RECOMMENDATION
The Committee also recommends that the State party urgently develop programmes for children and adolescents leaving care and explores without further delay possibilities for the development of traditional foster care systems, such as family/community-based alternative care
| Recommendation No: | CRC-53(3) |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee also recommends that the State party urgently develop programmes for children and adolescents leaving care and explores without further delay possibilities for the development of traditional foster care systems, such as family/community-based alternative care |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 20 - 20
1. A child temporarily or permanently deprived of his or her family environment, or in whose own best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance provided by the State.
2. States Parties shall in accordance with their national laws ensure alternative care for such a child.
3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall be paid to the desirability of continuity in a child's upbringing and to the child's ethnic, religious, cultural and linguistic background.
Stakeholders
Ministry of Gender, Family & Social Services (MoGFSS)
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.
35B - Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the State.
34B - Children must be afforded special protection as specified in law in the event of a marital breakdown of the parents.
Relevant Legislation Articles
2 - Guidance and services for pre-natal and post-natal health care for mothers and children shall be provided subject to the economic situation of the Maldives at the time. Efforts shall be made to ensure the availability of and access to food and medicine essential for children in all inhabited islands.
6 - Treatment and care of mentally or physically disabled children shall be facilitated to the extent possible at the time. Efforts shall be made to enable such children to participate in the activities of the community by providing the special care and assistance required by them
7 - Special programmes providing useful information and guidance to children shall be ncluded in television and radio programmes. Such programmes must not contain any material verbal or pictorial, which may adversely influence the morals or behaviour of children.
10 - Punishment given in schools must be appropriate to the age of the child and should not be physically or psychologically harmful to the child.
11 - Particular attention shall be given to protect the rights of orphans and indigent children in the Maldives. The maintenance and welfare of children deprived of parents and children without legal guidance, who have no means of sustenance, should be provided for, in such manner as is possible at the time.
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.
16 - Particular attention shall be given to prevent acts detrimental to integrity of children and acts of sexual abuse,exploitation and oppression against children. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to concerned government authority.
17 - Parents shall, as appropriate to the means available to them, provide medical care to children who are mentally or physically disabled at birth or thereafter, and shall make efforts to provide functional treatment to and rehabilitate such children.
18 - No child shall, even as a measure of discipline be subjected to punishment which may cause physical injury or
which may be detrimental to the health of the child.
19 - No parent shall, in the event of disagreement or conflict between parents or in the event of separation of parents, act in a manner detrimental to the health, education and conduct of the child.
20 - In the event of separation of parents, such parents shall provide for the maintenance of the child in accordance with Shari’ah.
21 - Parents shall pay particular attention to prevent children from marrying before the they attain 16 years of age,considering the adverse physical and psychological effects on the of those who marry before attaining the necessary physical and mental maturity or the necessary maturity for bearing the responsibility of a parent. Further, parents shall, when warranted, advise their children on the adverse effects of marriage before attaining 16 years of age and shall discourage such marriages.
24 - All the children shall be treated equally and humanely and preference must be given to children in the provision of various services. Further, protection and assistance shall be given to children and expectant mothers during land, sea and air travel in the general pursuits of the community. Children under the age of 12 years shall be given special concession on land, sea, air and transportation fares.
56 - 56.
a.Priority shall be given to such person who shall bear responsibility towards upbringing and costs of maintenance as required under this Act pro bono and is capable of undertaking the task.
b.Despite the fact that there may be a person who is willing to bear responsibility towards upbringing and costs of maintenance as required under this Act pro bono, the upbringing of a child may be entrusted to a person willing to bear that responsibility for reward where the person to whom costs of maintenance is attributed has no objection in providing those costs of maintenance.
c.Where the person to whom costs of maintenance is attributed has the financial competence towards payment of costs associated with the upbringing of the child, he shall have no right to object to entrusting the upbringing of the child to another person with payment of costs of maintenance as required under this Act.
3 - Particular attention must be given to children in the vaccination and in the taking of other preventive measures for the protection of the public from plagues and epidemics.
4 - Causes of infant mortality must be identified and every effort must be made to eliminate such causes and the necessary guidance there of must be provided to the public.
5 - Education and upbringing of children shall be facilitated and provided for in every inhabited island of the Maldives, as maybe appropriate, subject to the economic situation and the availability of resources to the Government. In particular, provision must be made to enable every child to learn the essential requirements of the religion. Further facilities of leisure, sports and recreational activities for children shall also be provided subject to the availability of resources at the time.
8 - Efforts must be made to discourage children from misbehaving and violating rules and regulations on the streets and in public places. The Government must organize, in such manner as is possible at the time, the rehabilitation and upbringing of children who are not reformed by such efforts.
9 - A special procedure must be established for the investigation, adjudication of and the imposition of punishment, wherever necessary, for offences committed by children. Further, preference shall be given to rehabilitation of children, who are considered minor in Shari’ah, without imposing punishment on such children.
13 - Appropriate measures shall be taken to ensure the pre-natal health of the mother and the health of the child after
birth.
14 - Parents shall, to the best of their and within the means available to them, provide the child with food, clothing, shelter and medical care and such other requirements.
15 - Parents shall, to the best of their ability and within the means available tothem, take appropriate measures to ensure the proper upbringing and well being of their children, and to facilitate their education to a reasonable standard and their requisite religious education.
22 - Parents shall take measures within their power to prevent their children from abusing narcotic drugs. Parents shall also take measures to prevent their children from smoking.
23 - Parents shall comply with guidance given by Government authorities concerning the health, safety and education of children and other measures relating to children.
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 23 - The right to marry and found a family and equal rights between men and women within the marriage at its dissolution.
ICCPR Article 24 - The rights for children (status as minors, nationality, registration and name).
ICESCR Article 10 - The right to family protections, i.e., marriage only by consent, leave for new mothers and protection of children from exploitation.
CEDAW Article 4 - Article 4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
CEDAW Article 5 - Article 5
States Parties shall take all appropriate measures: (a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
(b) To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.
CEDAW Article 12 - Article 12
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.
2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.
CEDAW Article 16 - Article 16
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
(d) The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
(e) The same rights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights;
(f) The same rights and responsibilities with regard to guardianship, wardship, trusteeship and adoption of children, or similar institutions where these concepts exist in national legislation; in all cases the interests of the children shall be paramount;
(g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
2. The betrothal and the marriage of a child shall have no legal effect, and all necessary action, including legislation, shall be taken to specify a minimum age for marriage and to make the registration of marriages in an official registry compulsory.
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
Children deprived of a family environment