by Maria Casadei

During the UN periodic review, the Maldivian government defended its proposal to lower the age of criminal responsibility to 12, arguing that it is necessary to combat the recruitment of minors by gangs. UN experts and the country's human rights commission, however, expressed serious concerns about the risk of criminalising children and the child protection system’s shortcomings.

Malé (AsiaNews) – The Maldivian government's proposal to lower the age of criminal responsibility to 12 has sparked a discussion during the latest review by the UN Committee on the Rights of the Child (CRC), which asked the government for clarification on its rationale for the reform and expressed serious concerns about its potential impact on children's rights.

The review is part of the Committee's periodic review of the implementation of the Convention on the Rights of the Child by member states.

In the case of the Maldives, talks with the Maldivian delegation focused specifically on juvenile justice, the protection of children from exploitation, and the balance between public safety and fundamental rights.

According to the Maldivian Minister of Homeland Security and Technology Ali Ihusaan, more than 150 children aged 12 to 15 have been involved in criminal activity over the past year.

The existing legal framework, which sets the age of criminal responsibility at 15, offers such broad protection that it severely limits state intervention in terms of prevention and rehabilitation. This makes minors particularly vulnerable to recruitment by gangs, who exploit them precisely because they are not criminally liable.

The Human Rights Commission of the Maldives (HRCM) disagrees, warning that lowering the age of criminal responsibility could expose children to new forms of abuse and criminalisation.

CRC experts have also raised doubts about the effectiveness of such a step, asking whether alternatives exist based on social, educational, and family support policies.

The government, through Minister Ihusaan, has defended the reform, explaining that the goal was not to punish indiscriminately, but to intervene against minors aged 12 to 14 who have already committed violent crimes.

In this context, the government also cited the new law against gang crime, which came into force in 2025; it imposes severe penalties on those who exploit minors: up to 25 years in prison and fines of up to 10 million rufiyaa (approximately US$ 650,000).

During the talks, CRC officials highlighted other critical structural issues in the Maldives’s child protection system, including the death penalty.

Under the country’s legal system based on Islamic law, a victim's family can choose it, and this raises questions, especially in cases involving crimes committed by minors.

Experts also drew attention to corporal punishment. Although many forms are prohibited by law, punitive practices incompatible with international standards persist.

Further concerns include the difficulties minors face in effectively participating in judicial proceedings, often hampered by inaccessible technical language and a lack of adequate legal support.

The issue of separation from parents was also addressed. While the law favours foster care, many children continue to spend long periods in residential facilities.

Finally, for minors with disabilities, the HRCM reported serious deficiencies in services, especially on the archipelago's peripheral islands.

Alongside the proposed reform, the government presented the committee with a targeted policy, i.e. the transfer of minors deemed at risk to a rehabilitation facility on a dedicated island, called "Hope Island."

The government intends to protect children from the influence of gangs by offering a safe environment with school, sports, and vocational training programmes, while maintaining contact with their families and the community.

Following the review, the CRC, composed of 18 independent experts, will develop a series of formal recommendations in the coming weeks, based on documents submitted by the government and reports from civil society groups.

Attorney General Uz Ahmed Usham, head of the Maldivian delegation, said that the dignity and safety of children remain a national priority, reiterating his government's commitment to protecting children's rights.

(Photo: UNICEF Maldives)

• maldives
• united nations
• children
• rights
• reform
• age
• responsibility