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Madagascar - February 2024

High Constitutional Court upholds new law mandating castration of rapists

On 12 February, the parliament of Madagascar passed a law establishing chemical or surgical castration as punishments for those convicted of raping a child. President Andry Rajoelina referred the law to the High Constitutional Court (Haute Cour Constitutionnelle, HCC) for constitutional review prior to promulgation the following day. The Court ruled on 23 February that the law was in conformity with the constitution, and mandated surgical castration for those convicted of raping a child under the age of 10. In the case of older children, judges are given some discretion regarding sentences. Human rights activists have argued that the new law violates Madagascar’s commitments under several international human rights treaties, including the International Covenant on Civil and Political Rights and the Convention Against Torture.

Sources: Africa News, Haute Cour Constitutionnelle, Midi Madagasikara, Tribune Madagascar, Le Monde

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