a probation order have been excluded.
Section 230 refers to simple assault of a minor or a physically or
mentally handicapped person. The minimum sentence is
imprisonment not less than three months. The possibility of a
conditional discharge and a probation order has been excluded.
Section 231 has been amended to extend the application of the severest
penalties prescribed under sections 228 and 229 of the Criminal Code
wherever any offence is committed upon the spouse of the offender or
upon any person with whom he has been living maritally or upon any
minor child of such a person.
Section 249 has been amended to make it an offence to have sexual
intercourse with any minor irrespective of sex who is under 16 or with
a mentally handicapped person even with their consent. Further a
higher penalty has been provided where the victim is a child or
mentally handicapped person living under the same roof as the offender
is or where the victim is the child of the offender's partner.
Before this amendment only cases of sexual abuse against girls were
punishable, as the law did not mention boys.
Section 250 was amended to provide that where the victim of sodomy or
bestiality is either a minor or a physically or mentally handicapped
child, the punishment should be a minimum of two years imprisonment.
Both the possibilities of a conditional discharge and a probation
order are excluded.
Section 251 was amended to make the penalty for any offence in
relation to debauchery or corruption of a youth to be a term of
imprisonment of not less than five years. Where the guardian has
committed the offence or any person entrusted with the care of the
youth, the term of imprisonment will not be less than two years and
not more than eight years.
Section 253 which deals with the procuring, enticing and exploiting of
a prostitute was amended to extend such a criminal offence to any
person who draws any benefit from the prostitution of another person
or who shares the earnings or received money form a prostitute.
The sentence is imprisonment not exceeding two years and not more than
ten years and fine not exceeding Rs10,000.
Under Section 254, the offence of sexual harassment was introduced.
A person who, by abuse of the authority conferred upon him by his
functions, threatens or constraints another person so as to obtain
that person's sexual favour is punishable by imprisonment not
exceeding two years and a fine of up to Rs100,000. Where the
victim is a minor or a mentally handicapped child, the minimum term of
imprisonment shall be one year and fine not exceeding Rs100,000.
Section 303 of the Criminal Code was amended to provide a minimum term
of imprisonment of two years in case a minor or a physically or
mentally handicapped person is wounded by a person using an offensive
weapons whilst committing larceny. The possibility of
conditional discharge or probation order has been excluded.
Under Section 262, a person who incites a child's parent to abandon
the child for pecuniary gains commits an offence as well as the
intermediates acting for gains in relation to such abandonment in
relation to the adoption of a child.
Section 303 - A person who despite being warned harbour a minor whom
he knows to be absent from his domicile without permission will be
liable to a fine not exceeding Rs10,000 or imprisonment not exceeding
5 years.
Section 304 - Where a minor or a physically or mentally handicapped
person is assaulted by a person committing larceny by means of
breaking into a dwelling house at night, the minimum mandatory term of
imprisonment shall be two years. Section 305 was amended to
provide for a mandatory minimum term of two years imprisonment in all
cases where a minor or a physically or mentally handicapped person is
the victim of a larceny committed in the following aggravating
circumstances:
An offensive weapon has been used
Two or more persons commit the larceny
The larceny has been accompanied by the use of
violence
The larceny is committed in a dwelling house and with the use of
threatsto commit bodily harm
The larceny is committed on a public road
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In all cases where a minor or a physically or a mentally handicapped
person is the victim of a larceny committed with the use of violence,
Section 310 provides for a penalty of minimum two year imprisonment.
Section 330 has been amended to provide that where in cases of
swindling the victim is a minor or a physically or mentally
handicapped person, the minimum sentence shall be a term of
imprisonment not less than two years and a fine of not less than
Rs10,000.
Section 343 has been amended to provide that where a deceived
purchaser is a minor below the age of 16 or a mentally handicapped
person, the punishment shall be a minimum mandatory penalty of not
less than three months imprisonment and a fine not less than Rs1000.
The
Criminal Code (Supplementary) amendment Act (Annex 5) was passed on 22
May 1998, making provisions as follows:
A person who despite being warned harbours a minor whom he knows to be
absent from his domicile without permission will be liable to a fine
not exceeding Rs10,000 or imprisonment not exceeding 5 years.
