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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee regrets the State party’s persistent view that trafficking in children is not an issue in the Maldives and the lack of preventive measures, including legislative measures, in this regard. The Committee urges the State party to conduct research and provide comprehensive statistical data on the extent, nature and changing patterns of trafficking in children in the Maldives. It also recommends that the State party enact a comprehensive anti-trafficking law to criminalise all forms of trafficking as defined in the Protocol to Prevent, Suppress, and Punish Trafficking Persons. (Paragraphs 95 and 96) UN Committee on the Elimination of Racial Discrimination The Committee notes with concern that the Maldives is a possible destination country for migrant workers trafficked into labour market and for women trafficked for the purpose of commercial sexual exploitation (art. 2, 5 and 6). The Committee recommends that the State party strengthen its ongoing efforts to prevent and combat human trafficking, encourages it to enact as soon as possible the Anti-Trafficking Bill under preparation and include information on any progress made in this area in the next periodic report. The Committee also recommends that the State party consider ratifying the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crimes. (Paragraph 12). UN Committee on the Elimination of Discrimination against Women The Committee is concerned about the lack of information and data on the exploitation of prostitutes and by the lack of rehabilitation services provided to them. It is also concerned about the lack of attention paid by the State party to the problem of trafficking in women and the resulting lack of information about the extent of trafficking in women, both internal trafficking and cross-border trafficking, as well as by the absence of measures taken, including legislation, to address this issue. The Committee is further concerned by the possibility that women and girls who have been exploited in prostitution could be re-victimised by the authorities because of the criminalisation of extramarital relations. The Committee urges the State party to: pursue a holistic approach in order to provide women and girls with educational and economic alternatives to prostitution; facilitate the reintegration of prostitutes into society; and provide rehabilitation and economic empowerment programmes for women and girls exploited in prostitution. The Committee urges the State party to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementary to the United Nations Convention against Transnational Organised Crime, and to initiate steps to combat all forms of trafficking in women and girls, including by enacting specific and comprehensive legislation on the phenomenon. The Committee further calls upon the State party to consider formulating a plan of action with clear goals, to train police officers to deal with inter-island and cross-border trafficking, to cooperate with other countries in the region so as to address more effectively the causes of trafficking and to improve prevention of trafficking through information exchange. The Committee urges the State party to prosecute and punish traffickers and to ensure the protection of the human rights of trafficked women and girls. (Paragraphs 21 and 22) Universal Periodic Review (November 2010) 100.3. Consider the ratification of ICRMW and the Protocol to prevent, suppress and punish trafficking in persons, especially women and children (Philippines). (accepted) ______________________________________________________________ Discrimination against women and girls, particularly with regards to education Despite the efforts of the State party to address the issue of equality between sexes, including through the Maldives Vision 2020, the Committee continues to be disappointed that the persistence of stereotypical attitudes concerning the roles and responsibilities of women and men still constitute an impediment to the full enjoyment of all human rights and fundamental freedoms by girls. In particular, the Committee notes with concern that there is an emerging trend amongst certain religious groups to keep girls out of school. The Committee recommends that the State party continue to address the problems faced by the girl child and to campaign and create awareness among the population of the equality of girls and boys. The Committee suggests that local, religious and other leaders be invited to take a more active role in supporting the efforts to prevent and eliminate discrimination against the girl child and to provide guidance to communities in this regard. It also recommends that the State party promote the inclusive role of women in society, among other things, by developing text books and educational materials in schools, such as recommended by the Committee on the Elimination of Discrimination against Women in January 2007 (CEDAW/C/MDV/CO/3, paras.17-18). (Paragraphs 35 and 36) UN Committee on the Elimination of Discrimination against Women While the Committee welcomes the efforts made to change stereotypes, including awareness-raising and sensitisation activities, and other noteworthy developments, such as the inclusion of a gender equality provision in the national media policy, the Committee is concerned about the subordinate and subservient role women and girls continue to play within the family and the deep-rooted, traditional stereotypical attitudes that persist, and which are reflected particularly in women’s professional and educational opportunities and choices and their participation in public and political life. The Committee urges the State party to strengthen measures to eradicate negative stereotypes and to carry out training for parliamentarians and decision-makers on the importance of equality of