Section 3 of the Mauritian Constitution stipulates the “fundamental” rights and freedom of the individual, provides that “….in Mauritius, there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex…”.

Section 16 which deals with “Protection from Discrimination” states under subsection (1) that “….. no law shall make any provision that is discriminatory either of itself or in its effect”.

Under Subsection (3), “discriminatory” means “….affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, colour, creed or sex”.