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A person who sells, lends, hires or distributes to a minor or exposes
or allows to be exposed to the view of a minor any obscene matter
shall commit an offence liable to imprisonment not less than 3 months
and not exceeding 2 years and a fine of Rs25,000. The
possibility of a conditional discharge or a probation order has been
removed.
Section 90 - The law concerning persons who deal with brothel keeping
was amended and the fine increased from Rs3000 and imprisonment not
exceeding one year to Rs100,000 and imprisonment not exceeding five
years. Where a person in relation to premises used as a brothel
permits a minor to use premises he shall be liable on conviction to be
sentence to a minimum of two years imprisonment.
In 1999, the Civil Code (Code Napoleon) (Annex) was amended to provide
for the following rights
New sections 388-1 and 388-2 were added to provide that any child who
is capable of discernment might apply to be heard in court in any case
which concerns him or her. In same way, the judge may designate
a person to represent the interest of the child when the latter's
interest seems to be in opposition to those who represent him in a
case.
Section 221-1, 221-2 and 221-3 have been added to the Code to provide
that in a case where a parent misuses or wastes the resources of the
family and puts the family at risk, the Judge in Chambers may issue an
order to restrict such misuse. For instance a father who gambles
and puts at risk the sustainability of his family may be issued an
order by the Judge to prevent him from engaging in such acts.
To protect the rights of minors as far as property is concerned.
Before the enactment of the act, the father could as the legal
administrator of the property of the minors sign a security for a
third person and engage his and his children's property without
seeking the consent of the other spouse. With the amendments
introduced in the Code, the consent of both parents is now required.
In May 1997, the Protection from Domestic Violence Act [Annex 7] was
enacted and in August it was proclaimed partly. In March 1998,
it was proclaimed fully. The aim of the act is to protect
spouses and children from violence at home.
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LEGISLATION FOR WOMEN
The Constitution of Mauritius guarantees the equality of all citizens
and the respect of fundamental rights and freedom. In 1995, the
Constitution was amended to make sex discrimination illegal.
Other achievements in terms of legislation in favour of gender
equality are summarised below:
Since 1981, the Code Napoleon has undergone major changes. Women are
no longer minors nor their husband's chattel. This implies that
a woman can choose her profession, set up a business, open accounts
or borrow without the permission of her husband.
Women have the right to now choose their matrimonial regime.
Under ‘separation des biens' both spouses retain and manage their
wealth and property separately. Under ‘communauté des biens" the
man remains the head of the community and has exclusive control over
those goods forming part of the community. However, the woman
retains the right to manage that part of her wealth which does not go
into the community. Other provisions under ‘communauté' ensure
that she does not become destitute by losing the house of her
husband's heirs. She can enjoy the usufruct of her deceased
husband's estate.
Divorce can now be granted on the grounds of faute or rupture de vie
commune.
However, divorce by mutual consent is not yet recognised.
Both spouses have joint responsibility over the family.
They have equal rights, obligations and responsibilities towards each
other. They have a duty to cohabit though they can retain
separate domiciles. However, the welfare of the child is
primordial in deciding about his custody.
Parental authority is shared
and the welfare of the child is now paramount in deciding about
custody. However, the law provides that if the child is of
tender age and breast fed, the mother gets immediate care and
control over same. In most cases, except where the child's
welfare is at stake, any child under the age of 5 years goes to the
mother. After a social enquiry report from the Probation
Officer, the Court decides for the right of visit/or droit
d'hébergement as regards the other party.
In cases of divorce, custody, access to children, alimony,
provision is made in law that for any unemployed woman or
if employed and earning less than Rs. 3,500.- free legal aid is being
provided by the State. She should not be the owner of any
immovable property exceeding Rs. 50,000.- in value.
The official age for marriage is 18 years.
The age of consent for marriage has been raised from 12 to 16.
However, a female of 16 but under the age of 18, may with her parents'
consent, contract civil marriage.
Any person having sexual intercourse with a female under 16 years
commits a criminal office
even if the alleged convict maintains that there had been consent.
A woman, after marriage is permitted by law to keep her surname,
or may use both hers and that of her spouse. The husband may use
that of his spouse if he so wishes.
The Labour and Industrial Relations Acts and the National Remuneration
Orders and the Export Processing Zone Acts guarantee the equality
of men and women with respect to the individual's constitutional right
to work and protection from unlawful dismissal. The Labour
Acts also contain specific provisions applicable to women only,
concerning child birth, maternity leave, the nursing of unweaned
children and restrictions on night work. However, there is no
legislation, which guarantees the principle of equal pay for equal
work.
