8. The Committee is concerned that the State party is not fully respecting the rights of non-discrimination and privacy. In particular, it is concerned about discrimination against people on the basis of their sexual orientation as well as the social stigmatization and social exclusion of these groups.

While the Committee observes the diversity of morality and cultures internationally, it recalls that they must always be subject to the principles of universality of human rights and non-discrimination (general comment No. 34(2011) on article 19 (freedoms of opinion and expression),para.32). Accordingly, the State party has the duty to protect the individual’s liberty and privacy, including in the context of same sex sexual activities among consenting adults (arts. 2, 17 and 26).

The State party should decriminalize sexual relations between consenting adults of the same sex. It should also combat the stigmatization and marginalization of homosexuals in society. The State party should accelerate the enactment of the Anti-Discrimination legislation, which is currently under consideration by the Parliament, and ensure it includes a prohibition of discrimination on the basis on sexual orientation.

Link to full text of the report: Concluding Observations-CCPR-Maldives-2012-eng