The protection vacuum: Maldives grapples with children caught between law and exploitation

The law affords children under 15 such broad protection that it restricts the government's ability to provide rehabilitation or address their behaviour directly, he argued, stressing that tackling underlying causes like housing and drugs would take time.

"And while we are doing that, what do we do about it?" Ihusan asked the UN Committee on the Rights of the Child during its review of the Maldives. "A child of 13 years, 14 years, who is engaged in violent assault? If we wait two, three years down the line to age 15, we might catch him or her in a murder charge, and now who will be responsible for that? So as a state, we would like to actively engage in and accept that reality."

Safeguards will be put in place to "100 percent ensure" that no punitive action would be taken, he added.  

The government's proposed solution of lowering the age of criminal responsibility to 12 drew sharp criticism from the Human Rights Commission of the Maldives. In its shadow report to the committee, HRCM argued these children exist in a "protection vacuum, as unclear institutional mandates leave them vulnerable to exploitation by gangs who deliberately recruit them knowing they cannot be held criminally liable."

The commission warned that some children counted among offenders may themselves be victims. Many remain unidentified "due to systemic and social factors, often being misperceived as engaging in consensual relationships or wrongfully labelled as 'problematic' children or juvenile offenders," HRCM said.

Perpetrators often exploit positions of trust as teachers, religious figures, or relatives and "manipulate community narratives to evade accountability."

The exchange captured the central tension at the examination of the Maldives' child rights record. The government insisted its interventions served children's best interests, but the oversight body warned those same interventions risked doing harm.

The Committee on the Rights of the Child, an 18-member UN expert panel, periodically reviews how states are implementing the child rights convention. Based on government submissions and shadow reports from civil society and the rights commission, the committee will issue formal recommendations in the coming weeks.

Ahead of the review, the committee sent the government a list of issues covering child protection, juvenile justice, disability services, healthcare, education and exploitation. It sought the rationale for lowering the age of criminal responsibility to 12, the purpose of the planned "Hope Island" rehabilitation facility, measures to prevent statelessness, steps to prevent child marriage, and efforts to protect children from recruitment by gangs and violent extremist groups.

The Maldives delegation was led by Attorney General Ahmed Usham, who told the committee that "children are the promise of the future" and that ensuring every child "grows in dignity, safety, and with a voice that is heard remains a national priority."

During the two-day examination on January 12 and 13, the government's account clashed with HRCM's documentation and NGO observations on several issues. The following covers key areas of disagreement.

"Establishment of mechanisms to rehabilitate at risk youth without the requirement of having to take criminal responsibility should be the way forward, rather than lowering the age of criminal responsibility to 12 years. In addition, addressing the root cause of child recruitment in criminal activities and penalising the recruiters should be prioritised."

"The CRPA [Child Rights Protection Act] and the JJA [Juvenile Justice Act] raise the age of criminal responsibility to 15 years. However, it is of concern that in April 2024, government announced its intention to lower the age of criminal responsibility to 12 years. HRCM considers lowering the age of criminal responsibility as an issue of concern as punitive measures in juvenile justice has unfavourable consequences to juveniles."

"Relevant agencies encounter significant delays in obtaining essential psychological reports, gender assessments, and risk evaluations, primarily due to a shortage of qualified professionals; particularly in cases involving multiple juveniles. These delays intensify for juveniles residing outside the capital region, where no certified professionals are stationed in the atolls to conduct such assessments. Consequently, prosecutions cannot proceed until all required reports and documents are received, resulting in prolonged delays throughout the judicial process."

"Legal proceedings involve technical language and concepts that can be confusing for children. In circumstances where law enforcement officials fail to comprehend the information they require from the child and the purpose it will serve in terms of the administration of justice; the child is not properly informed of the consequences of the information being disclosed, which makes it difficult to later admit that information as evidence. Additionally, not all defence attorneys working with children have received specialised training, making it challenging for them to become familiar with juvenile justice systems (JJS) and ensure proper participation of juveniles in the justice system."

"Although CICL [Children in Conflict with the Law] held in the Juvenile Detention Center at Asseyri Prison are formally separated from the general prison population, they are still able to communicate with adult inmates because of the close proximity of their cells and their interaction in shared areas. The Juvenile Justice Act provides no explicit guidance on the detention of juveniles who are on remand during trial proceedings; as a result, juveniles awaiting trial are held together with those who have already been convicted."