The National Pensions Act was amended in 1987 to waive out the
discrepancy between men and women concerning the payment of a lump
sum to the surviving spouse should the insured person die before 60,
the official age for retirement. Private pension and life insurance
schemes had already adopted the notion of spouse rather than that of
husband and wife to get over this problem.
In 1979, the Income Tax Act was amended to allow married women
drawing emoluments to elect to be assessed separately from their
husbands, irrespective of their matrimonial regime. However,
they could only deduct their personal allowances, pension
contributions, life insurance premiums, and interest paid on secured
loans and mortgages from their taxable income. In 1992, the
Act was again amended to allow women to deduct the contributions to an
approved medical scheme. In 1993, their financial
contributions to the upkeep of the children was finally recognised.
The deduction for dependent children can now be made by either spouse
by mutual consent. The Act was also amended to allow
self-employed married women to elect to be assessed separately in the
same way as those drawing emoluments.
Provision has now been made for a woman who is the head of the
household to deduct for her spouse if for example the latter is
unemployed, incapacitated, etc.
In 1990, the Jury Act was amended to enable women to sit as jurors.
Previously, according to the Mauritius Citizenship Act, only a male
citizen marrying a foreigner retained all his legal rights, for
example that of transmitting the Mauritian nationality to his children
regardless of where they were born, the obtention of the Mauritian
nationality for his spouse immediately after marriage, etc. among
others. Such rights were not allotted to a female citizen
marrying a foreigner. This discrepancy has been reviewed when
the law was amended in May 1995 to grant female citizens the same
privilege as men.
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The Protection from Domestic Violence Act was enacted in May 1997 for
the protection of spouses against domestic violence. It aims at
reducing and preventing domestic violence and at ensuring that where
such violence occurs, there is effective legal protection. The act
provides for the issue of
:
Protection Orders
- which restraints
the abuser from further violence and orders him to be of good conduct;
the order can last for a period not exceeding 24 months;
Occupancy Orders
- which grants
exclusive rights to the victim to live in the residence, which may
belong to the victim or the abuser or both. This order may last
for a maximum of 24 months;
Tenancy Order
- which give the victim the exclusive
right to occupy a rented house and if the abuser rents the house, he
would pay the rent.
In determining the order, the court must consider the need to ensure
that
the victim is protected from domestic violence, the welfare of any
child
affected or likely to be affected, the accommodation needs of the
aggrieved
spouse and her children and any hardship caused to the respondent
spouse and her children.
The Criminal Code has been amended in 1998 to increase penalties for
offences against children, including sexual abuse. The offence
of sexual harassment has been introduced and penalties are
provided for abandonment of pregnant spouse, failure to pay alimony
etc.
A Sex Discrimination Act has been passed in the National Assembly in
December 2002.
The objectives of the Act are mainly to:
give effect to certain provisions of the Convention on the Elimination
of All
forms
of Discrimination Against Women.
eliminate, discrimination against persons on the ground of
(i)
Sex
(ii)
Marital status
(iii)
Pregnancy or potential pregnancy in the areas of employment,
education health care, accommodation insurance, pension
(iv)
The provision of goods, services and facilities
(v) The
disposal of land
(vi) Association
and partnership
(vii) The
activities of clubs
(viii) Sports
and professions;
eliminate discrimination involving dismissal of employees on the
ground of
family
responsibilities
eliminate discrimination involving sexual harassment in the workplace,
in education institutions and in other areas of public activity
to promote recognition and acceptance within the community of
the principle of the equality of men and women
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THE
OMBUDSPERSON FOR CHILDREN ACT 2003
ARRANGEMENT OF SECTIONS
1.
Short
title
2.
Interpretation
3.
Establishment
of the office of Ombudsperson for Children
4.
Appointment
of Ombudsperson for Children
5.
Objects
of the office of the Ombudsperson for Children
6.
Powers
and functions of the Ombudsperson for Children
7.
Investigation
8.
Protection
of witnesses
9.
Immunity
from legal proceedings
10.
Staff of the office of the
Ombudsperson for Children
11.
Report of Ombudsperson for
Children
12.
Regulations
13.
