Dissonances between policy framework and customary practice in gender equality of small island developing states : the case of LGBTQI+ rights in Mauritius

Abstract

Despite growing international recognition of LGBTQI+ rights, Small Island Developing States (SIDS) continue to face challenges in translating formal legal commitments into substantive equality. This dissertation examines the dissonance between State-level legal and policy frameworks and entrenched normative practices shaping the lived experiences of LGBTQI+ individuals in Mauritius. Although Mauritius has ratified key international human rights instruments and experienced progressive judicial developments, these advances remain unevenly realised due to persistent socio-cultural, religious, and institutional barriers. Employing a qualitative research design, the study integrates legal and policy analysis with semi-structured interviews conducted with LGBTQI+ individuals to assess the alignment between legal commitments and lived realities. The findings reveal that, notwithstanding constitutional guarantees, international obligations, and limited anti-discrimination protections, LGBTQI+ persons in Mauritius continue to face marginalisation in healthcare, employment, family life, and access to justice. These exclusions are sustained not by formal customary law, but by deeply embedded normative practices, heteronormative social structures, religious conservatism, and weak institutional accountability within a small island context characterised by dense social networks and limited anonymity. Grounded in the theoretical frameworks of intersectionality and legal pluralism, the dissertation argues that legal reform alone is insufficient to achieve substantive equality in SIDS. Instead, meaningful change requires shifts in social norms, strengthened institutional responsiveness, and inclusive policymaking that centres marginalised LGBTQI+ voices. The study concludes with context-specific recommendations to bridge the persistent gap between policy and practice relating to LGBTQI+ rights in Mauritius.