| No |
Recommendation |
Convention/Treaty Body |
| CRC-33 |
The Committee reiterates its previous recommendation (CRC/C/MDV/CO/3 of 2007, para. 45) and urges the State party to ensure that the right of children to be heard is respected, in accordance with their age and maturity, at any proceeding which may impact their rights, particularly in actions taken by social welfare institutions, courts of law and administrative authorities, including at the local level and in relation to giving testimony in court. |
Convention on the Rights of the Child |
| CRC-45(e) |
The Committee recommends that the State party:45(e) Ensure effective prosecution against and commensurate sanctions for perpetrators of sexual exploitation and abuse, including through sensitization of judges regarding sexual abuse of girls; |
Convention on the Rights of the Child |
| CRC OP- 14 (d) |
The Committee recommends that the State party:
(d) Continue and strengthen gender-sensitive education and training on the provisions of the Optional Protocol for all professional groups, in particular for the judiciary through the Judicial Services Commission and for law enforcement officials working with child victims of the crimes covered by the Optional Protocol. |
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| CRC-43(e) |
the Committee recommends that the State party:43 (e) Create a unified, co-ordinated and comprehensive child protection system; |
Convention on the Rights of the Child |
| CRC 69(c) |
the Committee urges the State party: (c) Adopt without further delay the Juvenile Justice Act, ensuring that its provisions fully comply with the provisions and principles of the Convention as well as other international standards on the administration of juvenile justice, including hearing of the child during criminal proceedings; |
Convention on the Rights of the Child |
| CRC-69(e) |
the Committee urges the State party: (e) Promote alternative measures to detention, such as diversion, probation, mediation, counselling, or community service, wherever possible, and ensure that detention is used as a last resort and for the shortest possible period of time and that it is reviewed on a regular basis with a view to withdrawing it; |
Convention on the Rights of the Child |
| CRC-69(g) |
Expeditiously establish throughout the State party specialized juvenile court facilities and procedures with adequate human, technical and financial resources, designate specialized judges for children and ensure that such specialized judges receive appropriate education and training. |
Convention on the Rights of the Child |
| CRC OP- 31(a) |
The Committee notes that child victims should be protected at all stages of the criminal justice process in accordance with article 8 of the Optional Protocol.
The Committee encourages the State party to be guided by the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20) in this regard and should, specifically;
(a) Allow the views, needs and concerns of child victims to be presented and considered in proceedings where their personal interests are affected; |
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| CRC OP- 31(b) |
The Committee notes that child victims should be protected at all stages of the criminal justice process in accordance with article 8 of the Optional Protocol.
The Committee encourages the State party to be guided by the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20) in this regard and should, specifically;
(b) Use child-sensitive procedures to protect children from hardship during the justice process, including by the use of special interview rooms designed for children, child-sensitive methods of questioning; and by reducing the number of interviews, statements and hearings |
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography |
| ICCPR-6 |
The State party should take all measures to give full and unimpeded effect to the provisions of the Covenant in its domestic legal order and ensure that the provisions of article 16 (b) of the Constitution are not invoked to justify the failure by the State party to fulfill its obligations under the Covenant.
The State party should also undertake efforts aimed at, inter alia, training its judges, magistrates, prosecutor’s and lawyers on the provisions of the Covenant and by conducting awareness-raising campaigns for the population on the rights protected by the Covenant. |
International Covenant on Civil and Political Rights |
| CEDAW - 13 |
The State party should:
(a) expedite the adoption of bills pending before the parliament aimed at strengthening the State party’s administration of justice, in particular the bills on legal aid, evidence, witness protection, juvenile justice and the judicature, remove evidentiary requirements that discriminate against women and ensure the equal consideration and weight of women’s testimonies as witnesses;
(b) strengthen the independence of the judiciary, establish legal remedies that are expeditious and accessible to women, and ensure, through adequate regulations and procedures, that women who report violations, especially in cases of violence, are treated in a gender-sensitive manner at all stages of judicial proceedings;
(c) take measures to increase the representation of women in the judiciary, in particular as judges and court officials;
(d) provide systematic training to judges, prosecutors, law enforcement officers, especially the police, and lawyers on women’s rights and ensure that the Convention, the Committee’s general recommendations and its jurisprudence under the Optional Protocol are sufficiently known and applied by the judiciary and that they are an integral part of all capacity-building programmes;
(e) enhance women’s awareness of their rights and disseminate information on the remedies available to those who claim violations of their rights. |
Convention on the Elimination of All Forms of Discrimination against Women |
| CEDAW - 45 |
The State party should:
(a) As a matter of urgency, decriminalize and abolish the imposition of flogging as a sentence for consensual sexual relations outside marriage, as recommended by the Committee in its previous concluding observations (CEDAW/C/MDV/CO/3, para. 34);
(b) Ensure that, in exceptional cases of marriage of persons under 18 years of age, the age limit is set at 16 years and court authorization is required in all such cases, in accordance with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices;
(c) Take steps to facilitate the procedure to register marriages in rural and remote areas and enforce the mandatory registration of all marriages, including through sanctions;
(d) Take measures to discourage polygamy with a view to prohibiting it, in accordance with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices;
(e) Expedite the adoption of the proposed amendments to the Family Act and include guarantees to equal distribution of marital property upon divorce, in line with article 16 (1) of the Convention and the Committee’s general recommendation No. 29 on the economic consequences of marriage, family relations and their dissolution. |
Convention on the Elimination of All Forms of Discrimination against Women |
| ICCPR-17(d) |
(d) Provide protective measures, in particular shelters, as well as rehabilitation and compensation to victims; |
International Covenant on Civil and Political Rights |
| ICCPR-20 |
The State party should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC). It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process. |
International Covenant on Civil and Political Rights |
| CAT-40(a) |
40.(a) Ensure, in law and practice, that any statement resulting from torture or cruel, inhuman or degrading treatment is not invoked as evidence in court, except against the persons who carried out those acts; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| CAT-40(b) |
40(b) Ensure that courts dismiss in practice all cases in which evidence was obtained as a result of coerced confessions; investigate and prosecute all such allegations of torture and ill-treatment; and provide redress to victims; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
| CAT-28(b) |
28(b) Ensure the possibility to appeal pre-trial detention decisions and for the legality of pre-trial detention to be reviewed by a court of law; |
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |