126.
Ministry of Law and Gender believes that the current Child Rights Act (9/91) needs to be
changed in order to protect children from abuse and ill treatment, and the ministry is currently
drafting a new bill which gives more emphasis on protecting children from abuse and ill treatment
within the family.
The committee may wish to ask the government
1. Measures taken to implement necessary legislative changes to protect children from all forms of
abuse.
2. Rehabilitation programmers for child victims to help the victims to recover and reintegrate into
the society
Juvenile Justice (Article 40)
127.
Report published by Juvenile Justice Unit (JJU) under Ministry of Home Affairs show that number
of children involved in criminal activities are increasing at an alarming level.217 However the state
has fallen short addressing the root cause of the problem and taking effective measures to address
this issue. There are no correctional facilities for the children in conflict with the law and the
rehabilitation programs are mostly one on one session conducted by JJU. Disaggregated data of
juvenile delinquents who entered the available rehabilitation programs and return to the society are
not maintained.
128.
Maldives has adopted restorative justice system in prosecuting Juvenile delinquents and follow
basic principles of UN guidelines in administering juvenile justice. Even though juveniles are
sentenced, depending on the nature of crime, implementation of the sentence for a minor can be
delayed for a set period of time or until they reach 18 years, on condition of substantial changes in
behavior.218 Although, human resource, rehabilitation and support programs remain limited for
proper functioning of a juvenile justice system; the lack of political will along with resource
constraints impact addressing these issues.
129.
Despite existence of a longstanding moratorium, a regulation on procedures for death penalty
was recently introduced and its enforcement for minors is delayed until 18 years of age. The age of
criminal responsibility is 15 years and minors can be held for Hadd offences. Bills such as Criminal
Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to
establish an independent forensic institution to provide accurate information to make an impartial
decision on matters concerning administration of death penalty.219
130.
Status offences such as running away, smoking, hanging out late at night without parents, etc.
are seen as an offense by some agencies. Currently, there is no efficient and effective system to deal
minors who are involved in status offences and often they end up becoming an offender.
The committee may wish to ask the government
1. Status of Evidence Bill, Witness Protection Bill, Criminal Procedure Code and Juvenile Justice Bill.
2. Coordination amongst stakeholders dealing with child abuse and rehabilitation measures of
victims.
3. Availability of counseling facilities at educational institutions.
4. Establishment of independent forensic institution
5. Status of abolishing death penalty for minors.
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