Human Rights Commission of Maldives (HRCM) has entered the Ministry of health, Family and Welfare with an order to ascertain the ministry's actions and conduct a search regarding the case where a child was taken by the state right after being born.
HRCM has the right to investigate cases as per Article 20, Article 21 and Article 22 of their regulations. Their order was built upon said articles, with it stating they have the power to conduct the investigation from 16th August, 9:00 am to 17th August, 11:59 pm.
Under the order, some HRCM members and staff are currently at the ministry accumulating information for the investigation.
HRCM's regulations give them the power to conduct an investigation of their own accord or if they receive complaints that a person's or group of people's rights have been violated.
The mother of the child raised questions and expressed concern on social media after the child was taken into state care. The 25-year-old mother stated that her child was taken into state care citing her mental health issues and a disability in her hand as reasons. She also stated that the child was taken on the third day after birth against the mother's wishes.
As this issue went viral on social media, many people raised questions regarding the reason the child had to be taken into state care. Criticism was directed at how the Gender Ministry acted in this matter based on the account published by the mother.
In a statement issued regarding the matter, the Ministry stated that the child taken into state care upon birth was handled in accordance with the law, and that a child is taken into state care only in situations where protection cannot be ensured by the family.
In a statement issued regarding the matter, the ministry stated that providing necessary protection to the child is a responsibility of the state, and that Article 35 of the Constitution of the Maldives establishes that receiving special assistance and special protection from the family, community, and the state is a right guaranteed to children and young persons.
The Child and Family Protection Service sent a letter to the family detailing the reasons why the child was taken into state care. According to the letter, the child was taken because concerns regarding protection had been submitted to the agency.
The letter stated that the environment where the mother, who had the child out of wedlock, lives, her mental condition, the disability in her hand, and the lack of anyone in the family to provide care were the reasons why the child had to be taken into state care.
