4. Legal and policy review
“We are only now beginning to seek adult participation in our decision-making
processes…how can we have a culture of children’s participation?”
– Government official
The extent to which children’s rights are enshrined within a country’s legislative framework
reveals, to a large extent, how children are perceived within that society. The 2008 Constitution
of the Maldives recognises that children must be afforded special protection in the event of their
parents’ marital breakdown; and also outline several other areas in which children need special
protection such as against sexual and other abuses; discrimination; and social and economic
exploitation (Article 35). Education is also recognised as a right, and the State undertakes to
provide free secondary and primary education to all children (Article 36).
However, the Constitution does not specifically recognise children’s right to participation in sociopolitical and other decisions that affect their lives directly. In fact, children’s right to participate in
the processes of such decision-making is explicitly provided for in only a very small number of
legislative or policy instruments relevant to the lives of children. Remarkably, the Law on the
Protection of the Rights of the Child (Law No:9/91) itself does not contain any provision that
requires authorities to seek the participation of children in such processes.
This review assesses legislative and policy documents/structures related to Maldivian children to
verify the level at which children’s right to participate is recognised in them, and in the general
attitude towards children in various institutions that deal with children. The review focuses on child
and youth participation in the following areas:
Family
Education (including primary school)
Play, recreation and sports
Judicial and administrative proceedings
Alternative care
In situations of violence
Public life, civil society and the media
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