RECOMMENDATION
The State party should: (a) Strengthen the implementation of the Prevention of Human Trafficking Act, including by enhancing capacity-building efforts for law enforcement and border patrol officers in order to increase their ability to identify potential victims of trafficking; (b) Allocate adequate human, financial and technical resources to the Government Oversight Committee, as well as for the implementation of the National Action Plan against Human Trafficking; (c) Establish appropriate protocols aimed at the early identification and referral of, and assistance to and support for, victims of trafficking, especially migrant and rural women, and develop mechanisms for the investigation, prosecution and punishment of trafficking offenders; (d) Systematically collect information on trafficking in women and girls to, from and within the State party in order to take informed measures to tackle the phenomenon, and conduct research on the internal trafficking risk factors to which women and girls from rural and remote islands travelling to Male or other islands for educational or employment opportunities are exposed and take measures to reduce such risks; (e) Consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.
| Recommendation No: | CEDAW - 25 |
|---|---|
| Recommendation Year: | 2015 |
| Recommendation Text: | The State party should: (a) Strengthen the implementation of the Prevention of Human Trafficking Act, including by enhancing capacity-building efforts for law enforcement and border patrol officers in order to increase their ability to identify potential victims of trafficking; (b) Allocate adequate human, financial and technical resources to the Government Oversight Committee, as well as for the implementation of the National Action Plan against Human Trafficking; (c) Establish appropriate protocols aimed at the early identification and referral of, and assistance to and support for, victims of trafficking, especially migrant and rural women, and develop mechanisms for the investigation, prosecution and punishment of trafficking offenders; (d) Systematically collect information on trafficking in women and girls to, from and within the State party in order to take informed measures to tackle the phenomenon, and conduct research on the internal trafficking risk factors to which women and girls from rural and remote islands travelling to Male or other islands for educational or employment opportunities are exposed and take measures to reduce such risks; (e) Consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime. |
| Convention/Treaty Body: | Convention on the Elimination of All Forms of Discrimination against Women |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
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.
CRC Article 6 - 1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
CRC Article 11 - 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.
CRC Article 19 - 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.
Stakeholders
Attorney General's Office (AGO)
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Ministry of Finance (MoF)
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Maldives Immigration (MI)
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Ministry of Economic Development (MoED)
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Maldives Police Service (MPS)
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People's Majlis (PM)
Relevant Articles of the Constitution
17B - Special assistance or protection to disadvantaged individuals or groups, or to groups requiring special social assistance, as provided in law shall not be deemed to be discrimination, as provided for in article (a).
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.
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
No Relevant Legislation Articles
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
CRC Article 32 - 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular:
(a) Provide for a minimum age or minimum ages for admission to employment;
(b) Provide for appropriate regulation of the hours and conditions of employment;
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.
CRC Article 33 - States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.
CRC Article 34 - States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, States Parties shall in particular take all appropriate national, bilateral and multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
CRC Article 35 - States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
CRC Article 36 - States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
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.
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Human Trafficking