According to the government's written replies, only nine cases have been referred for diversion since the Juvenile Justice Act came into force, including five by police and four by prosecutors. Of these, just two have been completed.

HRCM also noted the absence of dedicated drug rehabilitation centres for children, raising questions about where minors would receive treatment if brought into the justice system at a younger age.

Children under 15 have also been brought into the criminal justice system through a separate pathway. Despite HRCM recommendations to exempt minors under 15 from court appearances, children repatriated from conflict zones in that age group have been presented at the Criminal Court during initial hearings under the Anti-Terrorism Act.

Homeland Security Minister Ihusan:

"To the question of defining children at risk, what we refer to as children at risk of being in crime are those individuals under the age of 18 who are considered likely to engage in criminal activities or become victims of exploitation or face other negative outcomes due to a combination of specific personal, family and social or community factors. These children are often engaged by law enforcement agencies in criminal environments or crime scenes, but the law enforcement lacks enough evidence to take legal action as a suspect of committing a crime. We intend to clearly define this in the next amendment to the Child Rights Protection Act and Juvenile Justice Act.

"Although the minimum age of criminal responsibility is currently 15 years, our system goes above and beyond to prevent any punitive measures for children below the age of 18. From investigation to prosecution to sentencing, a positive effort is made to ensure alternative approaches, such as preventive actions, use of psychosocial intervention, programs and rehabilitative approaches are prioritised over any form of punishment, especially incarceration."

"We are limited by the minimum age of criminal responsibility to attend to those children between the age of 12 to 15 years who are at risk of being in crime or already engaged in crime. Hence, the government has decided to bring the minimum age of criminal responsibility to 12 with strict restrictions in the law that at no instance can a punitive measure be taken against a child within the age of 12 to 15 years."

"We believe one of the key purposes of establishing a minimum age for criminal responsibility is to ensure we avoid punishment as a mean for justice in the case of children, rather use the restorative approach to justice when a child is involved." 

"Once we are able to address the root causes and prevent children in such numbers being exposed to and engaged in crime, we will revisit and raise the age, as suggested by evidence. This might even be above 15, given the measures such as continued education through A-level and solving major issues such as housing and drugs, which are the current government's top priorities in the social domain." 

"The fact that we are trying to address in the Maldives is not just the issue of children being at risk in crime who are not at the age of 15 years, but also children between the age of 12 to 14 years who are already engaged in violent crimes as well."

"As for prisons for children, at the moment, the prison facility we have is in the general area of the same island, but it has physically a main boundary, which is entirely separate, separate security personnel who are assigned and the physical space itself limits the entire engagement in any form, whether it's hearing or seeing the adult prison complex, or anything that goes on in there. And at this moment we are happy to say that there is no child in the prison system. And although 15 to 18 years of age, children have been dealt with by the criminal justice system in the past four five years, the fact that no child is in prison shows that we have using alternative forms of addressing the issues, and we will continue to do so with regard to the gang activities and children being exploited by gangs."

"The new act on prohibition of gang crime and other violent crimes has been enacted in 2025 and it establishes severe penalties for child exploitation, such as up to 25 years in prison, in addition to fines of up to MVR 10 million (US$ 648,500) for child exploitation by gangs. [...] A gang crime intervention unit in the Maldives Police Service that has been established and working round the clock to ensure gang operations are being intervened. These units actively looks for children who might be potentially exposed, and are working every day to prevent exposure to gangs by children. And with the new law, we are legally establishing what constitutes a gang, and then ensuring that people who are engaged in funding gangs, operating gangs and being members of gangs are dealt severely by the law, and it carries severe punishments with the new law."

The government also endorsed a separate initiative to address children recruited by gangs: relocating them to a dedicated island for rehabilitation.

The "Hope Island" concept would place children deemed vulnerable to gang exploitation in what the government describes as a "controlled environment" offering academic, sports and skills-based programmes.

In its written replies to the committee, the government said children "as young as 11 years of age" have been recruited into gangs and "used to commit serious and violent crimes abusing the legal protections afforded to children." The Children's Ombudsperson agrees with this assessment, according to the government.

