up losing their jobs and employers face issues of work stoppage. In this context, it is
important to create grounds for the betterment of the work environment.
164. The State needs to expedite the facilitation of the provision for the establishment of
trade unions and the right of collective bargaining in industrial disputes, which would
then pave way to consultative approaches (such as tripartite consultations) rather than a
one way approach (such as strike).
Article 23‐ Family Rights
166. Forced marriages are prohibited under the Article 63 of the Family Act. If a person is
found to be guilty under this Article, he or she can either be charged with a fine of
MRF 1,000/‐ (USD 64.85) up to MRF 5,000/‐ (USD 324.26), or the person can be charged
with banishment up to six months. Family Court reported that till date they had not
received any complaints regarding forced marriages. In addition, no complaint or case has
yet been brought to the attention of HRCM regarding forced marriages. However, the
Family Court has highlighted the issue of multiple Identification Cards per single person as it
can lead to multiple marriages of a single person without being noticed by the relevant
authorities. HRCM was informed of an incident where one person presented two national
Identification cards (ID) at different occasions for the purpose of marriage. This issue of
multiple ID cards was also discerned by other authorities at the time of Elections. Often,
the ID card is the sole document which is used to prepare other identification documents
such as passports. Hence, Passports can also be issued for every ID card without the
knowledge of the respective authorities which could create further issues.
167. State should strengthen the processes of verification and issuance of National Identity
documents.
Chapter: Article 23‐ Family Rights
165. Marriage and having a family is a constitutional right under the article 34(a) of the
Constitution (2008). Article 24 of the Constitution stipulates that each and everyone’s family
life has to be respected. It also states that family is the fundamental unit, and is entitled
with special protection by the State and the Society. According, to Article 4(a) of Family Act,
the minimum age requirement for marriage is 18 years. However, Article 4(b) says that the
registrar can decide to marry a person under the age of 18 years, considering the maturity,
physical health and financial stability of the person. However, under Article 21 of the law on
the protection of the rights of Children (9/91), parents are urged to advise their children
and make them aware of the negative consequences of early marriage and to discourage
marriages of children before the age of 16 years.
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