women and men in a democratic society. It also recommends that information on the content of the Convention be disseminated in the educational system, including in the rural (atoll) areas, that school textbooks and teaching materials be reviewed and revised and that human rights education have a gender perspective, with a view to changing existing stereotypical views on and attitudes towards women’s and men’s roles in the family and society and creating an environment that is supportive of the practical realisation of the principle of equality of women and men. It recommends that the media continue to be encouraged to project positive images of women and of the equal status and responsibilities of women and men in the private and public spheres. (Paragraphs 17 and 18) The Committee is concerned at the gap between males and females in the educational system at the tertiary level. While recognising that there has been an increase in the number of girls enrolling in traditionally male-dominated fields of study and in tourism and hospitality courses, the Committee is concerned at the persistence of gender segregation in educational fields and its consequences for women’s professional opportunities. It is also concerned by the marked difference in the quality of education in urban and rural (atolls) areas and the greater negative impact of the disparity on girls due to a lack of appropriate boarding facilities on islands other than their home island. The Committee is further concerned that pregnant girls are suspended from school and may not resume their studies after giving birth. The Committee urges the State party to strengthen proactive measures for women’s access to tertiary levels of education, particularly for rural women, including temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee’s general recommendation 25 and to actively encourage the diversification of educational and professional choices for women and men. It further urges the State party to implement measures to support pregnant girls and raise awareness in secondary schools about teenage pregnancy prevention. The Committee encourages the State party to monitor and regularly assess the impact of such policies and programmes in relation to the full implementation of article 10 of the Convention. (Paragraphs 27 and 28) Universal Periodic Review (November 2010) 100.44. Adopt measures to curb discrimination against women and violence against children (Bangladesh). (accepted) ______________________________________________________________ Discrimination against children born out of wedlock UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee notes with concern that children born out of wedlock are not entitled to equal rights and that they face both de facto and de jure discrimination in their everyday life. The Committee notes with particular concern that these children are denied legal access to information on their biological father and that they can neither have their father’s name nor inherit from the paternal side. It also notes with concern the existing naming practice which further stigmatises children born out of wedlock. In accordance with article 2, the Committee recommends that the State party make greater efforts to ensure that all children within its jurisdiction enjoy all the rights enshrined in the Convention without discrimination. The Committee recommends that the State party amend its legislation in order to eliminate any discrimination against children born out of wedlock, in particular, with regard to access to information on their biological father, the right to a father’s family name and the right to inheritance from paternal side. In addition, the Committee encourages the State party to use legislative, policy and educational measures, including sensitisation and awareness raising, to end stigmatisation of children born out of wedlock. (Paragraphs 33 and 34) Universal Periodic Review (November 2010) 100.48. Establish equal rights for all children, regardless of the marriage status of their parents (Bosnia and Herzegovina). (accepted) ______________________________________________________________ Domestic violence, particularly affecting women and girls UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee welcomes the information that the State party is in the process of establishing child helpline services. The Committee regrets that insufficient measures are being taken to address the serious problem of violence against children, child abuse, including sexual abuse, and ill-treatment of children in the State party. The Committee notes with concern that the legal framework fails to provide full protection against sexual abuse and that it also shifts responsibility on producing evidence to a victim. It also notes with concern that domestic violence is widely tolerated in the Maldivian society and that Maldivian legislation does not expressly prohibit corporal punishment in the family. The Committee further notes with concern that professionals working with and for children are inadequately trained to identify, report and manage child abuse and ill-treatment cases and that the media sensationalise child protection issues, making the stigma and shame attached to victims worse. In the light of article 19, other relevant provisions of the Convention and taking into account the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 866 and CRC/C/111, paras. 