A/HRC/43/13/Add.1 11. Madagascar does not support recommendation 22 on measures to release all persons detained exclusively for exercising their rights to expression, opinion, association and assembly. The courts have sole competence over the release of detainees, and the independence of the judiciary is guaranteed by the State and enshrined in the Constitution. 12. Madagascar does not support recommendations 24 and 25 on the decriminalization of the offences of defamation and insult. Defamation and insult are acts that are not tolerated in Malagasy society and culture. Such acts, committed against an individual, are considered malicious and could have social consequences that would be difficult to control. 13. Madagascar does not support recommendations 26 and 29 on combating early marriage and decriminalizing abortion. With regard to early marriage, efforts to promote and protect the rights of girls and women have already been undertaken. Madagascar has also ratified international conventions addressing the issue. Legalizing the practice of abortion, on the other hand, would go against public order and the moral standards and beliefs of the Malagasy people, who regard abortion as a violation of the right to life, a right enshrined in article 8 of the Constitution of the Republic. In addition, the risk of misuse cannot be ruled out. Consultations on the legalization of therapeutic abortion are currently under way. 14. Madagascar does not support recommendation 27 on the access of women and girls to sexual and reproductive health information, services and commodities, including contraception, as well as comprehensive sexuality education both in and out of school. At this time, the Government is not yet in a position to make such far-reaching commitments, as access for children to sexual health commodities is still inappropriate in terms of Malagasy culture and mores. However, measures regarding access to sexual health information in and out of school are already in development. GE.20-03667 3

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