| MALDIVES Republic of India Dhivehi Raajjeyge Jumhooriyyaa Joined United Nations: 21 September 1965 Human Rights as assured by their constitution Updated 29 December 2012 |
CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS
Guarantee of Rights
16. (a) This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms
contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is
not contrary to this Constitution. Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if
demonstrably justified in a free and democratic society.
(b) The limitation of a right or freedom specified in this Chapter by a law enacted by the People’s Majlis as provided for in this
Constitution, and in order to protect and maintain the tenets of Islam, shall not be contrary to article (a).
(c) In deciding whether a right or freedom in this Chapter, has been limited in accordance with article (a) and (b), a court must be fully
cognisant of and make reference to all the facts, including:
1. the nature and character of the right or freedom;
2. the purpose and importance of limiting the right or freedom;
3. the extent and manner of limiting the right or freedom;
4. the relationship between the limitation of the right or freedom and the importance of the right or freedom;
5. the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or
freedom to a lesser degree;
6. the extent to which the right or freedom must be limited in order to protect the tenets of Islam, where the right or freedom has been
limited pursuant to article (b).
(d) The onus of establishing that the limitation to any extent, of a right or freedom included in this Chapter is within the reasonable
limitations prescribed in this Constitution is on the State or the person asserting the limitation of the right or freedom.
Non-discrimination
17. (a) Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national
origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.
(b) Special assistance or protection to disadvantaged individuals or groups, or to groups requiring special social assistance, as provided in
law shall not be deemed to be discrimination, as provided for in article (a).
Duty of the State
18. It is the duty of the State to follow the provisions of this Constitution, and to protect and promote the rights and freedoms provided in
this Chapter.
Freedom from restraint
19. A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or
restraint may be exercised against any person unless it is expressly authorised by law.
Equality
20. Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.
Right to life
21. Everyone has the right to life, liberty and security of the person, and the right not be deprived thereof to any extent except pursuant to
a law made in accordance with Article 16 of this Constitution.
Protection of the environment
22. The State has a fundamental duty to protect and preserve the natural environment, biodiversity, resources and beauty of the country
for the benefit of present and future generations. The State shall undertake and promote desirable economic and social goals through
ecologically balanced sustainable development and shall take measures necessary to foster conservation, prevent pollution, the extinction of
any species and ecological degradation from any such goals.
Economic and social rights
23. Every citizen the following rights pursuant to this Constitution, and the State undertakes to achieve the progressive realisation of these
rights by reasonable measures within its ability and resources:
(a) adequate and nutritious food and clean water;
(b) clothing and housing;
(c) good standards of health care, physical and mental;
(d) a healthy and ecologically balanced environment;
(e) equal access to means of communication, the State media, transportation facilities, and the natural resources of the country;
(f) the establishment of a sewage system of a reasonably adequate standard on every inhabited island;
(g) the establishment of an electricity system of a reasonably adequate standard on every inhabited island that is commensurate to that
island.
Privacy
24. Everyone has the right to respect for his private and family life, his home and his private communications. Every person must respect
these rights with respect to others.
No slavery or forced labour
25. (a) No one shall be held in slavery or servitude, or be required to perform forced labour.
(b) Compulsory military service, service required in cases of emergency or calamity threatening the life or well-being of the community,
or service required pursuant to a court order shall not be deemed to be contrary to article (a).
Right to vote and run for public office
26. Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right:
(a) to vote in elections, and in public referendums, which shall be held by secret ballot;
(b) to run for public office;
(c) to take part in the conduct of public affairs, directly or through freely chosen representatives.
Freedom of expression
27. Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not
contrary to any tenet of Islam.
Freedom of the media
28. Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and
publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused,
disseminated or published by that person.
Freedom of acquiring and imparting
29. Everyone has the freedom to acquire and impart knowledge, information and learning.
Freedom to form political parties, associations and societies
30. (a) Every citizen has the right to establish and to participate in the activities of political parties.