701- 745), the Committee urges the State party to: (a) Undertake a national study on domestic violence, ill-treatment of children and child abuse in the home assessing the scope and nature of this problem as well as the impact of legal measures to address violence against children with a view to prohibiting all forms of physical, sexual and mental violence against children, including sexual abuse in the family; (b) As a part of the National Plan of Action for the Well-being of the Maldivian Child 2001-2010, develop a comprehensive national strategy to prevent and respond to domestic violence, ill-treatment of children and child abuse and further adopt adequate measures and policies to contribute to changing attitudes; (c) Train parents and professionals working with and for children, such as teachers, law enforcement officials, health professionals, social workers and judges in identification, reporting and management of child abuse and ill-treatment cases; (d) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary, and to prosecute cases of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected; (e) Ensure that all child victims of violence and abuse have access to adequate care, counselling and assistance with recovery and reintegration services; (f) Encourage and promote the positive involvement of the media in the reporting of child victims of violence, abuse and ill-treatment and ensure that the media fully respect the right of the child to privacy; and (g) Seek assistance from, among others, UNICEF and WHO. (Paragraphs 62 and 63) UN Committee on the Elimination of Discrimination against Women While noting the establishment of rudimentary support services for women victims of violence and the projected 11 shelters to be established in 2007, the Committee expresses its deep concern about the prevalence of violence against women and girls, including domestic violence, which appears to be tolerated or even expected by society. The Committee is also concerned about the legislative gaps in this area, including the lack of specific legislation on domestic violence and specific legislation to address sexual harassment. The Committee urges the State party to give priority attention to combating violence against women and to adopt comprehensive measures to address all forms of violence against women and girls in accordance with its general recommendation 19 on violence against women. The Committee calls on the State party to enact legislation on domestic violence and on all forms of sexual abuse, including sexual harassment, as soon as possible. Such legislation should ensure that: violence against women and girls constitutes a criminal offence; women and girls who are victims of violence have access to immediate means of redress and protection; and perpetrators are prosecuted and adequately punished. The Committee recommends the implementation of training for parliamentarians, the judiciary and public officials, in particular law enforcement personnel, and health-service providers in order to ensure that they are sensitised to all forms of violence against women and can provide adequate support to victims. It also recommends the carrying out of further public awareness-raising campaigns on all forms of violence against women. (Paragraphs 19 and 20) UN Special Rapporteur on housing Such hardship also creates conditions conducive to domestic violence. In overcrowded houses, women and children are particularly vulnerable to violence and sexual abuse.24 According to a survey conducted by the Ministry of Health and Family in 2006, one in three women aged 15–49 years have experienced physical or sexual abuse, while one in six women reported having been sexually abused before the age of 15. (Paragraph 47) Universal Periodic Review (November 2010) 100.44. Adopt measures to curb discrimination against women and violence against children (Bangladesh). (accepted) 100.70. Prioritise legislation on women's rights, sexual harassment, domestic violence and the protection of children against abuse (Australia). (accepted) 100.72. Adopt and implement the draft law on domestic violence referred to in the national report, taking into account the recommendation of the Committee on the Rights of the Child concerning the incorporation of the Convention on the Elimination of All Forms of Discrimination against Women into domestic law (Mexico) (accepted) 100.73. Increase efforts to address the serious problem of violence against children, including by ensuring full legal protection against the sexual abuse of children (Norway). (accepted) 100.74. Continue efforts to prevent violence and sexual abuse against boys and girls, and increase its efforts to bring to justice those responsible (Argentina). (accepted) 100.75. Continue ensuring the promotion and protection of the human rights of children in the country, including through the establishment of appropriate programmes and measures aimed at combating the spread of a culture of violence among Maldivian youth and children (Malaysia). (accepted) ______________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee is concerned at the information that section 44 of the new draft Penal Code would legalise corporal punishment of children at home, schools and institutions. The Committee is also seriously concerned that, contrary to article 37 (a) of the Convention, under applicable law of the State party, persons who have reached puberty may be subject to flogging. In the light of the consideration of the new draft Penal Code, the Committee urges the State party to take all the necessary measures to ensure that persons who committed crimes while under the age of 18 are not subjected to any form of corporal punishment, including as a sentence for offences, and that corporal punishment as a disciplinary measure is prohibited by law in the home, alternative care settings and justice institutions, schools and workplace settings. It recommends that the State party take other appropriate measures, such as positive education and training programmes as well as public awareness-raising campaigns, to eliminate this practice which directly conflicts with the equal and inalienable rights of the child to respect for her/his human dignity and physical integrity. Finally, it draws the attention of the State party to the Committee’s General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8). (Paragraphs 