The lack of a written policy also means that there are no mechanisms according to which court procedures can be accurately assessed for their child-friendliness. It also means that there is no set procedure for identifying whether the practices are standard or implemented on an ad hoc basis, according to the personal preferences and beliefs of a particular court official. As in the case of Health Ministry, the lack of written standards of operation is hindering, if not participation itself then at least, the accurate assessment of the levels of such participation. Education Article 36 of the Constitution of 2008 stipulates that everyone has the right to education without discrimination of any kind. The Constitution also makes it an imperative of the parents and the State to provide children with primary and secondary education and also provides that higher education shall be generally accessible to all citizens. Currently there is no special provision that constitutes an education law in the Maldives16. However, an Education Act has been in the draft stages since 2009. If and when passed, the Act will ‘establish a strong legal framework for the provision of education from preschool to higher education’ and will make provisions for education to be compulsory. There are, however, no formal mechanisms for children’s participation provided for in the Education Bill as it stands. Children do have a say in the formation and implementation of education policy through their membership in the recently established School Boards, and also through the participatory mechanisms introduced in the form of leadership posts allocated to students elected to School Councils. Children are elected to these posts through voting mechanisms. These mechanisms differ from school to school and, from the findings in the focus groups, are regarded as more democratic and participatory in secondary schools than in primary schools. Each School Board reserves one place for the captain of the school, along with the School Principal, School Administrator, two members of the Ministry of Education and the vice-president of the Parent Teacher Association, a parent and a teacher. The role of the School Captain is to ‘share the feelings of students.’17 Responsibilities of the School Board include designing and monitoring the strategic plan of the school, advising the formation of the annual budget; overseeing school expenses; passing and monitoring of large investments; participating in curriculum design at the national level; passing regulations related to staff; providing advice on the appointment of the school principal; and publicising school objectives to the general public18. Given the gravity of the responsibilities of the school boards, the inclusion of the School Captain as a member of the board is a positive step towards ensuring that children’s opinions and views are taken into consideration in formulating and implementing policies related to their education. Discussions with children during the focus groups sessions, however, indicate that there are gaps between policy and reality as discussed later in this report. UNESCO, “World Data on Education: Maldives”, VII Ed. 2010/11, 7th Ed., July 2011, accessed http://unesdoc.unesco.org/images/0021/002113/211307e.pdf on November 20, 2011 17 Ministry of Education, “School Board Policy”, (2009) accessed http://www.moe.gov.mv/v3/moe/media/197.pdf on November 21, 2011 18 Ibid. 16 14