(b) Everyone has the freedom to form associations and societies, including the following:
1. the right to establish and participate in any association or society for economic, social, educational or cultural or purposes;
2. the right to form trade unions, to participate or not participate in their activities.
Right to strike
31. Every person employed in the Maldives and all other workers have the freedom to stop work and to strike in order to protest.
Freedom of assembly
32. Everyone has the right to freedom of peaceful assembly without prior permission of the State.
Right to protect reputation and name
33. Everyone has the right to protect one’s reputation and good name.
Right to marry and establishment of the family
34. (a) Every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. The
family, being the natural and fundamental unit of society, is entitled to special protection by society and the State.
(b) Children must be afforded special protection as specified in law in the event of a marital breakdown of the parents.
Special protection to children, young, elderly and disadvantaged people
35. (a) Children and young people are entitled to special protection and special assistance from the family, the community and the State.
Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited
social and economic exploitation. No person shall obtain undue benefit from their labour.
(b) Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the State.
Right to education
36. (a) Everyone has the right to education without discrimination of any kind.
(b) Primary and secondary education shall be freely provided by the State. It is imperative on parents and the State to provide children
with primary and secondary education. Opportunity for higher education shall be generally accessible to all citizens.
(c) Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote
understanding, tolerance and friendship among all people.
Right to work
37. (a) Every citizen has the right to engage in any employment or occupation.
(b) Everyone is entitled to just and safe conditions of work, fair wages, equal remuneration for work of equal value, and equal opportunity
for promotion.
(c) Everyone has the right to rest and leisure, including limits on hours of work and periodic holidays with pay.
(d) Everyone has the right to spend time at rest and leisure. In order to provide this right to each employed person, the maximum number
of working hours have to be determined as well as the length of paid holidays.
Right of pension
38. Every one engaged in employment with the State shall have the right of pension as provided by law.
Right to participate in cultural life
39. (a) Everyone has the right to participate in the cultural life of the nation, and to benefit from literary and artistic endeavours.
(b) The State shall promote education, culture, literature and the arts, within the limits of its resources.
Right to acquire and hold property
40. (a) Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property.
(b) Private property shall be inviolable, and may only be compulsorily acquired by the State for the public good, as expressly prescribed
by law, and as authorised by order of the court. Fair and adequate compensation shall be paid in all cases, as determined by the court.
(c) Nothing in this Article prevents any law authorising a court to order the forfeiture (without the giving of any compensation) of
illegally acquired or possessed property, or enemy property.
(d) Property of a person shall not be forfeited in substitution for any offence.
Freedom of movement and establishment
41. (a) Every citizen has the freedom to enter, remain in and leave the Maldives, and to travel within the Maldives.
(b) Every citizen has the right to move to, and take up residence on, any inhabited island of the Maldives.
(c) Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency.
Fair and transparent hearings
42. (a) In the determination of one’s civil rights and obligations or of any criminal charge, everyone is entitled to a fair and public hearing
within a reasonable time by an independent court or tribunal established by law.
(b) All judicial proceedings in the Maldives shall be conducted with justice, transparency and impartiality.
(c) Trials of any matter shall be held publicly, but the presiding judge may exclude the public from all or part of a trial in accordance with
democratic norms:
1. in the interests of public morals, public order or national security;
2. where the interest of juveniles or the victims of a crime so require; or
3. in other special circumstances where publicity would prejudice the interests of justice.
(d) All judgements or orders of a Court shall be pronounced publicly, unless the Court specifically orders otherwise for the reasons
stipulated in article (c). All publicly pronounced judgements or orders shall be available to the public.
Fair administrative action
43. (a) Everyone has the right to administrative action that is lawful, procedurally fair, and expeditious.
(b) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
(c) Where the rights of a person, a group or community has been adversely affected by administrative action, every such person, group
or every person who may be directly affected by such action has the right to submit the matter to court.
Personal liability
44. The application of the criminal law or criminal procedure, including the conduct of investigations, criminal proceedings and
enforcement of sentences as provided by law, shall extend to the accused person only and shall not affect the legal rights or obligations
of any other person.
