16 - 16. (a) Freedom at all times and circumstances, from actions of torture, cruel, inhumane and degrading actions and punishments beyond the limits of human dignity, is a fundamental right of every person in the Maldives. (b) Circumstances where the country is at war, or when war is imminent, or times of political instability, or times when the rate of crime is unusually high, or times when an emergency status may be declared, shall not be considered as an excuse or a defence to committ an act of torture, or to inflict cruel, inhumane or degrading actions on a person, or to give a penalty or punishment beyond the limits of human dignity. (c) To claim that the inflicting of torture on a person, or subjecting a person to cruel, inhumane or degrading circumstances, or inflicting a penalty or punishment beyond the limits of human dignity was done in the course of pursuing a persons official capacity, or to claim that the actions were a result of following the orders of a superior, or to claim that for the fear of termination of the person’s job if the orders are not pursued or to claim that a person being unaware that the act was illegal shall not be considered as a valid excuse or defence to torture, commit cruel, inhumane or degrading actions, or to give a penalty or punishment beyond the limits of human dignity.

19 - 19. (a) A person being detained for more than 24 (twenty four) hours, has the right to request the detaining authorities to consult a doctor working in a location other than the place where he is detained – to check the status of his health and well-being, once the first 24 (twenty four) hours of detention has been completed. Detaining Authority should inform a person being detained that he/her has the right stated in this subsection. (b) If a person in detention requests consultation with a doctor within 24 (twenty four) hours of release as mentioned in subsection (a) of this Article, the authorities of such detention facility shall facilitate the request within 24 (twenty four) hours of receiving the request. (c) A person released from detention has the right to request from the facility at which the person was detained, to seek consultation from a doctor working at a location other than the place where he was detained – to check the status of his heath and well-being, within the first 24 hours of the person’s release. (d) ) If a person released from detention requests consultation with a doctor within 24 (twenty four) hours of release as mentioned in subsection (c) of this Article, the authorities of such detention facility shall facilitate the request within 24 (twenty four) hours of receiving the request. (e) The costs incurred in obtaining the medical consultation mentioned in subsection (a) and (c) of this article shall be borne by the person seeking consultation from the physician. However, if the commission finds that the person lacks the financial capacity to bear the costs of such consultation, the State will have to arrange the costs of such consultation. The commission establish a mechanism to make it possible for financial arrangements to be made within 24 (twenty four) hours. For the purposes of this Article, the costs shall be borne by the party which detained the person or the party upon whose orders the person was detained.

7 - ..

69 - • To provide medical treatment to the convicts and detainees and to inform the Director of Prisons where the treatment cannot be given to the convict in prison. • Determine the type of food which a convict needs due to a medical condition. • Do assessment reports to determine the medical and mental health of the convicts and detainees.

22 - 22. a. The Commission possesses the power to inquire into and investigate complaints on infringement of human rights, or foreseeable infringements of human rights of a person or persons filed at the Commission by a person or persons, or a representative acting on their behalf. b. The Commission is empowered to do the following with regard to an investigation: 1. Summon witnesses to the Commission and procure their statements. 2. Summon persons related to an ongoing investigation to the Commission and procure their statements. 3. Procure and examine relevant documents, when necessary, in an ongoing investigation. 4. Should the Commission have reason to believe a party is capable of assisting the Commission in an ongoing investigation on particular areas, the Commission shall request specific information from such a party in writing. 5. Should a government authority fail within the given period of time to provide information or submit a report requested by the Commission regarding a complaint filed at the Commission, the Commission shall inquire into the matter in its own capacity. 6. Instruct a person being questioned by the Commission in an ongoing inquiry not to leave the Maldives except with the permission of the Commission. 7. Conduct investigations in public or in closed sessions. 8. Conduct investigations by a single member or a committee comprising members of the Commission. 9. Procure evidence regarding an ongoing inquiry. 10. Accept legal counsel. c. Any authority which detains a person as per the law or Shari’ah, shall assist the detainee to file a matter or a complaint at the Commission. Upon receipt of the matter or complaint, the authority shall deliver it to the Commission, in a sealed envelope without any alterations and without disclosing its contents to any other party. d. This Act does not permit a person who has lodged a complaint to be subjected to any form of harassment, intimidation, agony or any other repercussions.

Section 4 - specifies the categories of prisons

22 - obligation to set professional standards and to ensure that the prison system adheres to these standards

142 - Minister of Home Affairs can establish a detention facility after making a regulation under the Act, to detain migrant workers on request by Controller of Immigration under the Maldives Immigration Act (1/2007) until they are deported

40 - .

Regulation on Using the Legal and Discretionary Powers - Using Legal and Discretionary Powers

Maldives Police Service General Regulation (2008) - Maldives Police Service General Regulation

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.

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.

ICESCR Article 2 - Countries shall implement these rights “to the maximum of its available resources” and ensure equality in the enjoyment of the rights of the treaty.

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 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.

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.

CRC Article 4 - States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.

CRC Article 13 - 1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice. 2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; or (b) For the protection of national security or of public order (ordre public), or of public health or morals.

CRC Article 14 - 1. States Parties shall respect the right of the child to freedom of thought, conscience and religion. 2. States Parties shall respect the rights and duties of the parents and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others.

CRC Article 15 - 1. States Parties recognize the rights of the child to freedom of association and to freedom of peaceful assembly. 2. No restrictions may be placed on the exercise of these rights other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

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.

CRPD Article 11 - Situations of risk and humanitarian emergencies

ICERD Article1 - Definition of Racila Discrimination

ICERD Article 2 - Measures to Eliminating Racial Discrimination

CRC-6 - CRC

CRC OP- 16 - CRC-OPSC

CEDAW - 9 - CEDAW

CEDAW - 11 - CEDAW