25. No slavery or forced labour
(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).
35.Special protection to children, young, elderly and disadvantaged people
(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.
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.
41. Freedom of movement and establishment
(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.
Section 140. Unlawful Restraint
(a) Offense Defined. A person commits an offense if he without consent restrains another for a substantial period of time.
(1) “Restrain” means to confine another or to otherwise restrict another’s freedom of movement.
(2) “Freedom of movement” means the opportunity to travel from one place to another that an ordinary person normally enjoys.
(1) The offense is a Class 3 felony if the defendant restrains the person for the purpose of placing that person in involuntary servitude.
(2) The offense is a Class 4 felony if the person knowingly restrains another person for more than 1 day.
(3) Otherwise the offense is a Class 1 misdemeanor.
(4) Mitigation for Parents and Guardians. The offense is a Class 1 misdemeanor if the person reasonably believes that: (A) he is a parent or legal guardian of the person restrained, and (B) the person restrained is not capable of consent.
Section 141. Criminal Coercion
(a) Offense Defined. A person commits an offense if, with the purpose of unlawfully restricting another person's freedom of action to that person’s detriment, he threatens to:
(1) commit any criminal offense; or
(2) accuse anyone of a criminal offense; or
(3) expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his credit or business reputation; or
(4) take or withhold action as a public official, or cause a public official to take or withhold action.
(b) Exception. A person does not commit an offense under Subsection (a)(2), (a)(3), or (a)(4) if:
(1) he believes:
(A) the accusation or secret to be true, or
(B) the proposed official action justified in its nature, and
(2) his purpose is limited to compelling the other person to behave in a way reasonably related to the circumstances that are the subject of the accusation, exposure, or proposed official action.
(1) Felonious Coercion. The offense is a Class 5 felony if:
(A) the performance of conduct that the person purposes to compel would constitute a felony, if performed, or
(B) the person threatens harm which would be a felony if performed.
(2) Criminal Coercion. Otherwise the offense is a Class 1 misdemeanor.
Section 620. Prostitution
(a) Offense Defined. A person commits an offense if he performs an act of sexual intercourse or sexual contact with a person not his spouse in exchange for anything of value.
(b) Grading. The offense is a Class 1 misdemeanor.
Section 621. Promoting or Supporting Prostitution
(a) Offense Defined. A person commits an offense if, to obtain anything of value, he:
(1) compels a person to engage in an act or acts of prostitution; or
(2) encourages, arranges, or otherwise facilitates an act or acts of prostitution; or
(3) allows the use of a place, over which he exercises control, for an act or acts of prostitution.
(1) Promoting Child Prostitution. The offense is a Class 3 felony if the prostitution being promoted or supported is that of a minor.
(2) Promoting Prostitution. Otherwise the offense is a Class 4 felony.
Section 624 – Sale of Human Body Parts
(a) Offense Defined. A person commits an offense if he knowingly buys or sells a part of a human body.
(b) Exceptions. A person does not commit the offense if he gives or receives compensation for a human body part that is only:
(1) reimbursement of actual expenses incurred in donating a body part or fluid for medical or scientific use; or
(2) a payment provided under a plan of insurance or other health care coverage; or
(3) reimbursement of reasonable costs associated with the removal, storage, or transportation of a human body part or fluid for scientific purposes; or
(4) purchase or sale of drugs, reagents, or other substances made from human body parts, for use in medical or scientific research, treatment, or diagnosis.
(c) Grading. The offense is a Class 1 misdemeanor.
3 - Prohibition of forced employment
a) No person shall be compelled or forced into employment.
b) "Forced employment" shall mean any services or labour obtained from a person under threat of punishment, undue influence or intimidation, and does not include services or labour performed of his own volition by any person. The following are exempted from such definition:‐
i. labour carried out by, or services obtained from a person under the control and supervision of the relevant State authority in pursuance of a court judgement; or
ii. labour or services obtained to the extent deemed reasonable in instances of emergencies which may pose risk to the life or well being of the entire populace or a section of the population.
