2. Measures taken to increase counseling services to couples having marital problems and other
difficulties
3. plans to increase present maternity, paternity and circumcision leave
4. Total number of government ministries that have standardized a procedure to implement flexi
hour program and provide statistics on women who have applied to this program
5. Measures taken to support establishment of day care centers
Children in alternative care (Article 20)
40. Provision 11 of Law on Protection of Rights of the Children (9/91) states that particular attention to
be given to the rights of orphans and indigent children. It also affirms that for of parents and welfare
of children deprived of parents and children without legal guidance should be provided in such
manner as is possible at the time.
41. Ministry of Law and Gender (MoLG) has the mandate to oversee functioning of state care centers
namely Kuda Kudhinge Hiyaa, Amaan Hiyaa, and Educational Training Centre for Children. These
centers are designated to provide alternative care and secure environment for children deprived of
other means of primary care such as orphans, children whose parents are serving a sentence or in
state care, etc.
42. The shift in Ministry of Law and Gender’s status and continuous realignment from one entity to
another during this reporting period impacted operation of the Kuda Kudhinge Hiyaa.68 Moreover,
overall functioning of MoLG suffered gravely due to staff redundancy program introduced by
government in 2011 in an attempt to reduce state expenditure on salaries of civil service. Due to
limited staff in MoLG responses to requests made by the shelter were not promptly dealt.69
43. Paragraph 124 of state report highlighted that although regulations for alternative and institutional
care are not yet endorsed, its practice is in place. While it is accurate to state that regulations and
standard operating procedures (SoP) exist in draft for children under state care, implementation of
it is far from reality.70 The fact that legislative framework for children under state care remains
unendorsed for past 5 years or so, simply depicts level of priority state has towards improving
welfare of children under state care.
44. A draft on Procedure on Administration of Kuda Kudhinge Hiyaa was shared with HRCM for
comments in 2014. This procedure lacks provisions on duration of transfer of a child to state care,
following the assessment required to place children under state care, along with sound monitoring
and support mechanism to facilitate reintegration of children under state care into society.71
Additionally procedure is also silent on provision to facilitate families’ request to meet their children
under state care, provided that it does not disrupt their daily schedule in the best interest of the
children.72
45. Gender based discrimination in alternative care was evident during this reporting period. Alternative
care settings were not designated for adolescent girls who needed protection, while such
arrangement existed for boys. This was an issue highlighted in various constructive dialogue sessions
held by HRCM with relevant government stakeholders to oversee implementation status of
recommendations of NPM. Prior to 2014, Kuda Kudhinge Hiyaa designated for children under 9
years of age was used to shelter adolescent girls who needed protection.
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