Commencement
An Act
To provide for the establishment of an office of Ombudsperson for
Children and for matters
related thereto
ENACTED by the Parliament of Mauritius, as follows -
1. Short title
This Act may be cited as the Ombudsperson for Children Act 2003.
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 the 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.
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3. Establishment
of the office of Ombudsperson for Children
There is established for the purposes of this Act the office of
Ombudsperson for Children.
The Ombudsperson for Children shall be a person who has a wide
knowledge of the issues and the law relating to children in Mauritius.
The Ombudsperson for Children shall take before the President the oath
specified in the Schedule before assuming the duties of his office.
4. Appointment of
Ombudsperson for Children
The Ombudsperson for Children shall be appointed by the President of
the Republic, acting after consultation with the Prime
Minister, the Leader of the Opposition, the Minister and such other persons as he considers appropriate.
An appointment under subsection
(1) shall be subject to such terms and conditions as
the President may determine.
The Ombudsperson for Children shall hold office for 4 years and shall
be eligible for reappointment for only a second term of 4 years.
The President may remove the Ombudsperson for Children from office for
inability to perform the functions of his office, whether arising
from infirmity of body and mind or any other cause, or for misbehaviour.
The Ombudsperson for Children shall not engage in any trade, business,
profession or
political activity.
5.
Objects of the office of the Ombudsperson for
Children
The Ombudsperson for
Children shall -
(a)
ensure that the rights, needs and interests of children are given full consideration
by public bodies, private authorities, individuals and associations
of individuals.
(b)
promote the rights and best
interests of children;
(c)
promote compliance with the
Convention.
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6.
Powers and functions of the Ombudsperson for Children
In carrying out the duties of his
Office, the Ombudsperson for Children shall -
(a) make proposals to the Minister on
legislation, policies and practices regarding services to, or the rights of, children;
(b) advise the Minister on public and
private residential placement facilities and
shelters established for the benefit of children;
(c)
advise public bodies and other institutions responsible for providing
care
and other services to children on the
protection of the rights of
children;
(d) take such steps as he may deem necessary
to ensure that children under
the
care of, or supervision of, a public body are treated fairly,
properly and
adequately;
(e)
propose measures to ensure that the legal rights of children in care
are
protected and that the placement facilities promote the safety of
children
and
conform with such norms as the Ombudsperson for
Children may, from
time to
time, recommend;
(f)
initiate an investigation whenever the Ombudsperson for Children
considers
that
there is, has been or is likely to be, a violation of the rights of a
child;
(g)
investigate cases relating to the
situation of children in the family, in
schools and in all other institutions,
including private or public bodies, as
well
as cases of
abandoned children or street children;
(h)
investigate any suspected or
reported case of child labour;
(i)
investigate cases concerning a child who is a citizen of
Mauritius and who
may
be abroad at the time of the investigation, or a child who is not a
citizen of Mauritius but who is residing in Mauritius;
(j)
investigate complaints made by a child, or
any other person, in relation to
the
rights of any child;
(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,
non-governmental
as well as governmental organisations, local
authorities and
any other
stakeholders committed to the
promotion of children's rights.
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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 assess
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).
(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.
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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.
9.
Immunity from legal proceedings
No liability, civil or
criminal, shall lie against the Ombudsperson for Children, or any
member of the staff of the Ombudsperson for Children, in respect of
anything which is done, or purported to be done, in good faith
under this Act or in respect of the publication, by or under the
authority of the Ombudsperson for Children, of any report, proceedings
or other matter under this Act.
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10.
Staff of the Ombudsperson for Children
The Secretary for Public Service Affairs
shall make available to the Ombudsperson for Children such
administrative and other staff as the Ombudsperson for Children may
require.
(1) The Ombudsperson for Children shall, not later that 30 September
in each
year, submit a report on its activities during
the preceding year, to the
President.
(2) Notwithstanding subsection
(a) the Ombudsperson for Children may at any other time,
submit a special
report on any matter which, in his
opinion, is of such urgency or
importance that it should not be delayed until
submission of an annual
report to the President.
(3) The President shall cause every report sent to him under this
section to be
laid before the
Assembly within one month of its submission.
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.
13.
Commencement
This Act shall come into operation on a date to be fixed by
Proclamation.
Passed by the National Assembly on the twenty first day of October two
thousand and three
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