Child Rights Group DIS-MOI Fights Plan to Lower Age of Criminal Responsibility

A leading Mauritian child rights organisation has come out strongly against a proposal to lower the age of criminal responsibility from 14 to 12 years old, warning that such a move would be harmful to children and contrary to international child protection standards.

DIS-MOI, one of Mauritius's most prominent non-governmental organisations working on child welfare and human rights, has formally opposed the proposed legislative change. The organisation argues that reducing the age at which a child can be held criminally responsible under the law risks criminalising young children rather than addressing the root causes of juvenile delinquency.

Under the current legal framework in Mauritius, children under the age of 14 cannot be held criminally responsible for their actions. The proposal under discussion would bring that threshold down to 12, meaning children as young as 12 could face prosecution in the criminal justice system.

DIS-MOI's position is that this approach runs counter to the principles set out in the United Nations Convention on the Rights of the Child (UNCRC), to which Mauritius is a signatory. The UNCRC calls on states to treat children in conflict with the law with dignity, and to prioritise rehabilitation and reintegration over punishment.

Child rights advocates internationally have long argued that early criminalisation of children — particularly those from vulnerable or disadvantaged backgrounds — tends to increase reoffending rather than reduce it. Critics of such proposals point to the importance of investing in social services, education and family support as more effective responses to juvenile misconduct.

The debate in Mauritius comes amid broader concerns about youth crime and antisocial behaviour, which have prompted some calls for tougher legal responses. However, organisations like DIS-MOI maintain that the justice system must distinguish clearly between adult offenders and children, who may lack the full cognitive and emotional development to understand the consequences of their actions.

DIS-MOI has not indicated whether the government has formally tabled this proposal as a bill, but its public opposition suggests the matter is being actively discussed at a policy level.

What this means: If the age of criminal responsibility were lowered to 12 in Mauritius, children aged 12 and 13 could be prosecuted in criminal courts — a significant shift from the current system, which treats children under 14 as incapable of criminal intent. For families, educators and social workers, this would mean younger children facing potential detention or criminal records. DIS-MOI's intervention is intended to push lawmakers toward child-centred alternatives such as counselling, mediation and restorative justice programmes rather than formal prosecution.

Source: Le Defi Media