RECOMMENDATION
The State party should: (a) take steps to ensure the incorporation of the Convention into the State party’s national legal system in order to make its provisions directly applicable and enforceable by the courts; (b) expeditiously adopt the gender equality bill and ensure that it includes a definition of discrimination, in conformity with article 1 of the Convention, encompassing both direct and indirect discrimination in the public and private spheres, as well as the principle of gender equality, in line with article 2 of the Convention; (c) conduct a systematic gender review of its legislation as part of the ongoing legal reform with a view to bringing it into full compliance with the Convention and ensuring that all discriminatory provisions, including family and criminal law provisions, are repealed or amended; (d) enact the regulations required for the full implementation of the Domestic Violence Prevention Act (2012) and the Prevention of Human Trafficking Act (2013).
Recommendation No: CEDAW - 11
Recommendation Year: 2015
Recommendation Text: The State party should: (a) take steps to ensure the incorporation of the Convention into the State party’s national legal system in order to make its provisions directly applicable and enforceable by the courts; (b) expeditiously adopt the gender equality bill and ensure that it includes a definition of discrimination, in conformity with article 1 of the Convention, encompassing both direct and indirect discrimination in the public and private spheres, as well as the principle of gender equality, in line with article 2 of the Convention; (c) conduct a systematic gender review of its legislation as part of the ongoing legal reform with a view to bringing it into full compliance with the Convention and ensuring that all discriminatory provisions, including family and criminal law provisions, are repealed or amended; (d) enact the regulations required for the full implementation of the Domestic Violence Prevention Act (2012) and the Prevention of Human Trafficking Act (2013).
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) | Family Protection Authority (FPA) | Ministry of Gender, Family & Social Services (MoGFSS) | Maldives Police Service (MPS)
Relevant Articles of the Constitution
16A - This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this Constitution. Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.
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.
ICCPR Article 3 - Ensure equal enjoyment of treaty rights between men and women.
ICCPR Article 26 - Everyone is equal before the law and has a right to legal protection “of the law” without discrimination.
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 3 - Equality between men and women in the enjoyment of these rights.
CRC Article 2 - 1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. 2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.
CRPD Article 5 - Equality and non-discrimination
ICERD Article 2 - Measures to Eliminating Racial Discrimination
ICERD Article 5 - Non-discrimination; equality before the law; general policy
Related Recommendations of other Treaty Bodies
CRC OP- 12 - CRC-OPSC
CRC OP- 19 - CRC-OPSC
CRC-15(b) - CRC
CRC-45(d) - CRC
CRC OP- 25 - CRC-OPSC
Related SDGs
No Related SDGs
Categories
Legislative framework and definition of discrimination against women