MALDIVES CONSTITUTION DHIVEHI PDF

The Maldives shall be a sovereign, independent, democratic republic based on the principles of Islam, and shall be a unitary State, to be known as the Republic of Maldives. The territory of the Maldives shall comprise the land, air space, sea and seabed within the archipelagic baselines of the Maldives drawn in accordance with the law, and shall include the territorial waters, the seabed and air space thereof beyond the said baselines. The State of the Maldives shall, in accordance with this Constitution, be the territory of the Maldives, the citizens of the Maldives and the powers of the State as a composite whole. The said powers, for purposes of governing the State, shall comprise the following:. Persons mentioned herein below shall be citizens of the Maldives:. The Government of the Maldives shall be the authorities exercising the powers of the State in accordance with this Constitution.

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The option shall be pronounced in like manner as in the case of a judgement on appeal to the Supreme Court. 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. 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.

Every one engaged in employment with the State shall have the right of pension as provided by law. Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law.

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. 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. 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 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; … Art. 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.

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.

It shall promote respect for human rights impartially without favour and prejudice. Such statute shall specify the responsibilities, powers, mandate, qualifications, and ethical standards of members.

The declaration of a state of emergency shall specify the reasons for the declaration of an emergency, and include measures to deal with the emergency, which may include the temporary suspension of the operation of laws and infringement of certain fundamental rights and freedoms guaranteed by this Constitution in Chapter 2. Article 21 right to life ; 2. Article 25 no slavery or forced labour ; 3.

Article 27 freedom of expression ; 4. Article 28 freedom of the media ; 5. Article 42 fair and transparent hearings ; 6. Article 48 b rights on arrest or detention ; 7. Article 51 rights of the accused ; 8. Article 52 confessions and illegal evidence ; 9. Article 53 assistance of legal counsel ; Article 54 no degrading treatment or torture ; Article 55 no imprisonment for non-fulfilment of contractual obligation ; Article 57 humane treatment of arrested or detained persons ; Article 59 retrospective legislation ; Article 60 prohibition of double jeopardy ; Article 62 retention of other rights ; Article 64 non-compliance with unlawful orders.

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. The family, being the natural and fundamental unit of society, is entitled to special protection by society and the State.

Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right: … c to take part in the conduct of public affairs, directly or through freely chosen representatives. 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; … Art.

The President shall be elected directly by the people by universal and secret suffrage. A person elected as President shall have the following qualifications: a be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country; b be a Muslim and a follower of a Sunni school of Islam; c be at least thirty-five years of age; d be of sound mind; e not have an undischarged decreed debt; f not have been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; and g despite the provisions of article f , not have been convicted of an offence for which a hadd is prescribed in Islam or of fraud, deception or criminal breach of trust.

All members shall be elected from a separate electoral constituency. 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. 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. No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.

The powers of the State shall be exercised in accordance with this Constitution. 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.

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: … e to respect the Constitution and the rule of law; … Art. All laws of the Maldives must be enacted in accordance with this Constitution. Any law or part of any law inconsistent with this Constitution is, to the extent of its inconsistency, void and of no force and effect.

The obligations imposed by this Constitution must be fulfilled. Any conduct contrary to this Constitution shall be invalid. When interpreting and applying the rights and freedoms contained within this Chapter,7 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.

The Maldives is a sovereign, independent, democratic Republic based on the principles of Islam, and is a unitary State, to be known as the Republic of the Maldives. Islam shall be the one of the basis of all the laws of the Maldives b No law contrary to any tenet of Islam8 shall be enacted in the Maldives Art.

No control or restraint may be exercised against any person unless it is expressly authorised by law. 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: … 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; … Art.

The Judges are independent, and subject only to the Constitution and the law. In the performance of their judicial functions, Judges must apply the Constitution and the law impartially and without fear, favour or prejudice. Contact Us. Global Gender Equality Constitutional Database. Constitution of the Republic of the Maldives Citizenship and Nationality a The following persons are citizens of the Maldives: 1.