No unlawful arrest or detention
45. Everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the People’s Majlis
in accordance with Article 16 of this Constitution.
Power of arrest and detention
46. No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has
reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under
the authority of an arrest warrant issued by the court.
Search and seizure
47. (a) No person shall be subject to search or seizure unless there is reasonable cause.
(b) Residential property shall be inviolable, and shall not be entered without the consent of the resident, except to prevent immediate and
serious harm to life or property, or under the express authorisation of an order of the Court.
Rights on arrest or detention
48. Everyone has the right on arrest or detention:
(a) to be informed immediately of the reasons therefore, and in writing within at least twenty four hours;
(b) to retain and instruct legal counsel without delay and to be informed of this right, and to have access to legal counsel facilitated until
the conclusion of the matter for which he is under arrest or detention;
(c) to remain silent, except to establish identity, and to be informed of this right;
(d) to be brought within twenty four hours before a Judge, who has power to determine the validity of the detention, to release the person
with or without conditions, or to order the continued detention of the accused.
Release of accused
49. No person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the
protection of the public, or potential interference with witnesses or evidence dictate otherwise. The release may be subject to conditions
of bail or other assurances to appear as required by the court.
Prompt investigation and prosecution
50. After notice of an alleged offence has been brought to the attention of the investigating authorities, the matter shall be investigated
promptly, and where warranted, the Prosecutor General shall lay charges as quickly as possible.
Rights of the accused
51. Everyone charged with an offence has the right:
(a) to be informed without delay of the specific offence in a language understood by the accused;
(b) to be tried within a reasonable time;
(c) not to be compelled to testify;
(d) to an interpreter to be provided by the State where he does not speak the language in which the proceedings are conducted, or is deaf
or mute;
(e) to have adequate time and facilities for the preparation of his defence and to communicate with and instruct legal counsel of his own
choosing;
(f) to be tried in person, and to defend himself through legal counsel of his own choosing;
(g) to examine the witnesses against him and to obtain the attendance and examination of witnesses;
(h) to be presumed innocent until proven guilty beyond a reasonable doubt.
Confessions and illegal evidence
52. No confession shall be admissible in evidence unless made in court by an accused who is in a sound state of mind. No statement or
evidence must be obtained from any source by compulsion or by unlawful means and such statement or evidence is inadmissible in
evidence.
Assistance of legal counsel
53. (a) Everyone has the right to retain and instruct legal counsel at any instance where legal assistance is required.
(b) In serious criminal cases, the State shall provide a lawyer for an accused person who cannot afford to engage one.
No degrading treatment or torture
54. No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.
No imprisonment for non-fulfilment of contractual obligation
55. No person shall be imprisoned on the ground of nonfulfilment of a contractual obligation.
Right to appeal
56. Everyone related to a matter has the right to appeal a conviction and sentence, or judgement or order in a criminal or civil matter.
Humane treatment of arrested or detained persons
57. Everyone deprived of liberty through arrest or detention as provided by law, pursuant to an order of the court, or being held in State
care for social reasons, shall be treated with humanity and with respect for the inherent dignity of the human person. A person may be
deprived of the rights or freedoms specified in this Chapter only to the extent required for the purpose for which he is deprived of his
liberty.
Compensation
58. Everyone who has been arrested or detained without legal authority or justification has the right to be compensated.
Retrospective legislation
59. (a) No person shall be found guilty of any act or omission which did not constitute an offence under Islamic Shari’ah or law at the
time committed. Nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. If the
punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the
benefit of the lesser punishment.
(b) This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law.
Prohibition of double jeopardy
60. (a) If an accused is acquitted of an offence by a court, he shall not be tried again for the same or substantially the same offence. If an
accused is found guilty and punished for an offence he shall not be tried or punished again for the same or substantially the same offence.
(b) The principle stated in article (a) does not apply to appeals relating to the offence.
Publication of acts and regulations
61. (a) All statutes, regulations, government orders requiring compliance by citizens and government policies shall be published and made
available to the public.
