Madagascar has ratified the following documents:
- African (Banjul) Charter on Human and People's Rights
- Convention on Elimination of All Forms of Discrimination Against Women
- Convention on the Rights of the Child
- International Convention on Elimination of All Forms of Racial Discrimination
- International Covenant Economic, Social and Cultural Rights
- International Covenant on Civil and Political Rights
The following documents further define the obligations of Madagascar:
The documents listed above require Madagascar to protect and promote the following rights:
Right to development
Right to education
Right to equal protection of the law
Right to highest attainable standard of physical and mental health
Right to housing
Right to just and favorable work conditions
Right to liberty and security of the person
Right to life and survival
Right to marry and found a family
Right to non-discrimination on grounds of age
Right to non-discrimination on grounds of disability (i.e. HIV positive)
Right to non-discrimination on grounds of marital status
Right to non-discrimination on grounds of race and ethnicity
Right to non-discrimination on grounds of sex and gender
Right to non-discrimination on grounds of sexual orientation
Right to private and family life
Right to receive and impart information
Right to the benefits of scientific progress
Constitutional Protection of Rights
The Constitution of Madagascar can be viewed at http://www.oefre.unibe.ch/law/icl/ma00000_.html
The Constitution of Madagascar is an important tool for the protection and promotion of human rights.
The Constitution enables Madagascar to translate international agreements into domestic law, and obliges all branches of government to respect and ensure the rights it enunciates. It refers to the Universal Declaration of Human Rights, the African Charter on Human and People's Rights, and the Convention on the Rights of the Child (preamble).
The Constitution provides for the protection of the following rights, among others. This empowers individuals in making reproductive health decisions, and helps create the economic and social conditions conducive to good sexual and reproductive health.
Right to education (art. 23)
Right to the equal protection of the laws (art. 8)
Right to enjoy the benefits of scientific progress (art. 26)
Right to freedom of association (art. 10)
Right to freedom of enterprise (art. 37)
Right to freedom of movement (art. 12)
Right to health (art. 19)
Right to non-discrimination on grounds of race (art. 8)
Right to non-discrimination on grounds of sex (art. 8)
Right to own private property (art. 34)
Right to receive and impart information (art. 11)
Right to work (art. 27)
The Constitution includes other provisions that promote and protect rights relevant for good sexual and reproductive health.
It explicitly requires Madagascar to provide citizens with the means to ensure their physical, moral, and intellectual development (art. 17, art. 22).
What does that entail? This provision seems to broadly mandate the State to adopt measures in all fields that enable individual development. This may cover policies in the field of public health, education, credit, real property. Whether it requires Madagascar to intervene in the sphere of private life to protect individuals against conditions harmful to their development (e.g., physical and sexual abuse, domestic violence) requires additional research. For additional research or information, please contact the Human Rights Working Group.
It obliges Madagascar to protect the family, motherhood, and childhood (art. 21).
It requires Madagascar to provide for the needs of those unable to work due to age or disability (art. 30).
How can this be used? Whether this provision applies to persons living with or affected by HIV/AIDS requires additional research. For further research or information, please contact the Human Rights Working Group.
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