"Due to wider social issues, the government faces an uphill battle in pulling these children away from the grasp of the criminal groups, while they remain in the broader society," the replies stated.

The government said children taken to the Hope Island facility would have access to their families and the outside world, and that safeguards would be put in place to prevent stigmatisation.

According to the Advocates for Human Rights, Maldivian Democracy Network and The World Coalition Against the Death Penalty, "despite prohibitions in the Children's Rights Protection Act and the Juvenile Justice Act, courts in the Maldives continue to sentence people to death for crimes they committed when under the age of 18."

"Maldivian courts sentence people to death for the crime of intentional murder. The default penalty is life imprisonment, but if the heirs of the murder victim elect retribution under qisas in Islamic Shari'ah, the person is also sentenced to death. Currently 23 people are under sentence of death. It is unclear whether any of them were sentenced to death for crimes they committed when under the age of 18."

"The Committee requested disaggregated statistical data about, inter alia, children who have been '[s]erving a sentence in detention, indicating the length of the sentence.' The Maldives’ reply lists just two children serving sentences in detention – a 17-year-old sentenced to over 17 years in prison for murder and a 15-year-old sentenced to over 4 years in prison for participating in a fight with a sharp object. The report lists three additional children in pre-trial detention who are charged with murder. The Maldives’ reply does not disclose how many people over the age of 18 are serving sentences in detention for crimes they committed when under the age of 18."

The NGO cited the legal prohibition on the disclosure of the identity of a child alleged to have committed a crime, which prevents civil society organisations and the media from learning "whether authorities are violating prohibitions against sentencing people to death for crimes they committed when under the age of 18."

The submission noted a Supreme Court case concluded in July 2024 involving a person sentenced to death for a murder committed as a child. When the case reached the Supreme Court, prosecutors argued the CRPA and JJA precluded execution "under any circumstance." But the court did not apply those provisions, instead ordering a retrial on other grounds. "Legal observers suspect that the Supreme Court has interpreted the laws to prohibit execution, rather than sentencing to death, of juvenile offenders," the submission stated.

The NGOs also flagged a 2014 regulation that allows authorities to defer executions for juvenile offenders until they turn 18. They argued the regulation has no enabling legislation and is therefore unconstitutional, and called on the government to commute the death sentences of all persons who were minors at the time of their offence.

Minister Ihusan:

"I would like to highlight that as of today, there is no child in the prison system, and there are only five adults who are in jail for committing crimes as children, and all of them are in  for cases related to severe criminal offences such as murder."

The government did not directly address whether any of the 23 people currently under death sentence were minors at the time of their offence.

Human Rights Commission:

"Right Side of Life Survey conducted by HRCM in 2024 to assess public awareness of human rights revealed various reasons cited for physically punishing children. This highlights a disconnect between legal prohibitions on corporal punishment and prevailing cultural and societal attitudes, underscoring the need to align caregiving practices with non-violent, rights-based approaches to parenting."

Faena Fayyaz, Senior State Counsel at the Attorney General's Office:

"The 2013 Anti-Torture Act is very clear. Freedom from torture is an absolute right, and the offence of torture is a distinct criminal offence. It is applicable to acts, of deeds, of private individuals as well [acts] carried out in order to inflict pain or suffering, whether physical or mental. Therefore, torture is prohibited in private settings, such as within family homes. Any reports of torture can be lodged at the Human Rights Commission of the Maldives, which is the investigative authority responsible for the investigation of torture cases. Following investigation, the Human Rights Commission of the Maldives may send the case to the prosecutor general's office for prosecution."

"Section 30 of the Child Rights Protection Act explicitly states that no child shall be punished or harmed in a ruthless, inhuman or humiliating manner at the home of the child or at the educational institution of the child, or at the institution the child is housed at or any other environment the child resides in. Corporal punishment in penal institutions is also not lawful. If any individual violates these provisions, appropriate criminal responses will be imposed through the Penal Code of the Maldives."

"Courts face additional challenges in ensuring that children can meaningfully participate in judicial proceedings. The inherently intimidating nature of court environments and lack of child-friendly court rooms may inhibit a child's ability to articulate their views and preferences fully. Furthermore, children often struggle to comprehend explanations or decisions provided by the court, which may be conveyed in language or through procedures that are not developmentally appropriate."

