RECOMMENDATION
The Committee reiterates its previous recommendation (CRC/C/MDV/CO/3, para. 56) and with reference to the Committee’s General Comment No. 8 (2006) on corporal punishment it urges the State party:(a)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 torture, including corporal punishment, and that corporal punishment as a disciplinary measure is prohibited by law in the home, alternative care settings, justice institutions, schools and workplace settings;
| Recommendation No: | CRC-41 |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee reiterates its previous recommendation (CRC/C/MDV/CO/3, para. 56) and with reference to the Committee’s General Comment No. 8 (2006) on corporal punishment it urges the State party:(a)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 torture, including corporal punishment, and that corporal punishment as a disciplinary measure is prohibited by law in the home, alternative care settings, justice institutions, schools and workplace settings; |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 37 - States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances;
(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
Stakeholders
Human Rights Commission of Maldives (HRCM)
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Attorney General's Office (AGO)
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Ministry of Gender, Family & Social Services (MoGFSS)
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Department of Juvenile Justice (DJJ)
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Ministry of Education (MoE)
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Maldives Police Service (MPS)
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National Integrity Commission (NIC)
Relevant Articles of the Constitution
35A - Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
Relevant Legislation Articles
10 - Punishment given in schools must be appropriate to the age of the child and should not be physically or psychologically harmful to the child.
16 - Particular attention shall be given to prevent acts detrimental to integrity of children and acts of sexual abuse,exploitation and oppression against children. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to concerned government authority.
18 - No child shall, even as a measure of discipline be subjected to punishment which may cause physical injury or
which may be detrimental to the health of the child.
24 - All the children shall be treated equally and humanely and preference must be given to children in the provision of various services. Further, protection and assistance shall be given to children and expectant mothers during land, sea and air travel in the general pursuits of the community. Children under the age of 12 years shall be given special concession on land, sea, air and transportation fares.
25 - No persons shall commit an act that is detrimental to the integrity of children, nor shall any person commit an act of
sexual abuse, exploitation or oppression against the child. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to the concerned Government authority.
9 - A special procedure must be established for the investigation, adjudication of and the imposition of punishment, wherever necessary, for offences committed by children. Further, preference shall be given to rehabilitation of children, who are considered minor in Shari’ah, without imposing punishment on such children.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 7 - The right to be free from inhuman or degrading treatment or punishment.
ICCPR Article 10 - People deprived of their liberty shall be treated with humanity.
CEDAW Article 2 - Article 2
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: (a) To embody the principle of the equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realization of this principle;
(b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination;
(d) To refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation;
(e) To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;
(g) To repeal all national penal provisions which constitute discrimination against women.
ICERD Article 6 - Right to an effective remedy
CAT Article 12 - CAT Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.
CAT Article 13 - CAT Article 13
Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
CAT Article 14 - CAT Article 14
1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.
2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.
CAT Article 15 - CAT Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
ICCPR Article 4 - Derogation of rights to be limited to specific circumstances, certain rights may not be derogated from and derogation must be consistent with certain rules.
ICCPR Article 5 - Covenant may not be interpreted in a way that destroys rights ensured in the covenant.
ICCPR Article 6 - The right to life, which shall be protected in law.
ICCPR Article 8 - The freedom from slavery and servitude.
ICCPR Article 14 - The right to equality before the law; the right to be presumed innocent until proven guilty and to have a fair and public hearing.
ICCPR Article 15 - No one can be held for an offence that was not a crime at the time it was committed.
ICCPR Article 16 - The right to be recognised as a person before the law.
ICESCR Article 4 - Governments may only limit these rights in a way determined by law and in a way that is consistent with the Covenant.
ICESCR Article 5 - No person, group or government is lawfully empowered to destroy these rights.
CEDAW Article 6 - Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
CEDAW Article 15 - Article 15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
ICERD Article1 - Definition of Racila Discrimination
ICERD Article 5 - Non-discrimination; equality before
the law; general policy
CAT Article 1 - CAT Article 1
1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.
CAT Article 2 - CAT Article 2
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.
CAT Article 16 - CAT Article 16
1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.
2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.
Related Recommendations of other Treaty Bodies
ICCPR-16 - ICCPR
Related SDGs
No Related SDGs
Categories
Torture and other cruel or degrading treatment or punishment