Miss Universe Mauritius 2024: A landmark in the legal battle for transgender equality

Author: Lakshita Kanhiya
Pan-Africa ILGA

The historic participation of Jeanny Michelle Karla Fanfan as the first transgender woman in Miss Universe Mauritius 2024 marks a significant milestone in the fight for transgender rights and inclusivity in Mauritius.^[1] This moment not only symbolises progress within the realm of beauty pageants but also serves as a powerful platform to discuss the broader legal, social, and human rights challenges faced by transgender persons in Mauritius. As a general observation, the legal recognition and protection of transgender rights in Mauritius remain areas of significant concern, reflecting a broader global struggle for equality and non-discrimination.

Jeanny Michelle Karla Fanfan, a trailblazer in the Mauritian LGBTQ+ community, has made a name for herself through her active involvement in organisations such as the Young Queer Alliance and Association VISA-G.^[2] Her participation in Miss Universe Mauritius 2024 has garnered significant attention, sparking discussions on the legal recognition of transgender persons and the broader human rights issues they face. The participation of a transgender woman in such a high-profile event is a breakthrough in a society where transgender persons have historically faced severe discrimination, stigmatisation, and legal obstacles. Despite these challenges, the visibility of transgender persons like Jeanny in national and international platforms has become a beacon of hope for many, advocating for the legal recognition and protection of transgender rights in Mauritius.

The legal landscape for transgender persons in Mauritius is complex and, in many respects, inadequate. The absence of comprehensive legal recognition and protection for transgender persons is evident in various aspects of Mauritian law, particularly concerning gender identity and expression.^[3] The Civil Status Act of 1981 is the primary legal framework governing civil registration in Mauritius. The Civil Status Act outlines the procedures for amending entries in the civil registry, including names on birth certificates, identity cards, and passports but does not provide clear provisions for the legal recognition of gender identity for transgender persons. Section 50(1) of the Act allows for the ‘rectification or cancellation of an entry’, while section 8B(2) grants the Registrar of Civil Status the responsibility of maintaining the Central Population Database, which includes personal data such as names and gender markers. Furthermore, Section 51(1) empowers the Attorney General^[4] to challenge or request amendments to civil registry entries. This legal framework provides the administrative tools and procedures necessary for transgender persons to seek changes in their legal documents that reflect their gender identity.

One of the main challenges faced by transgender persons in Mauritius is the inconsistency in the application of the law. While the legal framework theoretically allows for name changes, the process is often cumbersome, bureaucratic, and fraught with delays. For instance, Jeanny Michelle Karla Fanfan faced a two-year delay after her initial request for a name change was denied.^[5] It was only after persistent efforts and a second application in 2020 that her request was approved by the Attorney General, leading to the subsequent amendment of her documents by the Civil Registry in 2022.^[6] The process for name changes involves not only the publication of a notice in newspapers but also a police investigation, which includes questioning about the person’s hormone intake and medical history related to gender transition. These intrusive procedures have been criticised for violating the privacy and dignity of transgender persons, further exacerbating the stigma and discrimination they face.

The current legal framework does not allow for the alteration of the sex/gender marker on official documents such as birth certificates and national identity cards, leaving transgender persons in a legal vacuum.^[7] This gap creates significant challenges in daily life, as individuals are forced to navigate public and private spaces where their identity is constantly questioned and invalidated. While the Civil Status Act does allow for name changes, it does not extend this flexibility to gender markers, which has severe implications for the rights and daily lives of transgender persons. The inability to change one’s gender marker on legal documents can lead to a range of human rights violations, including discrimination in employment, education, healthcare, and social services, and refusal to grant such recognition constitutes a violation of human rights, including the rights to bodily and mental integrity, autonomy, and self-determination.^[8]

The provision of gender-affirming care in Mauritius, although available, is limited and often inaccessible to many transgender persons due to cost and lack of legal recognition. While hormone therapy is provided in public hospitals, the absence of a legal framework that permits the alteration of gender markers on official documents leaves transgender persons in a precarious situation, often leading to legal and social invisibility. This gap in the law is exacerbated by the fact that Mauritius does not currently allow for sex reassignment surgery, further restricting the legal recognition of transgender identities​.^[9] Moreover, the lack of comprehensive healthcare policies that cater specifically to the needs of transgender persons further complicates their access to essential services, thereby violating their right to health as enshrined in international human rights law.^[10]

The lack of explicit anti-discrimination protections based on gender identity in Mauritian law heightens the vulnerabilities of transgender persons, as the Equal Opportunities Act, despite its aim to combat discrimination, does not specifically address gender identity, leaving transgender persons without sufficient legal recourse. However, the Workers’ Rights Act of 2019, which replaced the Employment Rights Act of 2008, represents a more modern and comprehensive legislative framework, explicitly prohibiting discrimination in employment based on sexual orientation and gender, and offering protection against termination based on these grounds.^[11] This was the first legal document in Mauritius to mention both ‘sexual orientation’ and ‘gender’.

As a result, there is a need for administrative recognition of transgender persons to allow changes in the ‘sex/gender marker’ on identification documents such as the National Identity Card or birth certificates. Additionally, the passing of the Finance Bill in 2023, which includes a provision for registering the sex of a newborn as ‘undetermined’ in cases of birth defects, indicates a potential openness within the government to engage in discussions on broader issues of gender identity. Although this provision is limited in scope, it reflects a growing awareness of the complexities surrounding gender identity and the need for more inclusive policies.

Mauritius is a signatory to several international human rights treaties that obligate the state to protect the rights of all individuals, including transgender persons. These include the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). These treaties mandate the protection of individuals from discrimination and the promotion of their rights to dignity, health, and equality. Furthermore, the Yogyakarta Principles and subsequent Yogyakarta Principles plus 10, which provide guidance on the application of international human rights law in relation to sexual orientation and gender identity, call for states to ensure legal recognition of individuals’ gender identity without imposing intrusive and onerous requirements​. In the African context, Resolution 275 of the African Commission on Human and Peoples’ Rights explicitly calls for the protection of individuals from violence and discrimination based on their real or perceived sexual orientation or gender identity. Despite these obligations, Mauritius has been slow to implement the necessary legal reforms to protect transgender persons adequately. The absence of explicit legal provisions recognising transgender rights in Mauritius can be seen as a failure to fully implement these international obligations. The lack of legal gender recognition, combined with discriminatory practices, contributes to the marginalisation of transgender persons and a denial of their basic human rights​.^[12]

The recognition of transgender persons’ rights, including the right to change their names and gender markers on official documents, is a fundamental aspect of ensuring equality and dignity for all citizens. While Mauritius has made some strides in this area, significant challenges remain, particularly regarding the bureaucratic hurdles and societal stigma that transgender persons continue to face. Jeanny Michelle Karla Fanfan’s participation in Miss Universe Mauritius 2024 is a landmark event that brings to the forefront the urgent need for legal and social reforms to protect and promote transgender rights in Mauritius. While her participation is a step towards greater visibility and acceptance, it also highlights the significant gaps in the legal framework that must be addressed to ensure that transgender persons in Mauritius can enjoy their full human rights without fear of discrimination or marginalisation. For true progress, Mauritius must take concrete steps to implement legal gender recognition, ensure comprehensive healthcare services for transgender persons, and provide robust anti-discrimination protections. Only then can the country move closer to fulfilling its obligations under international human rights law and ensure equality and dignity for all its citizens, regardless of gender identity.

^[1] C Runghen ‘J’aspire à réaliser mon rêve de devenir hôtesse de l’air’ (7 August 2024, L’Express) available at: https://lexpress.mu/s/jaspire-a-realiser-mon-reve-de-devenir-hotesse-de-lair-537161

^[2] C Runghen ‘J’aspire à réaliser mon rêve de devenir hôtesse de l’air’ (7 August 2024, L’Express) available at: https://lexpress.mu/s/jaspire-a-realiser-mon-reve-de-devenir-hotesse-de-lair-537161

^[3] See for instance ‘Trans equality in Mauritius through universal human rights lenses’ (2022) available at: https://youngqueeralliance.com/wp-content/uploads/2022/09/2022.09.23-Trans-Equality-in-Mauritius-through-Universal-Human-Rights-Lenses-FV.pdf

^[4] For more information: https://attorneygeneral.govmu.org/Pages/ChangeofName/chn.aspx#:~:text=%E2%80%8BWHAT%20IS%20A%20CHANGE,our%20Office%20to%20that%20effect

^[5] M Savripène ‘Karla Michelle, transgenre, obtient un changement de nom sur ses documents officiels’ (2022, L’Express) available at: https://lexpress.mu/s/article/414969/karla-michelle-transgenre-obtient-un-changement-nom-sur-documents-officiels

^[6] M Savripène ‘Karla Michelle, transgenre, obtient un changement de nom sur ses documents officiels’ (2022, L’Express) available at: https://lexpress.mu/s/article/414969/karla-michelle-transgenre-obtient-un-changement-nom-sur-documents-officiels

^[7] Policy Brief – Administrative recognition of Trans People in Mauritius available at: https://youngqueeralliance.com/wp-content/uploads/2021/08/2021.07.27-Policy-Brief-Administrative-recognition-of-trans-people-in-Mauritius.pdf

^[8] Policy Brief – Administrative recognition of Trans People in Mauritius available at: https://youngqueeralliance.com/wp-content/uploads/2021/08/2021.07.27-Policy-Brief-Administrative-recognition-of-trans-people-in-Mauritius.pdf

^[9] Policy Brief – Administrative recognition of Trans People in Mauritius available at: https://youngqueeralliance.com/wp-content/uploads/2021/08/2021.07.27-Policy-Brief-Administrative-recognition-of-trans-people-in-Mauritius.pdf

^[10] Trans equality in Mauritius through universal human rights lenses available at: https://youngqueeralliance.com/wp-content/uploads/2022/09/2022.09.23-Trans-Equality-in-Mauritius-through-Universal-Human-Rights-Lenses-FV.pdf

^[11] Section 5(5) of the Workers’ Rights Act.

^[12] Trans equality in Mauritius through universal human rights lenses available at: https://youngqueeralliance.com/wp-content/uploads/2022/09/2022.09.23-Trans-Equality-in-Mauritius-through-Universal-Human-Rights-Lenses-FV.pdf

About the Author:

Lakshita Kanhiya is an advocate from the Global South and Small Island Developing states (SIDS), specialising in religion, sexuality, rule of law, digital age, and climate justice. She blends intersectional advocacy with decolonial perspectives, excelling in strategic litigation, program development, and coalition building. Multilingual and academically accomplished, Lakshita thrives in challenging environments, committed to lifelong learning and justice.