Convention on the Rights of the Child
The aim of the Convention on the Rights of the Child (CRC) is to set standards for the protection of children against abuse, neglect and exploitation. It addresses the right to possess, receive and have access to certain services essential to the well-being of children. The Convention also mandates the protection of children from harmful acts and practices. Further, it ensures the child’s right to be heard in relation to decisions affecting his or her life and provides for progressive participation in matters impacting the child. Furthermore, the CRC also lays down essential standards for the protection of children’s rights in the realm of the juvenile justice system. Pakistan ratified this convention in 1990.
The CRC has three optional protocols:
- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in Armed Conflict (25 May 2000)
- Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (25 May 2000)
- Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (19 December 2011)
The Convention consists of a total of 54 Articles. Articles 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39 and 40 are substantive in nature. Whereas Articles 2, 4, 19, 21, 22, 33, 35, 42 and 44(6) are implementing provisions and Arts. 10(2), 13(2), 14(3) and 15(2) are derogation provisions.
| ARTICLE | CONTENT |
| Article 1 | Definition of Child |
| Article 2 | Non-discrimination |
| Article 3 | Best interests of the child (the best interests of the child must be the primary consideration while taking decisions that affect the child) |
| Article 4 | Protection of the rights (through available measures) |
| Article 5 | Parental guidance |
| Article 6 | Survival and development |
| Article 7 | Registration, name, nationality and care |
| Article 8 | Preservation of identity |
| Article 9 | Separation from parents |
| Article 10 | Family reunification |
| Article 11 | Kidnapping |
| Article 12 | Respect for the views of the child |
| Article 13 | Freedom of expression |
| Article 14 | Freedom of thought, conscience and religion |
| Article 15 | Freedom of association |
| Article 16 | Right to privacy |
| Article 17 | Access to information, mass media |
| Article 18 | Parental responsibilities, state assistance |
| Article 19 | Protection form all forms of violence |
| Article 20 | Children deprived of family environment |
| Article 21 | Adoption |
| Article 22 | Refugee children |
| Article 23 | Children with disabilities |
| Article 24 | Health and health services |
| Article 25 | Review and treatment in care |
| Article 26 | Social security |
| Article 27 | Adequate standard of living |
| Article 28 | Right to education |
| Article 29 | Goals of education |
| Article 30 | Children of minorities/indigenous groups |
| Article 31 | Leisure, play and culture |
| Article 32 | Child labour |
| Article 33 | Drug abuse |
| Article 34 | Sexual exploitation |
| Article 35 | Abduction, sale and trafficking |
| Article 36 | Other forms of exploitation |
| Article 37 | Detention and punishment |
| Article 38 | War and armed conflicts |
| Article 39 | Rehabilitation of child victims |
| Article 40 | Juvenile justice |
| Article 41 | Respect for superior national standards |
| Article 42 | Knowledge of rights |
| Article 43-54 | Implementation measures |
| Figure 2.5 – Summary of the CRC
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In order to monitor implementation of the CRC, the Convention created the Committee on the Rights of the Child, the treaty-body mandated with monitoring State Party implementation of the Convention. Like the other treaty bodies, the CRC Committee comprises independent experts responsible for monitoring progress under the CRC through compliance reports submitted by State Parties.
The Committee on the Rights of the Child may, under certain conditions, receive and consider individual complaints alleging violations of the rights enlisted within the Convention. Pakistan, however, has not recognized the competence of the Committee to do so. The Optional Protocol (on a communications procedure) to the CRC gives the Committee competence to receive and consider individual communications alleging violations of the CRC and its Protocols. While Pakistan has not recognized the competence of the CRC Committee to receive and consider individual communications, it has established a domestic helpline service for complaints regarding human rights violations as mentioned previously.
The Constitution of Pakistan broadly safeguards many of the provisions enlisted within the CRC. The details that fall within these principles are further governed under Pakistan’s criminal, civil and family laws.
| CONSTITUTIONAL PROVISION | |
| Article 3 | Elimination of Exploitation:
The State shall ensure the elimination of all forms of exploitation and the gradual fulfillment of the fundamental principle, from each according to his ability to each according to his work. |
| Article 11 | Slavery, Forced Labour etc. Prohibited:
Art. 11(3) – No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. |
| Article 25A | Right to education: The State shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law. |
| Article 35 | Protection of family, etc.: The State shall protect the marriage, the family, the mother and the child. |
| Article 37 (e) | Promotion of Social Justice and Eradication of Social Evils:
The State shall: Art. 37 (e) – make provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment |
| Figure 2.6 – CRC and corresponding Constitutional Provisions
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There are various domestic legislations pertaining to the rights guaranteed by the CRC. For the purposes of this Guide, the legal instruments relevant to the rights of the child and juvenile justice systems will be discussed in depth in Section 7.
Please see below for a non-exhaustive list of the relevant domestic legal instruments to the rights of children in Pakistan:
- Zainab Alert Response and Recovery Act, 2019
- Juvenile Justice System Act 2018
- The Sindh Child Protection Authority Act 2011
- The Child Protection and Welfare Act (CPWA) 2010
- The Punjab Destitute and Neglected Children Act 2004
- Protection of Breastfeeding and Child Nutrition Ordinance 2002
- Federally Administered Areas Compulsory Primary Education Ordinance 2000
- NWFP Compulsory Primary Education Act 1996
- Punjab Free and Compulsory Education Act 2014
- The Employment of Children Rules 1995
- Bonded Labour System (Abolition) Act 1992
- Employment of Children Act 1991 (as amended in 2011)
- Punjab Youthful Offenders Ordinance 1983 (as amended in 2001)
- Sindh Children Act 1955
- Children (Pledging of Labour) Act 1933
- Child Marriage Restraint Act 1929
- Birth, Marriage and Death Registration Act 1886
- Guardians and Wards Act 1890
With regards to the CRC, there are several Federal and Provincial institutions that play an important role in promoting the rights protected under the CRC. These include, but are not limited to, the National Commission for Child Welfare and Development (NCCWD), Punjab Child Protection and Wellness Bureau (CPWB), Vigilance Committees Against Bonded Labour (Provincial and District).