Senior State Counsel Faena Fayyaz:

"The Juvenile Justice Act guarantees a child's right to be heard at all stages of proceedings with their views given due weight according to age and maturity. In practice, children are informed in a child friendly manner about investigative as well as prosecutorial processes, given opportunities to express their views at each stage and are supported by legal representation. Throughout court proceedings, children are supported by legal representation. Their views are taken into account, in line with again their age as well as maturity and decisions consistently prioritise the child's best interest."

Human Rights Commission:

"The CRPA requires the establishment of a mechanism to provide family-based care for children who, for various reasons, cannot remain with their biological families. However, between 2020 and 2024, the number of children placed in foster care remained consistently low, with most applications focused on infants, reflecting challenges in recruiting and supporting foster families. Interest in fostering older children has only recently increased, and no applications have been received for children with disabilities, reflecting a lack of inclusive and non-discriminatory foster care options."

"Despite the legal emphasis on family-based care and reunification, a substantial number of children remain under state care for extended periods, with many spending over five years and in some cases more than a decade in State care without ever being reunited with their families or placed in a stable family environment. While reunification data reflects some progress, the concentration of long-term cases in Fiyavathi and regional Amaanveshi facilities highlights the state's continued reliance on institutional care. The majority of these long-term cases are concentrated in Fiyavathi and regional Amaanveshi facilities, underscoring the persistent dependence on institutional care despite the legal framework's emphasis on family-based alternatives."

"Caregivers in informal setups lack enforceable rights, and children risk abrupt disruptions if biological parents reclaim custody without due process. Moreover, informal and private fostering arrangements operate without oversight, leaving children vulnerable to neglect, abuse, or exploitation. These children remain outside official records, limiting access to social services. Additionally, many caregivers are unaware of the formal foster care scheme or their eligibility for financial support."

"Eligible foster families receive MVR 1,000 (US$ 65) per child under 18 and an additional MVR 500 for the guardian or foster parent. However, most foster families remain ineligible due to poverty-based targeting, as assessments factor household financial capacity. Consecutively, few cases demonstrate that the allowance effectively prevents institutional care, and the benefit is not regarded as an incentive for kinship fostering."

The government's written replies indicate the allowance has since been increased. Temporary foster carers are now eligible for MVR 5,000 per month.

Fazza Fuad, Lead Child Protection, Ministry of Social and Family Development:

"We have made efforts towards increasing  public awareness of foster care. The movie Aailaa, which translates to family was developed for the Ramadan office drama competition in 2025. The film promotes family based care by showcasing the fostering process, challenging stereotypes and highlighting the resilience and potential of children in foster care [...]. We have had an increase in the number of foster applications and people reaching out to inquire about the process following the dissemination of this movie."

"Awareness sessions have been conducted in Baa atoll, Faafu atoll, Thaa atoll and Alif Alif atoll over the past two years." 

"Long-term foster care includes the provision of legal guardianship to the foster parent This means that the legal guardianship is provided to the foster parent until the child turns 18 years of age, and all the parental rights and responsibilities outlined in the child rights protection act transfer to the foster parent, and we have comprehensive monitoring mechanisms in place to address the needs of the child and the foster parents after the child is fostered. And we also continue to work closely with the families to guide and support the families through the transition."

"We have a dedicated department within the Ministry to monitor and supervise our residential care centres. The state Care Services Department consists of technical and administrative supervisors, with the technical supervisors focusing on the adequacy of the care provided to the children while they're in the alternative care setting [...]. We also have an internal compliance mechanism with compliance officers who monitor our residential care facilities and ensure that the minimum standards set for these facilities are compliant with the minimum standards set."

Human Rights Commission:

"The disability registry process is lengthy and complex, often requiring repeated applications and updated medical documents. Some families choose not to register due to low financial allowances, reluctance to label their children, or not recognising conditions as disabilities. Island councils encourage and support families in registering children with disabilities in their communities, as well as assisting them with applications for disability allowances and other social protection benefits through the National Social Protection Agency (NSPA)."

