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Summary: General overview of the Maldives' national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of CRC in national law Constitution: Chapter II of the Constitution contains extensive rights provisions that apply to children as to all citizens, but also includes a small number that specifically address the rights of children: Legislation: The Maldives does not have a comprehensive or consolidated Children's Act, though it does have thematic legislation on the protection of the rights of the child. Legislation relevant to the rights of the child includes, though is by no means limited to: Legal Research: Case Law Case Law Research Compliance with the CRC In depth analysis The Committee also raised serious concerns that in relation to sexual and physical abuse of children, the laws were inadequate to provide sufficient protection for children. Accordingly, the Committee urged the State to conduct a review of relevant laws "with a view to prohibiting all forms of physical, sexual and mental violence against children", and to ensure that the resulting necessary legal reforms do not criminalise child victims of sexual abuse. Similarly, the Committee highlighted the prevalence of drug abuse among children, and recommended that the State reform its policies so as to avoid criminalising children who use drugs. In relation to economic exploitation and child labour, the Committee was critical of the "lack of [a] legal framework preventing the use of child labour and protecting children from economic exploitation, in particular from hazardous work". The Committee recommended that the State expedite the adoption of its draft labour law, and ensure that the new legislation be in conformity with the Convention, particularly with regards to the informal sector. The Employment Act was subsequently enacted, but it is yet to be reviewed by the Committee. Current legal reform projects
Ratified treaties do not automatically become enforceable in the laws of the Maldives, and the Convention on the Rights of the Child has not been directly incorporated into national law. However, Article 68 of the 2008 Constitution of the Maldives requires courts to consider international treaties, including the Convention on the Rights of the Child, in interpreting constitutional rights provisions.
The Constitution of the Maldives is available in English (http://www.majlis.gov.mv/en/wp-content/uploads/Constitution-english.pdf) through the official website of the Parliament (Majlis), and other legal and governmental resources are available in Dhivehi (http://www.majlis.gov.mv/di/). The International Labour Organisation's NATLEX database (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=MDV) and the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwemdv.htm) also provide links to some domestic legislation. IN addition, the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/maldives.php) and the World Legal Information Institute (http://www.worldlii.org/catalog/2129.html) have compiled a selection of links to legal and governmental resources.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The website of the Supreme Court of the Maldives publishes its judgements in English and Dhivehi (http://www.supremecourt.gov.mv/en/?p=h&i=1).
In its 2007 Concluding Observations, the Committee on the Rights of the Child welcomed the Maldives' efforts to harmonise legislation with the Convention on the Rights of the Child, particularly the Family Law Act. However, the Committee reiterated its concern that several aspects of domestic law remained incompatible with the principles and provisions of the Convention, specifically including the Law on the Protection of the Rights of the Child.
As of the 2007 Concluding Observations of the Committee on the rights of the Child, large areas of Maldivian law fell short of the Convention. With regards to juvenile justice, in particular, the Committee expressed its utmost concern that children as young as 7 years could be held liable for haddu offences for which the death penalty is possible, that the minimum age of criminal responsibility is low at 10 years, that corporal punishment is lawful as a sentence for a crime, and that the culture of juvenile justice was one of punishment and detention rather than rehabilitation. The Committee recommended that these issues, as well as several others, be addressed in the proposed Juvenile Justice Act, and that the passage of this Act be expedited so as to bring juvenile justice laws and policies into harmony with the Convention.
As of 2007, the Maldivian State had expressed the intention to make primary school education compulsory by law under the draft Education Act, but this is yet to be passed. The State has also drafted a Juvenile Justice Act, but as of the 2010 Universal Periodic Review, this legislation had not yet been enacted.