implementation of the Act. Ensure proper functioning of Disability Council. Guarantee that PwDs have access to all public places
including mosques.
Education – Children with Disabilities
21. For children with severe and multiple disabilities, right to education is yet to be fully realized within school system.156 While
institutions outside of Male’ are not equipped to identify children with disabilities, schools do not have adequate resources to
provide effective specialized education for children with most types of disabilities. 157 While families of CwDs are forced to migrate
to Male’ in order to seek educational opportunities, the move is costly and logistical challenging. 158
22. Prevalent social norms also create barriers for CwD, as many parents believe that education is unnecessary for them.159 MEMIS - a
system established to recognize, track and monitor school attendance of all school-aged children - has limitations as it fails to
consider the number of children in each catchment area.160
Recommendations: Ensure education for all children with disabilities.
Child Protection
23. Shortage of counsellors in educational sector is a challenge faced by schools to address cases of bullying 161and abuse.162
While marriage of minors are permitted under special conditions, 163 an approval of the apex court is required before registration
of marriages involving minors.164 However, acts that be considered as sex offences under Special Provisions Act to Deal with Child
Sex Abuse Offenders (12/2009) are disregarded if an adult is legally married to a minor. 165
24. Only proportion of reported child abuse victims get justice as a result of gaps in legal framework, weak evidence-led investigations,
dismissal or decline of cases sent for prosecution due to procedural issues. 166 Legal age of consent,167 weak standards on child
testimony, delays in reporting, transportation difficulties, insufficient and non-functional safe houses remained as prevalent
challenges faced in CPS.168Concurrently, functioning of victim support system continues to be affected by a weak CPS that is under
resourced with inconsistencies in capacity.169Financial dependence on perpetrator and protection of family honour are still factors
that contribute to societal attitudes to treat child abuse as a private matter. 170Similarly, reasons why people have lost faith in CPS
include belief that perpetrator use political influence for protection and issues pertaining to confidentiality. 171
25. Minimum Standards for Children’s Homes remain unendorsed.172 Resource and capacity constraint were setbacks in application of
these standards which affected the quality of services provided for children under state care. 173 Issues of overcrowding, hygiene,
unmet healthcare, record keeping and lack of co-ordination between care-workers and counsellors were also evident in homes for
children.174 Children in state care remain vulnerable to abuse.175Acts of torture are excluded in legal and disciplinary proceedings
involving abuse cases of children under state care.176
Recommendations: Abolish child marriages. Enact evidence bill, child rights bill, education bill and witness protection bill.
Strengthen coordination, and commitment amongst stakeholders dealing with child abuse and treatment and rehabilitation
measures of victims.177 Ensure that those institutions that accommodate children under State care report all cases of torture to
HRCM. Allocate sufficient resources to strengthen CPS.
Juvenile Justice
26. Absence of legislations and strategic direction remained as setbacks in application of article 37, 39 and 40 of CRC. 178 Moreover,
lack of sensitivity among the limited professionals in JJS were significant challenges faced. 179
27. First time JOs increased and nearly half of them were school dropouts. 180,181,182,183Juveniles remain exploited by drug dealers. 184
Majority of JOs involved in various criminal offences were boys aged 15 to 18 years. 185 Presently, children below 15 years have
benefit of an excuse defence except for Hadd offences.186 Legal aid is only provided to serious criminal offences.187
28. Enforcement of separation of categories, material conditions188 and rehabilitation of incarcerated were not enforced 189 as
stipulated in international guidelines.190, 191,192
29. Accommodation of JOs with children with behavioural issues, prevalence of misconduct and sexual violence among children, denial
of education, lack of health checks were among various issues observed in ETCC. 193 Consequently, HRCM issued a directive in 2016
to transfer the children in ETCC to a safe environment as government had overlooked the outcome of constructive dialogues held
to discuss these issues.194 Similarly, residential care provided in Police Training School at Dh. Vaani in 2016 to rehabilitate juveniles
with behavioural issues violated ATA.195
Recommendations: Enact Juvenile Justice Bill and establish effective rehabilitation mechanisms. Eliminate administrative
detention of children as per article 37(b) of CRC. Ensure that mechanisms are established to protect juveniles from torture, cruel,
inhumane, degrading treatment or punishment.
Gender Equality & Violence against Women
30. Although there is a disproportionate disparity in representation of women in public office, 196, 197 the State has not taken any
affirmative actions to address this gap. 198 Women are vastly underrepresented in the judiciary, executive and policy level. 199
Women in public life are held up to higher standards than men. 200 Women are obliged to prioritize domestic life over professional
life due to stereotypical gender roles. 201, 202, 203 Media portrayal of women is negative and victimizing.204 Religious rhetoric is still
used to keep women from fully realizing their potential. 205 WDCs are not given priority: they are not fully functional; lack sufficient
budget and office space to work. 206, 207, 208 Elections for WDCs are held by LGA instead of EC and only women vote in the
election.209,210,211
31. Majority of domestic violence cases investigated are pertaining to VAW.212 Cases of VAW investigated and prosecuted are
significantly low compared to the cases reported.213 Challenges cited by LEAs in investigating, prosecuting and convicting VAW
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