(b) No person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a
statute, which has been made available to the public and which defines the criminal offence and the punishment for commission of the
offence.
(c) All information concerning government decisions and actions shall be made public, except information that is declared to be State
secrets by a law enacted by the People’s Majlis.
(d) Every citizen has the right to obtain all information possessed by the Government about that person.
Retention of other rights
62. (a) The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons.
(b) The enumeration of rights and freedoms individually in this Chapter shall not be construed to deny or negate other rights retained by
the people which are not specified in this Chapter.
Voidance of laws inconsistent with fundamental rights
63. Any law or part of any law contrary to the fundamental rights or freedoms guaranteed by this Chapter shall be void or void to the
extent of such inconsistency.
Non-compliance with unlawful orders
64. No employee of the State shall impose any orders on a person except under authority of a law. Everyone has the right not to obey an
unlawful order.
Application to court to obtain a remedy
65. Anyone whose rights or freedoms, as guaranteed by this Chapter, have been infringed or denied may apply to a court to obtain a just
remedy.
Voidance of laws inconsistent with rights and freedoms
66. All existing statutes, regulations, decrees and notices inconsistent with the fundamental rights and freedoms provisions in this Chapter
shall, to the extent of the inconsistency, become void on the commencement of this Constitution.
Responsibilities and duties
67. The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties,
and it is the responsibility of every citizen:
(a) to respect and protect the rights and freedoms of others;
(b) to foster tolerance, mutual respect, and friendship among all people and groups;
(c) to contribute to the well-being and advancement of the community;
(d) to promote the sovereignty, unity, security, integrity and dignity of the Maldives;
(e) to respect the Constitution and the rule of law;
(f) to promote democratic values and practices in a manner that is not inconsistent with any tenet of Islam;
(g) to preserve and protect the State religion of Islam, culture, language and heritage of the country;
(h) to preserve and protect the natural environment, biodiversity, resources and beauty of the country and to abstain from all forms of
pollution and ecological degradation;
(i) to respect the national flag, state emblem and the national anthem.
Every person in the Maldives must also respect these duties.
Interpretation
68. When interpreting and applying the rights and freedoms contained within this Chapter, a court or tribunal shall promote the values
that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to
which the Maldives is a party.
Non-destructive interpretation of Constitution
69. No provision of the Constitution shall be interpreted or translated in a manner that would grant to the State or any group or person the
right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms set out in this Constitution.
FUNDAMENTAL RIGHTS AND FREEDOMS
Guarantee of Rights
16. (a) This Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam, the rights and freedoms
contained within this Chapter, subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is
not contrary to this Constitution. Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if
demonstrably justified in a free and democratic society.
(b) The limitation of a right or freedom specified in this Chapter by a law enacted by the People’s Majlis as provided for in this
Constitution, and in order to protect and maintain the tenets of Islam, shall not be contrary to article (a).
(c) In deciding whether a right or freedom in this Chapter, has been limited in accordance with article (a) and (b), a court must be fully
cognisant of and make reference to all the facts, including:
1. the nature and character of the right or freedom;
2. the purpose and importance of limiting the right or freedom;
3. the extent and manner of limiting the right or freedom;
4. the relationship between the limitation of the right or freedom and the importance of the right or freedom;
5. the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or
freedom to a lesser degree;
6. the extent to which the right or freedom must be limited in order to protect the tenets of Islam, where the right or freedom has been
limited pursuant to article (b).
(d) The onus of establishing that the limitation to any extent, of a right or freedom included in this Chapter is within the reasonable
limitations prescribed in this Constitution is on the State or the person asserting the limitation of the right or freedom.
Non-discrimination
17. (a) Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind, including race, national
origin, colour, sex, age, mental or physical disability, political or other opinion, property, birth or other status, or native island.
(b) Special assistance or protection to disadvantaged individuals or groups, or to groups requiring special social assistance, as provided in
law shall not be deemed to be discrimination, as provided for in article (a).