55 and 56) The Committee notes with concern that the legal framework fails to provide full protection against sexual abuse and that it also shifts responsibility on producing evidence to a victim. It also notes with concern that domestic violence is widely tolerated in the Maldivian society and that Maldivian legislation does not expressly prohibit corporal punishment in the family. The Committee further notes with concern that professionals working with and for children are inadequately trained to identify, report and manage child abuse and ill-treatment cases and that the media sensationalise child protection issues, making the stigma and shame attached to victims worse. (Paragraph 62) [T]he Committee notes with concern that: (d) Corporal punishment is lawful as a sentence for crime and for disciplinary purposes It recommends that the State party: (e) Abolish the use of corporal punishment as a sentence for crime and for disciplinary purposes (Paragraphs 98 and 99) UN Subcommittee on Prevention of Torture In the initial talks with the Minister for Justice, Attorney General and the Minister for Home Affairs the delegation was informed that flogging remains an applicable sentence for certain offences. The authorities noted, however, that this punishment was intended to inflict humiliation rather than physical pain. The delegation understood that even children may be subject to flogging; for the offences for which flogging is prescribed, they must assume criminal responsibility once they reach puberty. (Paragraph 26). Deliberate infliction of pain as a form of control or punishment is both inhuman and degrading. The SPT shares the views expressed by the Human Rights Committee (HRC) in its general comment No. 20 on prohibition of torture and cruel treatment or punishment, according to which the prohibition of torture enshrined in article 7 International Covenant on Civil and Political Rights (ICCPR)13 should be extended to corporal punishment.14 The Special Rapporteur on Torture also has taken the view that corporal punishment is inconsistent with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment enshrined in the international human rights instruments.15 As regards the practice of flogging, the SPT emphasises that the HRC has considered flogging as cruel and inhuman punishment prohibited by article 7 of ICCPR, and the Committee against Torture has taken the view that flogging is not in conformity with the Convention against Torture.16 (Paragraph 27). Furthermore, the SPT is concerned about the fact that section 44 of the draft Penal Code would legalise corporal punishment of children at schools and institutions. The SPT shares the opinion of the Committee on the Rights of the Child which, in its latest concluding observations on the Maldives, considered that the practice of flogging was contrary to article 37 (a) of the Convention on the Rights of the Child.17 The SPT considers that the practice of flogging, whether inflicted upon a child or an adult and irrespective of whether it is intended to inflict humiliation or physical pain, is unacceptable because of its inherent humiliating and degrading nature. It should therefore not be an applicable sentence for any offences. (Paragraph 28). The SPT recommends that the Government of Maldives prohibit all types of corporal punishment, including flogging irrespective of whether inflicted with the purpose to cause pain or humiliation, as a sentence for crime and for disciplinary purposes. (Paragraph 29). ______________________________________________________________ Inadequate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee notes that the State party is in the process of reforming the administration of juvenile justice, including the plans to draft a Juvenile Justice Act, and that the State party has introduced a family conferencing programme and established a Family and Child Protection Unit within the police department. The Committee also notes that the State party, with the support of UNICEF, has set up databases on the administration of juvenile justice in Addu, at the Juvenile Court and police offices and further categorised and disaggregated the data collected within these databases. It also takes note of the National Criminal Justice Action Plan 2004-2008. Despite these positive steps taken, the Committee notes with concern that: (a) The administration of juvenile justice is still based on the principle of punishment and detention rather than on the restorative model providing measures for rehabilitation and reintegration of children in conflict with the law; (b) The minimum age of criminal responsibility, which is set at 10 years, is still too low; (c) Children from the age of 7 years can be held liable for haddu offences and consequently they can be exposed to a death penalty; (d) Corporal punishment is lawful as a sentence for crime and for disciplinary purposes; (e) Despite the introduction of a family conferencing programme, the lack of alternative measures and sentencing options to the deprivation of liberty; (f) A Juvenile Court only exists in Malé and that there is a lack of trained juvenile judges; (g) Existing juvenile justice regulations do not provide for hearing of the child during the criminal proceedings; (h) Regardless of the outcome of the family conferencing or the court decision, schools are forced to expel children in conflict with the law from school as they need to comply with regulations set by the Ministry of Education; and (i) Children are detained in very poor conditions in Dhoonidhoo Detention Center. The Committee recommends that the State party continue and strengthen its efforts to ensure the full implementation of juvenile justice standards, in particular articles 37, 40 and 39 of the Convention and other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), taking into account the Committee’s newly adopted General