the "equal protection of the law". Where the Covenant requires a substantial protection as in
article 23, it follows from those provisions that such protection must be equal, that is tO say
not discriminatory, for example on the basis of sex.
9.2 (b) 2 (ii) 3 It follows that also in this line of argument the Covenant must lead to the result
that the protection of a family cannot vary with the sex of the one or the other spouse.
Though it might be justified for Mauritius to restrict the access of aliens to their territory and
to expel them therefrom for security reasons, the Committee is of the view that the legislation
which only subjects foreign spouses of Mauritian women to those restrictions, but not foreign
spouses of Mauritian men, is discriminatory with respect to Mauritian women and cannot be
justified by security requirements.
9.2 (b) 2 (ii) 4 The Committee therefore finds that there is also a violation of articles 2 (1), 3
and 26 of the Covenant in conjunction with the right of the three married co-authors under
article 23 (1).
9.2 (c) 1 It remains to consider the allegation of a violation of article 25 of the Covenant,
which provides that every citizen shall have the right and the opportunity without any of the
distinctions mentioned in article 2 (inter alia as to sex) and without unreasonable restrictions,
to take part in the conduct of public affairs, as further described in this article. The
Committee is not called upon in this case to examine any restrictions on a citizen's right
under article 25. Rather, the question is whether the opportunity also referred to there, i.e. a
de facto possibility of exercising this right, is affected contrary to the Covenant.
9.2 (c) 2 The Committee consiaers that restrictions established by law in various areas may
prevent citizens in practice from exercising their political rights, i.e. deprive them of the
opportunity to do so, in ways which might in certain circumstances be contrary to the purpose
of article 25 or to the provisions of the Covenant against discrimination, for example if such
interference with opportunity should infringe the principle of sexual equality.
9.2 (c) 3 However, there is no information before the Committee to the effect that any of this
has actually happened in the present cases. As regards Mrs. Aumeeruddy-Cziffra, who is
actively participating in political life as an elected member of the legislative assembly of
Mauritius, she has neither in fact nor in law been prevented from doing so. It is true that on
the hypothesis that if she were to leave the country as a result of interference with her family
situation, she might lose this opportunity as well as other benefits which are in fact connected
with residence in the country. The relevant aspects of such interference with a family
situation have already been considered, however, in connection with article 17 and related
provisions above. The hypothetical side-effects just suggested do not warrant any finding of a
separate violation of article 25 at the present stage, where no particular element requiring
additional consideration under that article seems to be present.
10.1 Accordingly, the Human Rights Committee acting under article 5 (4) of the Optional
Protocol to the International Covenant on Civil and Political Rights, is of the view that the
facts, as outlined in paragraph 7 above, disclose violations of the Covenant, in particular of
articles 2 (1), 3 and 26 in relation to articles 17 (1) and 23 (1) with respect to the three coauthors who are married to foreign husbands, because the coming into force of the
Immigration (Amendment) Act, 1977, and the Deportation (Amendment) Act, 1977, resulted
in discrimination against them on the ground of sex.