Mauritius weighs lowering age for criminal responsibility
Government considers prosecuting 12-year-olds after recent riots, but experts cite concerns about system capacity and child welfare.
The Mauritian government is considering lowering the age of criminal responsibility to 12 years old, a move prompted by recent riots where minors were among those arrested. Currently, under the Children’s Act 2020, individuals under 14 cannot be prosecuted. The Cabinet discussed the proposal on October 14, deciding to establish a parliamentary Select Committee for further consultation.
Police reported that 16 minors were among the 151 people arrested during the unrest. However, legal experts note that any change would only apply to future cases due to constitutional protections against retroactive punishment. Past court rulings, including cases from 2010 and 2013, have highlighted significant delays within the Mauritian justice system, raising concerns about the impact of prolonged legal processes on young offenders.
Child-rights bodies and experts advise against lowering the age, with the UN Committee on the Rights of the Child recommending a minimum age of 14. They warn that early contact with the justice system can be detrimental to developing children. The proposed reform would also necessitate changes to the existing Children's Court system, which is designed for individuals aged 14 and above, requiring staff training and facility adjustments.
Why it mattersThe government's consideration of prosecuting 12-year-olds could lead to more children entering a justice system already struggling with delays and potentially harm their development.