Comment No. 10 on children’s rights in juvenile justice (CRC/C/GC/10). It recommends that the State party: (a) Expedite its efforts to draft and enact a Juvenile Justice Act and ensure that the provisions of this Act fully comply with the provisions and principles of the Convention as well as other international standards on the administration of juvenile justice, including the hearing of the child during criminal justice proceedings; (b) Continue to develop and implement a comprehensive system of alternative measures such as community service orders, family conferencing and interventions of restorative justice in order to ensure that deprivation of liberty is used only as a measure of last resort; (c) Raise the minimum age of criminal responsibility at least to the age of 12 years; (d) Abolish the death penalty related to haddu offences perpetrated by persons under the age of 18 years; (e) Abolish the use of corporal punishment as a sentence for crime and for disciplinary purposes; (f) Establish specialised juvenile courts with adequately trained professionals, such as specialised judges, prosecutors and police officers, to the extent possible, and consider establishing mobile courts; (g) Review the regulations set by the Ministry of Education in order to provide children in conflict with the law with access to education; (h) Take effective measures to improve the condition of detention and prison facilities for children in conflict with the law and provide children with separate detention facilities from adults; (i) Ensure independent monitoring of detention conditions and access to effective complaints, investigation and enforcement mechanisms; and (i) Seek technical assistance from the United Nations Interagency Panel on Juvenile Justice which includes UNODC, UNICEF, OHCHR and non-governmental organisations. UN Subcommittee on Prevention of Torture The main legal framework for the administration of Juvenile Justice includes the following legislation: the Penal Code; the Law on the Protection of the Rights of the Children (Law No. 9/91); Rules on Interrogation Adjudication and Sentencing relating to juveniles (amended in 2004); the Family Act (Law No. 4/2000); and the Regulation on Conducting Trials, Investigations and Sentencing fairly for Offences Committed by Minors. The SPT understands that the Government is in the process of reforming the administration of juvenile justice, including plans to draft a Juvenile Justice Act. (Paragraph 30). There is only one Juvenile Court, in Malé, and for that reason children need to come to the capital for a number of specified cases. However, some cases involving children in conflict with the law can be dealt with by the Island Courts. (Paragraph 31). The SPT recalls, that in line with article 37 (b) of the Convention on the Rights of the Child, all deprivation of liberty of a child, including arrest, detention and imprisonment, should be used only as a measure of last resort and for the shortest appropriate period of time, so that the child’s right to development is fully respected and ensured. Specific safeguards for children deprived of their liberty and the possibility to avail themselves of those safeguards are discussed in more detail in the chapter V sections A and C below. (Paragraph 32). The SPT recommends that the authorities of the Maldives ensure that, in all decisions taken within the context of the administration of juvenile justice and in all plans to review the relevant legislation, the best interests of the child are given primary consideration. This includes the first contact with the police, the possible stay in police custody and in pretrial detention and the stay in a prison or other facility for children that they are not free to leave at will.18 (Paragraph 33). UN Special Rapporteur on the independence of judges and lawyers he Special Rapporteur also notes with appreciation that the Ministry of Justice has adopted a Justice Strategic Plan for 2006-2010, which contains concrete cost assessments for a number of goals to be achieved at the short, medium and long term. He hopes these goals, which include the establishment of an independent bar association, a legal aid system and a juvenile justice system, and law courses at the Masters and PhD levels will be implemented promptly. (Paragraph 20) Juvenile delinquency is growing at an alarming rate, mainly due to drug abuse and trafficking. According to the information provided by the Government, the vast majority of current offenders started at the age of 12 to 16 with petty offences, some of them ending up as serious criminals. The current juvenile justice system does not effectively address the problem: it focuses on sanctions such as fines, house arrest, banishment or jail, but does not provide for adequate options and programmes to guide young offenders out of the system, through rehabilitative mechanisms. This results in a system which regenerates criminality instead of diverting young offenders from criminality and offering them rehabilitation and reintegration. (Paragraph 62) The Maldives’ juvenile justice system is extremely centralised: since there is only one Juvenile Court, in Malé, children need to come to the capital for a number of specified cases, while other cases can be dealt with by the Island Courts. The Minister of Gender and Family proposed a strategy of decentralisation whereby every atoll would have a system of child protection, with trained personnel. (Paragraph 63) The current juvenile judicial and protection system should be decentralised, since it is accessible almost only to children living on the Malé atoll. The Special Rapporteur encourages the urgent implementation of the governmental initiative, with the assistance of UNICEF, to set up a juvenile justice system, including the establishment of a Juvenile Justice Unit. (Paragraph 94) Universal Periodic Review (November 2010) 