"Telemedicine services remain non-functional despite the availability of equipment in some hospitals, due to inadequate digital infrastructure, limited technical personnel, and insufficient training for healthcare providers."

"Special education in outer islands is more limited than in Malé, with classrooms lacking equipment, trained teachers, and funding. These gaps contribute to dropouts and poor academic outcomes, often worsened by limited parental support. Some parents refuse hearing aids or sign language instruction, severely restricting communication and learning."

"Section 19 of the Construction Administrative Regulation (R-1004/2019) now require accessible features in public buildings, roads, and parks, with detailed guidelines under development. Despite these efforts, most infrastructure remains inaccessible, with some ramps either unusable or merely symbolic."

"MTCC ferries (state-owned transportation company) are not fully accessible to wheelchair users, with boarding and disembarking posing significant challenges due to poorly designed or improperly located ramps."

"The [Ministry of Social and Family Protection] established Ijthimaee Badhahi Madhadhuverin (IBAMA), a community-based, multi-sectoral mechanism aimed at preventing and responding to violence against children and vulnerable groups, promoting human rights, and ensuring a safe society in accordance with the Constitution and international conventions. However, this mechanism has not been implemented across all islands."

"There is a notable lack of sign language training for authority figures. The Ministry of Health reported that no officials have received training specifically focused on communicating with persons with disabilities, and no measures have been taken to make professional interpreters accessible in hospitals or health centres, nor has healthcare staff received sign language training."

"Early identification and diagnosis of children with disabilities were hindered by the absence of multidisciplinary therapeutic services in outer islands."

"Shortage of para-teachers and specialised support for both SCLP (Students with complex learning profiles) and mainstream teachers hinders quality education for children with complex profiles in mainstream classes."

According to the government's written replies, 14,790 people are now registered on the National Registry of Persons with Disabilities, including 4,959 children (1,490 girls and 3,469 boys).

Ministry of Social and Family Development:

"Early identification and intervention are strengthened through coordinated mechanisms across health, education, social sectors, including community based approaches as such as Haalu Kihineiy and IBAMA. A nationwide development milestone tracking system operates across islands, enabling early detection of development delays and less visible disabilities and facilitating timely referrals. Through Haalu Kihineiy household level assessments and IBAMA community based case identification and follow up risks to children are identified early, allowing for timely preventive action and linkages to appropriate protection health education and social services."

"The community based rehabilitation program launched in 2021 supports the expansion of disability related services at community level  to strengthen a national capacity. 38 professionals from the health, health and education, social services sectors completed master level training in 2023 as of July 2025. Over 582 individuals have been trained to implement CBR services across the Maldives, enhancing access to community based support for persons and children with disabilities."

"IBAMA has been rolled out nationwide across all atolls and 177 inhabited islands of Maldives. As of December 2025, a total of 1,214 IBAMA members have now been trained, enabling consistent community level coverage across the country. Through this national nationwide prism, IBAMA serves as a key early identification. So therefore we would like to share that in the islands IBAMA is established, any vulnerable children, including children with disabilities, will be identified."

HRCM's shadow report documented cases where children slipped through gaps in the system.

One child spent years in state care as stateless, unable to obtain identity documents due to complications in registering their parents' marriage. The commission said the case highlighted "the serious mental health impacts of statelessness" before the child was finally registered and reintegrated in 2022.

"Parents are required to register a child’s birth immediately after delivery; if they neglect this duty, the State can register the child’s birth directly or through another party. All births occurring in the country must be reported within seven days, with non-compliance by parents or other designated individuals subject to penalties of up to MVR 10,000," HRCM explained. "However, no fines have been issued to date, indicating that while the regulation prescribes sanctions, it has not been enforced in practice. While birth registration rates in the Maldives remain high, less than one percent of children under five remain unregistered.”

In a separate case from 2025, a child remains without an ID card after their parents' foreign marriage was not recognised by Maldivian courts. Although the High Court ordered the Family Court to register the marriage on the grounds it complied with Sharia principles, "complications under domestic law have continued to delay the process," HRCM said.

Data showed a pattern of high reporting but near-zero prosecution. In 2024, 31 cases of threatening and 26 cases of blackmail involving children were reported and investigated, but referrals for prosecution were "virtually non-existent."