A/HRC/46/26/Add.1
(b)
Systematically monitor the living conditions and treatment of patients in
psychiatric hospitals and similar institutions, and take all necessary measures to ensure
their full compliance with the Convention on the Rights of Persons with Disabilities;
(c)
Strengthen the work, independence and autonomy of the National Mental
Health Act Review Body, and establish review bodies with similar functions in each
province;
(d)
Ensure that decisions concerning legal capacity, involuntary
hospitalization and involuntary treatment are subject to regular judicial review and
that in the case of persons deprived of their legal capacity, formal consent given by a
legal representative does not suffice to render a measure voluntary in the absence of the
free and informed consent of the affected person;
(e)
Provide accessible information to institutionalized individuals on their
status and rights and, whenever possible, ensure the application of alternatives to
institutionalization and to medication.
101. Regarding other persons in vulnerable situations, the Special Rapporteur
recommends that the relevant authorities ensure that children, people with special
needs, drug users and migrant workers are duly protected against all forms of violence,
abuse and humiliation and have access to adequate legal counsel and medical care that
respond to the specificities of their situation.
102. The Special Rapporteur recommends that the authorities review the drug
rehabilitation programme to make the necessary improvements to ensure that it is
adaptable to the evolving forms of addiction in Maldives and that they strengthen
aftercare programmes to support sustained recovery. He also strongly recommends a
significant expansion of the capacity of the current rehabilitation programme, so as to
address the reported backlog of approximately 900 persons waiting for a place in the
programme, and to alleviate the current overincarceration of persons with drug
dependency.
103. In the light of their particular relevance to the context of Maldives, the Special
Rapporteur recommends that the Government ratify the Second Optional Protocol to
the International Covenant on Civil and Political Rights, aiming at the abolition of the
death penalty, and the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
104. The absolute and non-derogable prohibition of torture and other cruel, inhuman
or degrading treatment or punishment applies equally to the working and living
conditions of migrant workers and their families. In that regard, the Special
Rapporteur strongly recommends that the authorities: (a) ensure effective regulation
and oversight of private recruitment agencies; (b) establish and enforce adequate
working and accommodation standards; and (c) systematically impose penal, civil,
labour and administrative sanctions for violations, exploitation and abuse on the part
of employers, recruiters, officials and any other accomplices.
105. In order to ensure that human rights defenders and civil society organizations
can operate in an enabling environment without fear and intimidation, the Special
Rapporteur urges the Maldivian authorities to: (a) clearly communicate a zerotolerance policy with regard to threats and violence of any kind and reaffirm their
unequivocal support for freedom of expression; (b) ensure and protect the safety, rights
and liberty of human rights defenders and civil society organizations; and (c) allow the
Maldivian Democracy Network to resume its activities as expeditiously as possible.
106. In the field of the eradication of domestic violence, the Special Rapporteur
strongly recommends that the role and work of the community social groups be
proactively strengthened, promoted, disseminated and implemented throughout
Maldives.
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