RECOMMENDATION
The Committee urges the State party to repeal article 28 of the Law on the Protection of the Rights of the Child and ensure that its legislation offers full and equal protection to all persons under the age of 18 without any exceptions.
| Recommendation No: | CRC-25 |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee urges the State party to repeal article 28 of the Law on the Protection of the Rights of the Child and ensure that its legislation offers full and equal protection to all persons under the age of 18 without any exceptions. |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 1 - Article 1
For the purposes of the present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier
Stakeholders
Attorney General's Office (AGO)
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Maldives Police Service (MPS)
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Prosecutor General's Office (PGO)
Relevant Articles of the Constitution
No Relevant Articles of the Constitution
Relevant Legislation Articles
28 - a) “children” means persons under the age of 16 years according to the Gregorian calendar and shall include human embryos
and foetuses.
b) “Parents” means the mother, father and legal guardian of the child and shall include persons having custody or guardianship of the child.
c) “Psychological harm” and “psychological effect” means any adverse change, by reason of being deeply effected emotionally or mentally, to a person’s
behaviour or manner of rationalization.
4 - 4.a.Except in those circumstances provided in subsection (b) of this section, a marriage under this Act may be solemnized only where each of the persons entering into the marriage has completed 18 years of age in accordance with the Gregorian Calendar.
4.b.Where a person who has not completed 18 years of age in accordance with the Gregorian Calendar makes an application to marry, the Registrar of Marriages has the discretion, where that person has attained puberty, to grant approval to the solemnization of that marriage upon having considered the person’s physical well being, competence to maintain a livelihood, and reasons for contracting the marriage.
55 - 55.
a.Where it is established that father of children who have not yet completed 18 years according to the Gregorian Calendar and have no financial means to support themselves is unable to provide financially towards their upbringing, the Court shall discuss the matter with relatives of the children and where a person or person from among the relatives of those children agree, appoint such relative or relatives to be responsible for the upbringing of those children and bear the costs associated with their maintenance. b.The Court shall in determining the amount of maintenance mentioned in subsection (a) of this section, take into account the basic needs of the children requiring maintenance, the financial competence of the person or persons who agreed to take over responsibility for the maintenance of the children to in accordance with subsection (a) of this section, and the respective extent to which such person or persons shall share in the estate of the children.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
CRPD Articles 1-4 - foundational Articles that articulate the purpose, definitions and general principles of the Convention and establish general obligations for States Parties.
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
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