100.85. Expedite efforts to enact a Juvenile Justice Act in compliance with the Convention on the Rights of the Child (Ghana). (accepted) ______________________________________________________________ Use of and conditions in detention for children, including detention of children with adults UN Committee on the Rights of the Child (Concluding Observations, June 2007) [T]he Committee notes with concern that: (e) Despite the introduction of a family conference programme, the lack of alternative measures and sentencing options to deprivation of liberty; (i) Children are detained in very poor conditions in Dhoonidhoo Detention Centre. The Committee recommends that the State party continue and strengthen its efforts to ensure the full implementation of juvenile justice standards, in particular articles 37, 40 and 39 of the Convention and other relevant international standards in this area, such as the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) and the United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), taking into account the Committee’s newly adopted General Comment No. 10 on children’s rights in juvenile justice (CRC/C/GC/10). It recommends that the State party: (b) Continue to develop and implement a comprehensive system of alternative measures such as community service orders, family conferencing and interventions of restorative justice in order to ensure that deprivation of liberty is used only as a measure of last resort; (Paragraphs 98 and 99) UN Subcommittee on Prevention of Torture Report issued: 26 February 2009 During the visit, the SPT interviewed children deprived of their liberty held at the Ha. Dhidhdoo Police Station and at the Dhoonidhoo Detention Centre. (Paragraph 134). The SPT emphasises that the children in conflict with the law should benefit not only from the same safeguards as adult detainees, but also from specific safeguards intended to ensure that children are treated in a manner which reflects their specific needs. In this respect, the SPT refers in particular to the general comment No. 10 of the Committee on the Rights of the Child on Children’s rights in juvenile justice.34 (Paragraph 135). In light of the above, and further to the recommendations made elsewhere in the report, the SPT recommends that the authorities ensure that a parent or other guardian be present every time a child is questioned by the police and that children enjoy unrestricted access to a lawyer. The SPT further recommends that children should always be held separately from adult detainees, preferably in separate institutions; and that holding facilities for children should fulfil adequate hygiene standards and provide possibilities for outdoor exercise; and that staff working in these facilities should be provided with adequate training to work with underage detainees. (Paragraph 136). By a note verbale of 22 June 2008 the authorities acknowledged the generally poor conditions for juveniles held in the Dhoonidhoo Detention centre and gave assurances to the SPT that plans were underway, with the assistance of the Ministry of Gender and Family, to construct a separate facility for juveniles which would fulfil acceptable standards for juveniles. The SPT requests to be informed of the opening of a separate detention facility to accommodate children in conflict with the law. (Paragraph 137). ______________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2007) The Committee welcomes the information that the State party is in the process of establishing child helpline services. The Committee regrets that insufficient measures are being taken to address the serious problem of violence against children, child abuse, including sexual abuse, and ill-treatment of children in the State party. The Committee notes with concern that the legal framework fails to provide full protection against sexual abuse and that it also shifts responsibility on producing evidence to a victim. It also notes with concern that domestic violence is widely tolerated in the Maldivian society and that Maldivian legislation does not expressly prohibit corporal punishment in the family. The Committee further notes with concern that professionals working with and for children are inadequately trained to identify, report and manage child abuse and ill-treatment cases and that the media sensationalise child protection issues, making the stigma and shame attached to victims worse. In the light of article 19, other relevant provisions of the Convention and taking into account the recommendations of the Committee adopted on its days of general discussion on children and violence (CRC/C/100, para. 866 and CRC/C/111, paras. 701- 745), the Committee urges the State party to: (a) Undertake a national study on domestic violence, ill-treatment of children and child abuse in the home assessing the scope and nature of this problem as well as the impact of legal measures to address violence against children with a view to prohibiting all forms of physical, sexual and mental violence against children, including sexual abuse in the family; (b) As a part of the National Plan of Action for the Well-being of the Maldivian Child 2001-2010, develop a comprehensive national strategy to prevent and respond to domestic violence, ill-treatment of children and child abuse and further adopt adequate measures and policies to contribute to changing attitudes; (c) Train parents and professionals working with and for children, such as teachers, law enforcement officials, health professionals, social workers and judges in identification, reporting and management of child abuse and ill-treatment cases; (d) Establish effective procedures and mechanisms to receive, monitor and investigate complaints, including intervention where necessary, and to prosecute cases of ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected; (e) Ensure that all child victims of violence and