118. The State must take appropriate steps to strengthen juvenile justice system of
Maldives. State must refer to international standards and best practices in developing any
mechanism for juvenile justice. The State should review entrusting the management of
Juvenile detention/correctional facility to an appropriate authority.
Accessibility to Justice System
119. The Justice System of Maldives is not fully accessible to the disabled person and migrant
workers. Although, the courts have a list of translators whom they use in court proceeding,
the courts do not have their own translators, interpreters and assistive devices for persons
with disabilities. Some lawyers have raised their concern stating that these translators are
not competent and the courts do not cross examine them. Some judges have informed
HRCM that in cases where interpreters are needed for the court proceedings, the
defendants have to bring their own interpreters. The trial courts (Criminal Court, Family
Court, Civil Court and Juvenile Court) are situated on the first floor and above in the Justice
Building in the capital, which does not provide adequate access for persons with disabilities.
121. The State should develop accessibility standards and create an enabling environment
in the courts so that the justice system would be fully accessible to the public. State
should take urgent measures to strengthen the judiciary and to provide the
constitutionally guaranteed independence. The JSC should evaluate judges and
magistrates for their eligibility and competence in applying constitutional law, ensuring
equality before the law, and applying human rights standards when interpreting domestic
legislations. Judiciary must further utilize the allocated budget to properly perform its
functions.
Article 17: Right to Privacy
122. The present Constitution ensures everyone the right to respect for private and family
life, home and private communications (article 24). The Constitution further guarantees
that residential property shall be inviolable, and shall not be entered without the consent of
the resident, except to prevent immediate and serious harm to life or property, or under
Chapter: Article 17: Right to Privacy
120. The system fails to provide a conducive environment that offers safety and confidence
to both parties in settling family matters in situations where one of the involved parties and
family members threaten one another. Even in divorce cases where a spousal abuse is
involved, the victimized spouse has to stay in the same island with the abusive spouse, with
the possibility of getting further abused as these cases do not get transferred to Courts in
the capital or another island.
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