Human Rights Law at Madagascar
Human rights law in Madagascar is governed by both international human rights treaties to which the country is a party and its national legal framework, including the Constitution and various laws.
1. Constitutional Framework
Madagascar’s Constitution of 2010 is the primary source of human rights protections at the national level. Key provisions include:
Title II: Focuses on the fundamental rights, freedoms, and duties of citizens.
Civil and political rights: Freedom of speech, freedom of assembly, and due process are recognized.
Economic, social, and cultural rights: Includes rights to health, education, and work.
2. International Human Rights Commitments
Madagascar is party to several major international human rights instruments, including:
Universal Declaration of Human Rights (UDHR) – not legally binding, but influential.
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
African Charter on Human and Peoples' Rights – regional commitment under the African Union.
3. Institutions
National Independent Human Rights Commission (CNIDH): Established to monitor and promote human rights, though its independence and effectiveness have been questioned.
Courts: The judiciary is supposed to safeguard constitutional rights, though it has faced issues with independence and access.
4. Challenges and Concerns
Despite legal protections, Madagascar faces persistent human rights challenges:
Judicial corruption and inefficiency
Gender-based violence and limited protections for women
Child labor and lack of enforcement of child protection laws
Arbitrary arrests and pre-trial detention
Freedom of press and assembly sometimes restricted
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