abuse have access to adequate care, counselling and assistance with recovery and reintegration services; (f) Encourage and promote the positive involvement of the media in the reporting of child victims of violence, abuse and ill-treatment and ensure that the media fully respect the right of the child to privacy; and (g) Seek assistance from, among others, UNICEF and WHO. (Paragraphs 62 and 63) UN Committee on the Elimination of Discrimination against Women The Committee is also concerned about the legislative gaps in this area, including the lack of specific legislation on domestic violence and specific legislation to address sexual harassment. The Committee urges the State party to give priority attention to combating violence against women and to adopt comprehensive measures to address all forms of violence against women and girls in accordance with its general recommendation 19 on violence against women. The Committee calls on the State party to enact legislation on domestic violence and on all forms of sexual abuse, including sexual harassment, as soon as possible. Such legislation should ensure that: violence against women and girls constitutes a criminal offence; women and girls who are victims of violence have access to immediate means of redress and protection; and perpetrators are prosecuted and adequately punished. The Committee recommends the implementation of training for parliamentarians, the judiciary and public officials, in particular law enforcement personnel, and health-service providers in order to ensure that they are sensitized to all forms of violence against women and can provide adequate support to victims. It also recommends the carrying out of further public awareness-raising campaigns on all forms of violence against women. (Paragraphs 19 and 20) UN Special Rapporteur on housing Such hardship also creates conditions conducive to domestic violence. In overcrowded houses, women and children are particularly vulnerable to violence and sexual abuse.24 According to a survey conducted by the Ministry of Health and Family in 2006, one in three women aged 15–49 years have experienced physical or sexual abuse, while one in six women reported having been sexually abused before the age of 15. (Paragraph 47) UN Special Rapporteur on the independence of judges and lawyers Another issue of concern is the low rate of prosecution and punishment of child sexual abuse cases; they mostly remain within the household. Under the currently applicable law, that is to say sharia law, those cases fall into the category of adultery and therefore require corroborating evidence from two witnesses. This is almost impossible to obtain in this kind of case. Furthermore, the testimony of the child is not sufficient for initiating a prosecution process. In addition to this serious problem of evidence, which requires urgent attention, judges are neither trained nor sensitized to juvenile justice issues. (Paragraph 64) The current juvenile judicial and protection system should be decentralized, since it is accessible almost only to children living on the Malé atoll. The Special Rapporteur encourages the urgent implementation of the governmental initiative, with the assistance of UNICEF, to set up a juvenile justice system, including the establishment of a Juvenile Justice Unit. (Paragraph 94) New legislation should be introduced to enable prosecution of child sexual abuse cases on the basis of reasonable evidence. Child abuse should not be considered a case of adultery: the victim is a minor who requires special protection, in accordance with the Convention on the Rights of the Child, to which Maldives is a party. Also, appropriate consideration should be given to the testimony of the child. (Paragraph 95) Universal Periodic Review (November 2010) 100.70. Prioritise legislation on women's rights, sexual harassment, domestic violence and the protection of children against abuse (Australia). (accepted) 100.74. Continue efforts to prevent violence and sexual abuse against boys and girls, and increase its efforts to bring to justice those responsible (Argentina). (accepted) 100.73. Increase efforts to address the serious problem of violence against children, including by ensuring full legal protection against the sexual abuse of children (Norway). (accepted) 100.74. Continue efforts to prevent violence and sexual abuse against boys and girls, and increase its efforts to bring to justice those responsible (Argentina). (accepted) 100.76. Take further measures to strengthen child rights and the child protection system, in particular to prevent sexual and physical abuse, to tackle underage marriage/concubinage and to ensure that children under 18 years are not punished as adults in the judicial system (United Kingdom). (accepted) 100.120. Give further consideration to enacting legislation and formulating national action plans with concrete goals: to prevent the economic exploitation of and hazardous work by children; and to combat drug abuse, human trafficking and the sexual exploitation of women and children (Japan). (accepted) ______________________________________________________________
Concluding Observations issued: 2 September 2011
Last reported: 19 January 2007
Concluding Observations issued: 2 February 2007
UN Committee on the Rights of the Child (Concluding Observations, June 2007)
Concluding Observations issued: 2 February 2007
Last reported: 19 January 2007
Concluding Observations issued: 2 February 2007
Country visit: 18 to 26 February 2009
Report published: 11 January 2010
Report issued: 26 February 2009
Report issued: 26 February 2009
Country visit: 25 February to 1 March 2007
Report published: 2 May 2007
Last reported: 19 January 2007
Concluding Observations issued: 2 February 2007
Country visit: 18 to 26 February 2009
Report published: 11 January 2010
Country visit: 25 February to 1 March 2007
Report published: 2 May 2007