Duty of the State
18. It is the duty of the State to follow the provisions of this Constitution, and to protect and promote the rights and freedoms provided in
this Chapter.
Freedom from restraint
19. A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. No control or
restraint may be exercised against any person unless it is expressly authorised by law.
Equality
20. Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.
Right to life
21. Everyone has the right to life, liberty and security of the person, and the right not be deprived thereof to any extent except pursuant to
a law made in accordance with Article 16 of this Constitution.
Protection of the environment
22. The State has a fundamental duty to protect and preserve the natural environment, biodiversity, resources and beauty of the country
for the benefit of present and future generations. The State shall undertake and promote desirable economic and social goals through
ecologically balanced sustainable development and shall take measures necessary to foster conservation, prevent pollution, the extinction of
any species and ecological degradation from any such goals.
Economic and social rights
23. Every citizen the following rights pursuant to this Constitution, and the State undertakes to achieve the progressive realisation of these
rights by reasonable measures within its ability and resources:
(a) adequate and nutritious food and clean water;
(b) clothing and housing;
(c) good standards of health care, physical and mental;
(d) a healthy and ecologically balanced environment;
(e) equal access to means of communication, the State media, transportation facilities, and the natural resources of the country;
(f) the establishment of a sewage system of a reasonably adequate standard on every inhabited island;
(g) the establishment of an electricity system of a reasonably adequate standard on every inhabited island that is commensurate to that
island.
Privacy
24. Everyone has the right to respect for his private and family life, his home and his private communications. Every person must respect
these rights with respect to others.
No slavery or forced labour
25. (a) No one shall be held in slavery or servitude, or be required to perform forced labour.
(b) Compulsory military service, service required in cases of emergency or calamity threatening the life or well-being of the community,
or service required pursuant to a court order shall not be deemed to be contrary to article (a).
Right to vote and run for public office
26. Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right:
(a) to vote in elections, and in public referendums, which shall be held by secret ballot;
(b) to run for public office;
(c) to take part in the conduct of public affairs, directly or through freely chosen representatives.
Freedom of expression
27. Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not
contrary to any tenet of Islam.
Freedom of the media
28. Everyone has the right to freedom of the press, and other means of communication, including the right to espouse, disseminate and
publish news, information, views and ideas. No person shall be compelled to disclose the source of any information that is espoused,
disseminated or published by that person.
Freedom of acquiring and imparting
29. Everyone has the freedom to acquire and impart knowledge, information and learning.
Freedom to form political parties, associations and societies
30. (a) Every citizen has the right to establish and to participate in the activities of political parties.
(b) Everyone has the freedom to form associations and societies, including the following:
1. the right to establish and participate in any association or society for economic, social, educational or cultural or purposes;
2. the right to form trade unions, to participate or not participate in their activities.
Right to strike
31. Every person employed in the Maldives and all other workers have the freedom to stop work and to strike in order to protest.
Freedom of assembly
32. Everyone has the right to freedom of peaceful assembly without prior permission of the State.
Right to protect reputation and name
33. Everyone has the right to protect one’s reputation and good name.
Right to marry and establishment of the family
34. (a) Every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. The
family, being the natural and fundamental unit of society, is entitled to special protection by society and the State.
(b) Children must be afforded special protection as specified in law in the event of a marital breakdown of the parents.
Special protection to children, young, elderly and disadvantaged people
35. (a) Children and young people are entitled to special protection and special assistance from the family, the community and the State.
Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited
social and economic exploitation. No person shall obtain undue benefit from their labour.
(b) Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the State.
Right to education
36. (a) Everyone has the right to education without discrimination of any kind.
(b) Primary and secondary education shall be freely provided by the State. It is imperative on parents and the State to provide children
with primary and secondary education. Opportunity for higher education shall be generally accessible to all citizens.
(c) Education shall strive to inculcate obedience to Islam, instil love for Islam, foster respect for human rights, and promote
understanding, tolerance and friendship among all people.
