RECOMMENDATION
The Committee reiterates its previous recommendation (CRC/C/MDV/CO/3 of 2007, para. 45) and urges the State party to ensure that the right of children to be heard is respected, in accordance with their age and maturity, at any proceeding which may impact their rights, particularly in actions taken by social welfare institutions, courts of law and administrative authorities, including at the local level and in relation to giving testimony in court.
| Recommendation No: | CRC-33 |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee reiterates its previous recommendation (CRC/C/MDV/CO/3 of 2007, para. 45) and urges the State party to ensure that the right of children to be heard is respected, in accordance with their age and maturity, at any proceeding which may impact their rights, particularly in actions taken by social welfare institutions, courts of law and administrative authorities, including at the local level and in relation to giving testimony in court. |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 12 - 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
Stakeholders
Supreme Court of the Maldives (SC)
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Prosecutor General's Office (PGO)
Relevant Articles of the 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
12 - Identity of and information relating to children who are victims of sexual abuse or of acts of exploitation or of acts detrimental to the integrity of a child shall not be disclosed to the public.
44 - 44.
a.The custody of the child shall remain with the person to whom custody is entrusted until the child completes the age of 7 years according to the Islamic calendar. Provided however, the Court may, upon application by the person to whom custody is entrusted, grant the custody of a female child until the child completes the age of 11 years according to the Islamic calendar and that of male child until the child completes the age of 9 years according to the Islamic calendar.
b.Unless the Court orders otherwise, the child shall upon expiry of the period of custody, or completion of the requisite age of custody, have the right to live with either of the parents the child may elect.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 19 - The freedom of opinion and expression.
ICCPR Article 20 - Prohibition on propaganda advocating war or national, racial or religious hatred.
ICERD Article 4 - Implementation of the instrument;
legal punishability of offences
ICERD Article 5 - Non-discrimination; equality before
the law; general policy
Related Recommendations of other Treaty Bodies
No Related Recommendations of other Treaty Bodies
Related SDGs
No Related SDGs
Categories
No Categories