RECOMMENDATION
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.
| Recommendation No: | CEDAW - 45 |
|---|---|
| Recommendation Year: | 2015 |
| Recommendation Text: | 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/Treaty Body: | Convention on the Elimination of All Forms of Discrimination against Women |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CEDAW Article 3 - Article 3
States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women , for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.
CEDAW Article 13 - Article 13
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: (a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
CEDAW Article 14 - Article 14
1. States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas.
2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:
(a) To participate in the elaboration and implementation of development planning at all levels;
(b) To have access to adequate health care facilities, including information, counselling and services in family planning;
(c) To benefit directly from social security programmes;
(d) To obtain all types of training and education, formal and non-formal, including that relating to functional literacy, as well as, inter alia, the benefit of all community and extension services, in order to increase their technical proficiency;
(e) To organize self-help groups and co-operatives in order to obtain equal access to economic opportunities through employment or self employment;
(f) To participate in all community activities;
(g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;
(h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.
Stakeholders
Attorney General's Office (AGO)
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Supreme Court of the Maldives (SC)
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Ministry of Gender, Family & Social Services (MoGFSS)
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.
Relevant Legislation Articles
No Relevant Legislation Articles
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
No Relevant Articles of other Human Rights Conventions
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
Marriage and family relations
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Non-discrimination