5 – Contravention of basic principles
a) Any person whose rights conferred pursuant to the basic principles specified in this Chapter have been affected, may submit such matter to the Tribunal specified in Section 10.
b) Complaints submitted to the Tribunal in connection with a right conferred pursuant to the basic principles specified in this Chapter shall be dealt with expeditiously by the Tribunal. The complainant and the respondent shall both be afforded ample opportunity to make submissions and respond to arguments.
c) Where the Tribunal deems that a complaint submitted to it is based on legitimate and valid grounds, it has the power to issue orders mandating compliance with the basic principles specified in this Chapter, including:‐
i. an order to perform or cease performance of an act;
ii. an order to reinstate a dismissed employee;
iii. an order to restore a benefit or advantage that has been denied to a person; or
iv. an order providing for compensation.
6 – Minimum age
Minors under the age of sixteen years shall not be employed except in connection with training associated with their education or deportment. Minors under the age of sixteen years who participate in the family's line of work of their own will shall be exempted from this principle.
7 – Prohibition of employment of minors
a) No minor shall be employed in any work or employment or in conditions of work or employment that may have a detrimental effect on his health, education, safety or conduct.
b) All age limits stipulated in this Chapter shall be computed according to the Gregorian calendar. A child shall be deemed to be under eighteen years of age as provided for in Law No 9/91 (The Law on the Protection of the Rights of the Child)
12 – Penalty
Any person contravening a provision of this Chapter shall be fined a sum not less than Mrf 1,000 and not more than Mrf 5,000.
62 – Minimum wage
(a) Any employer who pays an employee less than the minimum wage commits an offence. The employer shall be fined Mrf 1,000 the first time such offence is committed and shall be fined a sum that is not less than Mrf 1,000 and is not more than Mrf 3,000 the second time such offence is committed.
(b) The Tribunal shall order any employer who pays less than the minimum wage to an employee to make up the shortfall.
(c) Where the employer has paid an employee less than the minimum wage and the employee has consequently filed a complaint, the onus of proving that a minimum wage order issued by the Minister has not been contravened shall be on the employer.
Chapter II– Definitions
The definitions prescribed in this law are laid down under this chapter, in order to safeguard the fundamental principles of this definitions law, and to achieve the objectives of this law to the fullest extent possible. Every provision of this law shall be read, in a manner such that does not limit the definitions thereof
“Human trafficking” means, conduct that constitutes an act of 6, human trafficking prescribed under section 12 of this law, or conduct that constitutes an act of human trafficking and exploitation prescribed under section 13 of this law
“Exploitative conduct” means, the situation where a person commits one of the following acts, against another person:
12- Human Trafficking
13- Human trafficking and exploitation
(a) A person who commits one of the following acts, shall be presumed to be a human trafficker
(i) To compel a person to work or provide a service; and the person is required to work or provide the service after being subjected to a condition; and because of the unlawful coercive means utilised such person is not free to change the person’s status or the condition;
(ii) To compel a person to enter an agreement which creates a legal obligation, or compel a person to marry an identified person; and such person is compelled to enter the agreement, or compelled to marry upon imposition of a predetermined condition, and because of the use of unlawful coercive means utilised such person is not free to change the agreement or status of the person’s marriage or such condition; or
(iii) To compel a person to undergo an unnecessary medical procedure or medical test, and such person does not consent to undergo such procedure or test; or
(b) For purposes of subsection (a) (1) and (3) of this section, within the meaning of transporting a person from one country to another or transfer shall include, immigration to and emigration from Maldives of the person
(c) Even if the person against whom an act specified under subsection (a) of this section consents to the transport from one country to another country or transfer, the person who commits such act shall be deemed to have committed the offence of trafficking under this section
If an act prescribed under sections 12 or 13 of this law is committed against a child, and if the person was negligent in recongnising that it is a child, and such person did so, while being negligent about whether a person will engage in exploitative conduct in relation to the child, or while being negligent of what a person may compel the child to involved in one of the following acts, such person shall be presumed to be a trafficker of children
Engaging in an act constituting the following situations shall be deemed to be an act of debt bondage
Offence and Punishment
17- Offence of human trafficking
18- Offence of trafficking of children
21- Aggravated punishment based on circumstances under which offence is committed
23- Offence of gaining material benefit from trafficking
24- Offence of deception about circumstances of labour or service
25- Offence of debt bondage
26- Offences committed by transporters of persons and goods
27- Offence of benefitting from forced labour
If the victim of trafficking of an offence under subsection (a) of this section is a child, whoever commits the offence under subsection (a) of this section shall be punished, with imprisonment for 5 (five) year.
Note: 18 years of age as the minimum age of Marriage with under 18 marriages being allowed as an exception at the discretion of the registrar, based on the present physical development, financial capability and other factors.