Jurisdiction and Access c The Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law. Education a Everyone has the right to education without discrimination of any kind. Employment Rights and Protection a Every citizen has the right to engage in any employment or occupation. Employment Rights and Protection Every one engaged in employment with the State shall have the right of pension as provided by law.

Equality and Non-Discrimination a Everyone is entitled to the rights and freedoms included in this Chapter3 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.

Equality and Non-Discrimination Every individual is equal before and under the law, and has the right to the equal protection and equal benefit of the law. Equality and Non-Discrimination a The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons. Obligations of the State 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.

Obligations of the State a The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons. Obligations of the State 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. Obligations of the State 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.

Obligations of Private Parties 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; … Art. Judicial Protection 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.

Judicial Protection 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. Judicial Protection 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.

Marriage and Family Life Everyone has the right to respect for his private and family life, his home and his private communications. Marriage and Family Life a Every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. Marriage and Family Life a Children and young people are entitled to special protection and special assistance from the family, the community and the State. Participation in Public Life and Institutions Unless otherwise provided in this Constitution, every citizen of the Maldives eighteen years of age or older has the right: … c to take part in the conduct of public affairs, directly or through freely chosen representatives.

Political Rights and Association 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; … Art. Political Rights and Association a Every citizen has the right to establish and to participate in the activities of political parties.

Head of State The President shall be elected directly by the people by universal and secret suffrage. Head of State A person elected as President shall have the following qualifications: a be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country; b be a Muslim and a follower of a Sunni school of Islam; c be at least thirty-five years of age; d be of sound mind; e not have an undischarged decreed debt; f not have been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; and g despite the provisions of article f , not have been convicted of an offence for which a hadd is prescribed in Islam or of fraud, deception or criminal breach of trust.

Vice-President A person elected as President shall have the following qualifications: a be a Maldivian citizen born to parents who are Maldivian citizens, and who is not also a citizen of a foreign country; b be a Muslim and a follower of a Sunni school of Islam; c be at least thirty-five years of age; d be of sound mind; e not have an undischarged decreed debt; f not have been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or pardon for the offence for which he was sentenced; and g despite the provisions of article f , not have been convicted of an offence for which a hadd is prescribed in Islam or of fraud, deception or criminal breach of trust.

Vice-President a There shall be a Vice President of the Maldives who shall assist the President in the discharge of his duties and responsibilities. Government a There shall be a Cabinet of Ministers appointed by the President, with responsibility for the duties and functions assigned to them by the President, this Constitution and the law. Government a A person shall be qualified to be a member of the Cabinet if he: 1. Legislature a Each administrative division shall establish separate electoral constituencies in accordance with the principles specified in Article 71 of this Constitution.

Property, Inheritance and Land Tenure a Every citizen has the right to acquire, own, inherit, transfer or otherwise transact of such property. Protection from Violence 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 from Violence a No one shall be held in slavery or servitude, or be required to perform forced labour.

Protection from Violence a Children and young people are entitled to special protection and special assistance from the family, the community and the State. Protection from Violence No person shall be subjected to cruel, inhumane or degrading treatment or punishment, or to torture.

Public Institutions and Services a Every person of marriageable age as determined by law has the right to marry, and to establish a family as specified in law. Public Institutions and Services a Children and young people are entitled to special protection and special assistance from the family, the community and the State.

Public Institutions and Services c Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency.

Public Institutions and Services b In carrying out its powers and functions, the Civil Service Commission shall be governed by democratic values and principles, including the following: … 3.

Public Institutions and Services a Members of the security services shall treat all persons and groups equally without any discrimination, and with humanity and dignity in accordance with the decorous principles of Islam.

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Constitution of the Republic of Maldives 1998

Political parties. The Constitution of the Maldives is the supreme law of the country of Maldives. It provides the legal foundation for the existence of the Republic of Maldives, sets out the rights and duties of the citizens of Maldives, and defines the structure of the Government of the Maldives. The current Constitution of Maldives was ratified by President Maumoon Abdul Gayyoom on 7 August , and came into effect immediately, replacing and repealing the Constitution of The current constitution is known by its short title , Constitution of the Republic of Maldives,

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