Right to work
37. (a) Every citizen has the right to engage in any employment or occupation.
(b) Everyone is entitled to just and safe conditions of work, fair wages, equal remuneration for work of equal value, and equal opportunity
for promotion.
(c) Everyone has the right to rest and leisure, including limits on hours of work and periodic holidays with pay.
(d) Everyone has the right to spend time at rest and leisure. In order to provide this right to each employed person, the maximum number
of working hours have to be determined as well as the length of paid holidays.
Right of pension
38. Every one engaged in employment with the State shall have the right of pension as provided by law.
Right to participate in cultural life
39. (a) Everyone has the right to participate in the cultural life of the nation, and to benefit from literary and artistic endeavours.
(b) The State shall promote education, culture, literature and the arts, within the limits of its resources.
Right to acquire and hold property
40. (a) Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property.
(b) Private property shall be inviolable, and may only be compulsorily acquired by the State for the public good, as expressly prescribed
by law, and as authorised by order of the court. Fair and adequate compensation shall be paid in all cases, as determined by the court.
(c) Nothing in this Article prevents any law authorising a court to order the forfeiture (without the giving of any compensation) of
illegally acquired or possessed property, or enemy property.
(d) Property of a person shall not be forfeited in substitution for any offence.
Freedom of movement and establishment
41. (a) Every citizen has the freedom to enter, remain in and leave the Maldives, and to travel within the Maldives.
(b) Every citizen has the right to move to, and take up residence on, any inhabited island of the Maldives.
(c) Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency.
Fair and transparent hearings
42. (a) In the determination of one’s civil rights and obligations or of any criminal charge, everyone is entitled to a fair and public hearing
within a reasonable time by an independent court or tribunal established by law.
(b) All judicial proceedings in the Maldives shall be conducted with justice, transparency and impartiality.
(c) Trials of any matter shall be held publicly, but the presiding judge may exclude the public from all or part of a trial in accordance with
democratic norms:
1. in the interests of public morals, public order or national security;
2. where the interest of juveniles or the victims of a crime so require; or
3. in other special circumstances where publicity would prejudice the interests of justice.
(d) All judgements or orders of a Court shall be pronounced publicly, unless the Court specifically orders otherwise for the reasons
stipulated in article (c). All publicly pronounced judgements or orders shall be available to the public.
Fair administrative action
43. (a) Everyone has the right to administrative action that is lawful, procedurally fair, and expeditious.
(b) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons.
(c) Where the rights of a person, a group or community has been adversely affected by administrative action, every such person, group
or every person who may be directly affected by such action has the right to submit the matter to court.
Personal liability
44. The application of the criminal law or criminal procedure, including the conduct of investigations, criminal proceedings and
enforcement of sentences as provided by law, shall extend to the accused person only and shall not affect the legal rights or obligations
of any other person.
No unlawful arrest or detention
45. Everyone has the right not to be arbitrarily detained, arrested or imprisoned except as provided by law enacted by the People’s Majlis
in accordance with Article 16 of this Constitution.
Power of arrest and detention
46. No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has
reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under
the authority of an arrest warrant issued by the court.
Search and seizure
47. (a) No person shall be subject to search or seizure unless there is reasonable cause.
(b) Residential property shall be inviolable, and shall not be entered without the consent of the resident, except to prevent immediate and
serious harm to life or property, or under the express authorisation of an order of the Court.
Rights on arrest or detention
48. Everyone has the right on arrest or detention:
(a) to be informed immediately of the reasons therefore, and in writing within at least twenty four hours;
(b) to retain and instruct legal counsel without delay and to be informed of this right, and to have access to legal counsel facilitated until
the conclusion of the matter for which he is under arrest or detention;
(c) to remain silent, except to establish identity, and to be informed of this right;
(d) to be brought within twenty four hours before a Judge, who has power to determine the validity of the detention, to release the person
with or without conditions, or to order the continued detention of the accused.
Release of accused
49. No person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the
protection of the public, or potential interference with witnesses or evidence dictate otherwise. The release may be subject to conditions
of bail or other assurances to appear as required by the court.
