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
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