RECOMMENDATION
The State party should: adopt specific legislation, within a clear time frame, to criminalize marital rape without any exemptions; (a) To ensure the effective implementation of the Domestic Violence Prevention Act, including by allocating adequate financial resources for the implementation of the Domestic Violence Prevention National Strategy, and establish mechanisms to ensure that law enforcement officers respond to and investigate complaints regarding violence against women and that perpetrators are prosecuted and punished; (b) To put in place an effective system to monitor and evaluate the implementation, effectiveness and impact of the new legislative framework and collect disaggregated data on the number of prosecutions and convictions of perpetrators; (c) To strengthen victim assistance and rehabilitation by establishing a comprehensive care system for women who are victims of violence, including medical and psychological support, counselling and rehabilitation services, throughout the territory of the State party and, to that end, increase the effectiveness of the family and protection services centres and safe houses by providing adequate funding and trained personnel; (d) To disseminate clear information aimed at specific groups, including teenage girls and migrant women, on the criminalization of various forms of violence under the new legislative framework; (e) To develop measures to encourage women to lodge criminal complaints, and to eliminate the stereotyping and stigmatization faced by women who are victims of violence and claim their rights.
Recommendation No: CEDAW - 23
Recommendation Year: 2015
Recommendation Text: The State party should: adopt specific legislation, within a clear time frame, to criminalize marital rape without any exemptions; (a) To ensure the effective implementation of the Domestic Violence Prevention Act, including by allocating adequate financial resources for the implementation of the Domestic Violence Prevention National Strategy, and establish mechanisms to ensure that law enforcement officers respond to and investigate complaints regarding violence against women and that perpetrators are prosecuted and punished; (b) To put in place an effective system to monitor and evaluate the implementation, effectiveness and impact of the new legislative framework and collect disaggregated data on the number of prosecutions and convictions of perpetrators; (c) To strengthen victim assistance and rehabilitation by establishing a comprehensive care system for women who are victims of violence, including medical and psychological support, counselling and rehabilitation services, throughout the territory of the State party and, to that end, increase the effectiveness of the family and protection services centres and safe houses by providing adequate funding and trained personnel; (d) To disseminate clear information aimed at specific groups, including teenage girls and migrant women, on the criminalization of various forms of violence under the new legislative framework; (e) To develop measures to encourage women to lodge criminal complaints, and to eliminate the stereotyping and stigmatization faced by women who are victims of violence and claim their rights.
Convention/Treaty Body: Convention on the Elimination of All Forms of Discrimination against Women 
Information Deadline:
Implementation Deadline:
Related Human Rights Articles
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.
Stakeholders
Attorney General's Office (AGO) | Ministry of Finance (MoF) | Family Protection Authority (FPA) | Ministry of Gender, Family & Social Services (MoGFSS) | Maldives Police Service (MPS) | Ministry of Health (MoH)
Relevant Articles of the Constitution
17A - Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.
20 - Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.
21 - Everyone has the right to life, liberty and security of the person, and the right not be deprived thereof to any extent except pursuant to a law made in accordance with Article 16 of this Constitution.
54 - No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.
62A - The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons.
65 - Anyone whose rights or freedoms, as guaranteed by this Chapter, have been infringed or denied may apply to a court to obtain a just remedy
Relevant Legislation Articles
No Relevant Legislation Articles
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 2 - 1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
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
No Related Recommendations of other Treaty Bodies
Related SDGs
GOAL 05
Categories
Violence against women