Prompt investigation and prosecution
50. After notice of an alleged offence has been brought to the attention of the investigating authorities, the matter shall be investigated
promptly, and where warranted, the Prosecutor General shall lay charges as quickly as possible.
Rights of the accused
51. Everyone charged with an offence has the right:
(a) to be informed without delay of the specific offence in a language understood by the accused;
(b) to be tried within a reasonable time;
(c) not to be compelled to testify;
(d) to an interpreter to be provided by the State where he does not speak the language in which the proceedings are conducted, or is deaf
or mute;
(e) to have adequate time and facilities for the preparation of his defence and to communicate with and instruct legal counsel of his own
choosing;
(f) to be tried in person, and to defend himself through legal counsel of his own choosing;
(g) to examine the witnesses against him and to obtain the attendance and examination of witnesses;
(h) to be presumed innocent until proven guilty beyond a reasonable doubt.
Confessions and illegal evidence
52. No confession shall be admissible in evidence unless made in court by an accused who is in a sound state of mind. No statement or
evidence must be obtained from any source by compulsion or by unlawful means and such statement or evidence is inadmissible in
evidence.
Assistance of legal counsel
53. (a) Everyone has the right to retain and instruct legal counsel at any instance where legal assistance is required.
(b) In serious criminal cases, the State shall provide a lawyer for an accused person who cannot afford to engage one.
No degrading treatment or torture
54. No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.
No imprisonment for non-fulfilment of contractual obligation
55. No person shall be imprisoned on the ground of nonfulfilment of a contractual obligation.
Right to appeal
56. Everyone related to a matter has the right to appeal a conviction and sentence, or judgement or order in a criminal or civil matter.
Humane treatment of arrested or detained persons
57. Everyone deprived of liberty through arrest or detention as provided by law, pursuant to an order of the court, or being held in State
care for social reasons, shall be treated with humanity and with respect for the inherent dignity of the human person. A person may be
deprived of the rights or freedoms specified in this Chapter only to the extent required for the purpose for which he is deprived of his
liberty.
Compensation
58. Everyone who has been arrested or detained without legal authority or justification has the right to be compensated.
Retrospective legislation
59. (a) No person shall be found guilty of any act or omission which did not constitute an offence under Islamic Shari’ah or law at the
time committed. Nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. If the
punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the
benefit of the lesser punishment.
(b) This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law.
Prohibition of double jeopardy
60. (a) If an accused is acquitted of an offence by a court, he shall not be tried again for the same or substantially the same offence. If an
accused is found guilty and punished for an offence he shall not be tried or punished again for the same or substantially the same offence.
(b) The principle stated in article (a) does not apply to appeals relating to the offence.
Publication of acts and regulations
61. (a) All statutes, regulations, government orders requiring compliance by citizens and government policies shall be published and made
available to the public.
(b) No person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a
statute, which has been made available to the public and which defines the criminal offence and the punishment for commission of the
offence.
(c) All information concerning government decisions and actions shall be made public, except information that is declared to be State
secrets by a law enacted by the People’s Majlis.
(d) Every citizen has the right to obtain all information possessed by the Government about that person.
Retention of other rights
62. (a) The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons.
(b) The enumeration of rights and freedoms individually in this Chapter shall not be construed to deny or negate other rights retained by
the people which are not specified in this Chapter.
Voidance of laws inconsistent with fundamental rights
63. Any law or part of any law contrary to the fundamental rights or freedoms guaranteed by this Chapter shall be void or void to the
extent of such inconsistency.
Non-compliance with unlawful orders
64. No employee of the State shall impose any orders on a person except under authority of a law. Everyone has the right not to obey an
unlawful order.
Application to court to obtain a remedy
65. Anyone whose rights or freedoms, as guaranteed by this Chapter, have been infringed or denied may apply to a court to obtain a just
remedy.
