RECOMMENDATION
The Committee recommends that the State party undertake a study into the reasons behind the high divorce rate and encourages the State party to increase its efforts to provide child-care facilities and to develop family education and awareness through, inter alia, providing support, including training for parents in parental guidance and joint parental responsibilities.
Recommendation No: CRC-51
Recommendation Year: 2016
Recommendation Text: The Committee recommends that the State party undertake a study into the reasons behind the high divorce rate and encourages the State party to increase its efforts to provide child-care facilities and to develop family education and awareness through, inter alia, providing support, including training for parents in parental guidance and joint parental responsibilities.
Convention/Treaty Body: Convention on the Rights of the Child 
Information Deadline:
Implementation Deadline:
Related Human Rights Articles
CRC Article 5 - States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
Stakeholders
Ministry of Gender, Family & Social Services (MoGFSS)
Relevant Articles of the Constitution
No Relevant Articles of the Constitution
Relevant Legislation Articles
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.
19 - No parent shall, in the event of disagreement or conflict between parents or in the event of separation of parents, act in a manner detrimental to the health, education and conduct of the child.
40 - 40. a.The mother of the child shall have a prior right in accordance with this Act to be entrusted with the custody of the child. b.Where the judge is of the opinion that the mother of the child is in want of the qualifications stated in section 41 of this Act for entrusting the custody of the child, the person to whom the custody of the child may be entrusted shall be determined by the Court from amongst persons provided in the Regulations made under this Act and in accordance with the order in which they are provided in those Regulations. c.Where custody of a female child is entrusted to a man, he shall be a person within prohibited degrees of marriage in respect of that child. d.Where there is more than one person to whom custody of the child may be entrusted in relation of a child and they are in equal degree of relations with the child, the custody of the child shall be entrusted to person who appears to be most compassionate towards the child and who bears the most virtuous character. e.In entrusting custody of the child in accordance with this section, paramount consideration shall be had to the welfare of child.
41 - 41. The person to whom custody of a child is entrusted shall possess the following qualifications: a.The person shall be a Muslim; b.The person shall be of sound mind; c.The person shall be capable of providing compassion and care necessary for upbringing the child; d.The Person shall not be involved in the commission of vice acts prohibited in Shari’ah. In addition to the presence of qualifications mentioned in subsections (a), (b), (c) and (d) of this section, the person’s dwelling shall not be a place that may subject the child to any undue physical or immoral influence.
42 - 42.The right to custody shall lose upon occurrence of any of the events stated below: a.Where custody of the child is entrusted to the mother of the child, her marriage to a person who is not within prohibited degrees of marriage in respect of the child; b.Where custody of the child is entrusted to a person who openly commits vice acts prohibited in Shari’ah; c.Where custody of the child is entrusted to the mother of the child, change of her residence to a different island except to return to her own island of residence without the consent of the father or legal guardian of the child or change of her residence to a different residence in manner that injures the visitation rights of the father of the child; d.Where the person to whom the custody of the child is entrusted renounces Islam.; e.Where the person to whom the custody of the child is entrusted neglects the child or treats the child with cruelty.
13 - Appropriate measures shall be taken to ensure the pre-natal health of the mother and the health of the child after birth.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 23 - The right to marry and found a family and equal rights between men and women within the marriage at its dissolution.
ICCPR Article 24 - The rights for children (status as minors, nationality, registration and name).
ICESCR Article 10 - The right to family protections, i.e., marriage only by consent, leave for new mothers and protection of children from exploitation.
CEDAW Article 4 - Article 4 1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved. 2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
CEDAW Article 5 - Article 5 States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; (b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.
CEDAW Article 11 - Article 11 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to work as an inalienable right of all human beings; (b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; (c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training; (d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; (e) The right to social security, particularly in cases of retirement, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave; (f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of reproduction. 2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures: (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them. 3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary.
CEDAW Article 12 - Article 12 1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning. 2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.
CEDAW Article 16 - Article 16 1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage; (b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent; (c) The same rights and responsibilities during marriage and at its dissolution; (d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount; (e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights; (f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. 2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
CRPD Articles 1-4  - foundational Articles that articulate the purpose, definitions and general principles of the Convention and establish general obligations for States Parties.
ICERD Article 5 - Non-discrimination; equality before the law; general policy
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Family environment