measures a society or a State can afford to tlie family
may vary from country to country and depend on dif
ferent social, economic, political and cultural condi
tions and traditions.
9.2 Ф) 2 (ii) 2 Again, however, the principle of
equal treatment of the sexes applies by virtue of articles
2 (1), 3 and 26, of which the latter is also relevant
because it refers particularly to the "equal protection of
the law". Where the Covenant requires a substantial
protection as in article 23, it follows from those provi
sions that such protection must be equal, that is to say
not discriminatory, for example on the basis of sex.
with opportunity should infringe the principle of sexual
equahty.
9.2 (c) 3 However, there is no information before
the Committee to the effect that any of this has actually
happened in the present cases. As regards Mrs.
Aumeeruddy-Cziffra, who is actively participating in
political life as an elected member of the legislative
assembly of Mauritius, she has neither in fact nor in law
been prevented from doing so. It is true that on the
hypothesis that if she were to leave the country as a
resuU of interference with her family situation, she
might lose this opportunity as well as other benefits
which are in fact connected with residence in the coun
try. The relevant aspects of such interference with a
family situation have already been considered, however,
in connection with article 17 and related provisions
above. The hypothetical side-effects just suggested do
not warrant any finding of a separate violation of article
25 at the present stage, where no particular element re
quiring additional consideration under that article
seems to be present.
9.2 (b) 2 (ii) 3 It follows that also in this line of
argument the Covenant must lead to the result that the
protection of a family cannot vary with the sex of the
one or the other spouse. Though it might be justified for
Mauritius to restrict the access of aliens to their territory
and to expel them therefrom for security reasons, the
Committee is of the view that the legislation which only
subjects foreign spouses of Mauritian women to those
restrictions, but not foreign spouses of Mauritian men,
is discriminatory with respect to Mauritian women and
cannot be justified by security requirements.
10.1 Accordingly, the Human Rights Committee
acting under article 5 (4) of the Optional Protocol to the
International Covenant on Civil and Pohtical Rights, is
of the view that the facts, as outlined in paragraph 7
above, disclose violations of the Covenant, in particular
of articles 2 (1), 3 and 26 in relation to articles 17 (1)
and 23 (1) with respect to the three co-authors who are
married to foreign husbands, because the coming into
force of the Immigration (Amendment) Act, 1977, and
the Deportation (Amendment) Act, 1977, resulted in
discrimination against them on the ground of sex.
9.2 (b) 2 (ii) 4 The Committee therefore finds that
there is also a violation of articles 2 (1), 3 and 26 of the
Covenant in conjunction with the right of the three mar
ried co-authors under article 23 (1).
9.2 (c) 1 It remains to consider the allegation of a
violation of article 25 of the Covenant, which provides
that every citizen shall have the right and the opportun
ity without any of the distinctions mentioned in article 2
(inter alia as to sex) and without unreasonable restric
tions, to take part in the conduct of pubhc affairs, as
further described in this article. The Committee is not
called upon in this case to examine any restrictions on a
citizen's right under article 25. Rather, the question is
whether the opportunity also referred to there, i.e. a de
facto possibility of exercising this right, is affected con
trary to the Covenant.
10.2 The Committee further is of the view that there
has not been any violation of the Covenant in respect of
the other provisions invoked.
10.3 For the reasons given above, in paragraph 9
(a), the Committee finds that the 17 unmarried co
authors cannot presently claim to be victims of any
breach of their rights under the Covenant.
9.2 (c) 2 The Committee consiaers that restrictions
estabhshed by law in various areas may prevent citizens
in practice from exercising their political rights, i.e.
deprive them of the opportunity to do so, in ways which
might in certain circumstances be contrary to the pur
pose of article 25 or to the provisions of the Covenant
against discrimination, for example if such interference
11. The Committee, accordingly, is of the view that
the State party should adjust the provisions of the Im
migration (Amendment) Act, 1977 and of the Deporta
tion (Amendment) Act, 1977 in order to implement its
obligations under the Covenant, and should provide im
mediate remedies for the victims of the violations found
above.
71
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