Voidance of laws inconsistent with rights and freedoms
66. All existing statutes, regulations, decrees and notices inconsistent with the fundamental rights and freedoms provisions in this Chapter
shall, to the extent of the inconsistency, become void on the commencement of this Constitution.
Responsibilities and duties
67. The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties,
and it is the responsibility of every citizen:
(a) to respect and protect the rights and freedoms of others;
(b) to foster tolerance, mutual respect, and friendship among all people and groups;
(c) to contribute to the well-being and advancement of the community;
(d) to promote the sovereignty, unity, security, integrity and dignity of the Maldives;
(e) to respect the Constitution and the rule of law;
(f) to promote democratic values and practices in a manner that is not inconsistent with any tenet of Islam;
(g) to preserve and protect the State religion of Islam, culture, language and heritage of the country;
(h) to preserve and protect the natural environment, biodiversity, resources and beauty of the country and to abstain from all forms of
pollution and ecological degradation;
(i) to respect the national flag, state emblem and the national anthem.
Every person in the Maldives must also respect these duties.
Interpretation
68. When interpreting and applying the rights and freedoms contained within this Chapter, a court or tribunal shall promote the values
that underlie an open and democratic society based on human dignity, equality and freedom, and shall consider international treaties to
which the Maldives is a party.
Non-destructive interpretation of Constitution
69. No provision of the Constitution shall be interpreted or translated in a manner that would grant to the State or any group or person the
right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms set out in this Constitution.
The 29 atolls and 1,192 islands of the Maldives have been occupied for thousands of years
by early Dravidian people from the Indian coast. Buddhists kingdoms ruled the islands
beginning in the 3rd Century BCE. Islam was introduced in the 12th Century CE by Arab
traders. Islam became the state religion with the conversion of the last Buddhist king in
either 1153 or 1193 with the King reverting to the Muslim title of Sultan. In 1558, Portugal
began colonizing the island but their attempt to introduce Christianity led to their expulsion.
The Dutch followed in the mid-17th century but they were expelled from Maldives and
Ceylon by the British in 1796 who established a British Protectorate which was formally
recognized in 1887. The British exerted no influence on the capital island community of Male.
Sultans continued to dominate the island until the ratification of the 1932 Constitution which
codified a Constitutional Monarchy. Revocation of the Protectorate was achieved with the
election of the first President of the Republic of Maldives in 1953 but it was short lived,
reverted to a Sultanate in 1959. Independence was achieved on 26 July 1965 and the second
Republic was established with a new Constitution in November of 1968. A new constitution
was promulgated on 7 August 2008. Human rights are enumerated beginning with Chapter II
(Fundamental Rights and Freedoms) and conform with the 1948 Universal Declaration of
Human Rights of which Maldives is a signatory. For a full English translation of Maldives'
Constitution, click here.
by early Dravidian people from the Indian coast. Buddhists kingdoms ruled the islands
beginning in the 3rd Century BCE. Islam was introduced in the 12th Century CE by Arab
traders. Islam became the state religion with the conversion of the last Buddhist king in
either 1153 or 1193 with the King reverting to the Muslim title of Sultan. In 1558, Portugal
began colonizing the island but their attempt to introduce Christianity led to their expulsion.
The Dutch followed in the mid-17th century but they were expelled from Maldives and
Ceylon by the British in 1796 who established a British Protectorate which was formally
recognized in 1887. The British exerted no influence on the capital island community of Male.
Sultans continued to dominate the island until the ratification of the 1932 Constitution which
codified a Constitutional Monarchy. Revocation of the Protectorate was achieved with the
election of the first President of the Republic of Maldives in 1953 but it was short lived,
reverted to a Sultanate in 1959. Independence was achieved on 26 July 1965 and the second
Republic was established with a new Constitution in November of 1968. A new constitution
was promulgated on 7 August 2008. Human rights are enumerated beginning with Chapter II
(Fundamental Rights and Freedoms) and conform with the 1948 Universal Declaration of
Human Rights of which Maldives is a signatory. For a full English translation of Maldives'
Constitution, click here.