Medico Legal at Mauritania
Mauritania's medico-legal system faces significant challenges, particularly concerning the treatment of survivors of sexual violence.
Key Issues in Medico-Legal Practices:
Limited Access to Forensic Services: There is only one practicing forensic doctor in the country, and forensic medicine is not regulated by law. This shortage leads to non-standardized forensic examinations, often conducted by obstetrician-gynecologists rather than trained forensic specialists. Additionally, midwives are not permitted to perform forensic examinations, despite calls from NGOs to allow them, as they are more numerous than female doctors.
Mandatory Police Referrals: Doctors often require a formal written police referral to examine survivors of sexual assault, which can delay medical care and discourage survivors from seeking help.
Inadequate Forensic Protocols: The forensic examinations that do occur typically involve the collection of vaginal swabs, semen analysis, and testing for sexually transmitted infections. However, DNA testing is not available, and post-exposure prophylaxis for HIV and other STIs is rarely prescribed. Medical certificates are often handwritten and brief, lacking comprehensive documentation. Furthermore, "virginity tests" are sometimes conducted, which are considered discriminatory and have no scientific validity.
Legal Framework and Reforms:
Mauritania's legal system includes a three-tiered court structure: Wilaya (Regional) Courts, Courts of Appeal, and the Supreme Court. The Supreme Court serves as the highest court for all matters except those under the jurisdiction of constitutionally established courts. Recent legal reforms include the enactment of the "Anti-Corruption Law" in April 2023, the "Gender Equality Act" in June 2023, and amendments to the "Criminal Procedure Code" in January 2023. These reforms aim to modernize the legal framework and enhance the rule of law.
Efforts to Improve Access to Justice:
The United Nations Office for Project Services (UNOPS), in collaboration with the Ministry of Justice and the European Union, has been working to strengthen the justice system in Mauritania. This includes the construction of new courthouses in Boutilimit, South Nouakchott, and El Mina, designed to be energy-efficient and accessible to people with reduced mobility. These efforts aim to promote the rule of law and protect human rights in the country.
Despite these initiatives, significant challenges remain in Mauritania's medico-legal system, particularly concerning the treatment and support of survivors of sexual violence. Addressing these issues requires comprehensive reforms, including the establishment of standardized forensic protocols, the availability of trained forensic professionals, and the elimination of practices like "virginity testing" that violate human rights.
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