Human rights in Madagascar
Encyclopedia
Human rights in Madagascar
Madagascar
The Republic of Madagascar is an island country located in the Indian Ocean off the southeastern coast of Africa...

are protected under the constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...

. However the extent to which such rights are reflected in practice, is subject to debate. The 2009 Human Rights Report by the United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...

 noted concerns regarding the suspension of democratic electoral processes as the result of recent political unrest. Furthermore, reports of corruption
Political corruption
Political corruption is the use of legislated powers by government officials for illegitimate private gain. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is not considered political corruption. Neither are illegal acts by...

, arbitrary arrest and child labor
Child labor
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries...

 highlight the prevalence of human rights issues in the country.

Constitution and statutory responses

Adopted in 1992, the Constitution of Madagascar
Constitution of Madagascar
The constitution of Madagascar was adopted on 19 August 1992 after the first free elections in 17 years of single party rule.On November 22, 2010, the electoral commission of Madagascar announced that a new constitution had been endorsed in a referendum by 74 percent of voters. It put voter turnout...

 addresses the notion of universal suffrage
Universal suffrage
Universal suffrage consists of the extension of the right to vote to adult citizens as a whole, though it may also mean extending said right to minors and non-citizens...

, individual rights and the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...



Laws regarding a minimum age for employment as well as the prohibition of child labor were passed

Participation in basic human rights treaties

UN core treaties Participation of Madagascar AU core treaties Participation of Madagascar
Convention on the Elimination of All Forms of Racial Discrimination
Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination is a United Nations convention. A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races...

Ratified in 1969 African Charter on Human and Peoples' Rights Ratified in 1992
International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

Ratified in 1971 African Charter on the Rights and Welfare of the Child Ratified in 2005
First Optional Protocol
First Optional Protocol to the International Covenant on Civil and Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...

 (ICCPR)
Ratified in 1971 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa Signed in 2004
Second Optional Protocol
Second Optional Protocol to the International Covenant on Civil and Political Rights
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty is a side agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989, and entered into force on 11 July 1991. As of...

 (ICCPR)
Not signed . .
International Covenant on Economic, Social and Cultural Rights
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976...

Ratified in 1971 . .
Convention on the Elimination of All Forms of Discrimination Against Women
Convention on the Elimination of All Forms of Discrimination Against Women
The Convention on the Elimination of all Forms of Discrimination against Women is an international convention adopted in 1979 by the United Nations General Assembly....

Ratified in 1989 . .
Optional Protocol
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women...

 (CEDAW)
Signed in 2000 . .
United Nations Convention Against Torture
United Nations Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....

Ratified in 2005 . .
Optional Protocol (CAT) Signed in 2003 . .
Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...

Ratified in 1991 . .
Optional Protocol on the Involvement of Children in Armed Conflict
Optional protocol on the involvement of children in armed conflict
The United Nations General Assembly adopted the Optional protocol on the involvement of children in armed conflict to the Convention on the Rights of the Child in Annex I of a resolution on 25 May 2000.The protocol came into force on 12 February 2002....

 (CRC)
Ratified in 2004 . .
Optional Protocol on the sale of children, child prostitution and child pornography (CRC) Ratified in 2004 . .
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families Not signed . .
Convention on the Rights of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...

Signed in 2007 . .
Optional Protocol
Optional Protocol to the Convention on the Rights of Persons with Disabilities
The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008...

 (CRPD)
Signed in 2007 . .

Censorship

Accusations of media censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...

 have risen due to the alleged restrictions on the coverage of government opposition. During the leadership conflict, Ravalomanana ordered the closure of "Viva TV", which was owned by his opponent, Rajoelina.

Equality

Women's suffrage was officially recognized in 1959. However violence against women
Violence against women
Violence against women is a technical term used to collectively refer to violent acts that are primarily or exclusively committed against women...

 and human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...

 continues to be an issue in society

Legal system

The existence of key legal principles such as the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...

 and due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...

, is in question due to the increase in arbitrary and politically motivated arrests in the aftermath of the 2009 political unrest.

External links


External links

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