Child Rights in Pakistan
Child Rights in Pakistan
Child Rights in Pakistan
Abstract
The study has helped to identify the important issues of
children in Pakistan, during 2004-2008. This research article
aims to inform practitioners and policy makers, in an effort to
move child rights and children's plight in especially difficult
circumstances to the forefront of the public conscience. The
value and importance of children has also been highlighted in
the study. The efficacy of the implementation of child rights by
Pakistani Government has also been revealed. The study
revealed that the issues of children were over shadowed in
Pakistan during the last few years. The Convention on the
Rights of Child did not serve as a guaranteed savior.
Education, security and social rights were not given proper
attention during the last five years due to which, much
effective results were not produced in improving child rights.
Although the needs of children and their rights, particularly
social and security rights were well understood, but were not
well addressed, both on social and political platform. The
study concluded that Pakistan was unsuccessful in addressing
the issues of Children in Pakistan to its best as the issues of
children were found in a vulnerable state.
Introduction
“The child should be fully prepared to live an individual life in society…
in the spirit of peace, dignity, tolerance, freedom, equality and
solidarity.” (Extracted from the UN Convention on the Rights of the
Child) Right through history, child rights are overlooked and are not
implemented to its fullest. Children Rights Convention (CRC) Article 1
defines, “A child is any human being below the age of eighteen years,
unless under the law applicable to the child, majority is attained earlier.”1
Child Rights may be defined as “The rights, which are concerned both
with the protection of the individual child and with the creation of the
conditions in which all children can develop to their full potential.”2
∗
Munir Moosa Sadruddin, Ph.D Research Scholar, Institute of Education and
Social Sciences, Hamdard University, Karachi. Email: munirmoosa@yahoo.com
Study on the Important Issues of Child Rights in Pakistan Munir Moosa Sadruddin
Researchers believe that the education, social and the protection rights
are the foremost important issues, which needs a serious consideration.
Education can contribute a lot to empower and enlighten children's lives
and in breaking the barriers of poverty, discrimination, and provides
opportunities to its younger generation to strive for better times ahead.
Children need secure and healthy environment. Their voices must be
heard and trusted and every possible step must be taken to provide them
safety. They must be taught their basic rights right from the day, they
start understanding things, so that their joint coalition to work can
fruitfully bring joys in many lives.
In the following year, the report of HRCP 2006 states, children orphaned
or separated from their parents in the October 8, 2005 quake remained at
risk even a year after the disaster. Children continued to be made victims
of violent crimes. Although Pakistan ratified ILO Convention 182 on the
Worst Forms of Child Labour in 2001, children continued to be
employed in dangerous occupations, including mining. There was an
increase in incidents of gang-rape, including cases involving minor
girls.26
Health statistics, particularly for women and children, were
amongst the worst in the world.27 Literacy rate in 2005 stood at 53
percent while infant mortality rate were noted to be highest among South
Asian countries. There were approximately 1.7 million bonded
laborers.28 Pakistan spent around two percent of its GDP on education,
the lowest figure among South Asian countries.29
According to Annual report 2007 of HRCP, child healthcare
continued to be poor and inadequate resulting in the spread of disease
and high mortality rates. Pakistan's under-5 mortality rate was recorded
at 99 out of every 1,000 live births - higher than that of Bangladesh. 38%
of children in Pakistan were reported to be moderately or severely
malnourished. Children, especially minor girls, continued to be the
victims of widespread sexual and physical abuse. At least 258 cases of
rape and gang-rape and 138 deaths by killing were reported… Child
labour and trafficking remained rampant across the country. Increasing
numbers of street children were also reported to have become drug
addicts with almost 83% of street children between the ages of 8 and 19
reportedly sniffing glue.30
Child labor was also widespread with reports stating that more
than 3.6million children under the age of 14 were working under
hazardous and exploitative conditions. Labor laws were largely
ignored…Pakistan was placed at 144th in the world literacy ranking. The
education sector was plagued by corruption, misuse of funds & resources
and inconsistencies in the implementation of education reforms.31 It was
reported that around 550,000 children in Pakistan die before reaching the
age of five every year.32
In 2008 in Pakistan 6,780 cases of violence committed on minors
took place: sexual abuse, targeted murders, abductions, forced labor and
suicides are only some example of this, to which the exploitation of
“child soldiers” in the war between Islamic fundamentalism and the army
must be added. The 2008 report on the “Condition of Children in
Pakistan” –released by the Society for the Protection of the Rights of the
Child (SPARC) – underlines the governments failure to apply national
and international law in protection of the rights of minors. The document
reports that almost 30% of children under the age of five are
malnourished. It claims that 30-40 percent of children of school going
age across the country, are not attending schools.
The SPARC report says the government, despite its claims, has not favor
polices to protect minors. Pakistan is still far from reaching the
Millennium Development Goals (MDG): among which is the guarantee
of education for all by 2015.33
Education Rights
Since 2000, governments throughout the developing world have been
striving to various degrees to meet the Millennium Development Goals.
The Pakistani government has reaffirmed its intention to work towards
the goal and put policies in place to improve education in Pakistan. Yet,
statistics show that there certainly is a lot of work to be done. Over 16
million children attend primary school in Pakistan but millions more do
not spend their days in the classroom.34
80
68%
70
60 50%
50
40
30
20
10
0
Pakistan Boys South Asia Boys Pakistan Girls South Asia Girls
The preceding graph shows that the government has not earmarked a
substantial amount for the education in the last almost ten years and both
National Economic Survey and National Education Census fail to give
budget allocations in the sub-sectors within the education ministry and
specify the priority areas for expenditure.40
According to the report of Human Rights Commission of
Pakistan 2008, at 120th spot, Pakistan remained at the bottom in the EFA
Development Index ranking with the lowest allocations to education as a
percentage of the GNP in terms of public expenditure.41
In Pakistan, there are no laws that deal specifically with the abuse of
children or sexual abuse not involving penetration. There are only
provisions regarding rape and sodomy thus penetration is necessary for
the sexual abuse to be a punishable offence. The Pakistan Penal Code
provisions used to prosecute sexual abusers directly are rape and
sodomy. Murder and kidnapping cases are also used to punish offenders.
Section 376 on rape of women prescribes a punishment. Section 377
covers sodomy and gives a punishment of 2-10 years. Section 254 covers
sexual harassment but the maximum punishment is two years
imprisonment. Even though the Pakistan Penal Code could be used to
prosecute cases, the authorities use the Hudood Ordinances. The
punishment is only given if the accuser confesses or if there are four
Corporal Punishment
Article 19 of the Convention on the Rights of the Child clearly
enunciates that a child must be “protected from all forms of physical and
mental violence while in the care of parents and others.” Article 37 is
also pertinent in this respect. “No child shall be subjected to torture or
other cruel, inhuman or degrading treatment or punishment”
Section 89 of the PPC (Pakistan Panel Code 1860) (No XLV)
empowers parents, teachers and other guardians to use corporal
punishment as a means to discipline and correct the behavior of under-12
children. It is also a fact that corporal punishment is practiced within the
family, resulting in serious injuries. Also, whipping is used a sentence for
Hadood Crimes despite the 1996 Abolition of Whipping Act.46
In Pakistan, as far as prohibition of corporal punishment in
homes is concerned, it is recognized in the National Child Protection
Policy that children will be protected from corporal punishment.47
According to the survey, conducted by Society for the Protection
of the Rights of Child48, the ratio of the inflicters of corporal punishment
is given below:
Ratio of the Inflictors of Corporal Punishment
Teacher
Principal
Monitor
Watchman
Senior Students
School maid
Others
Child Labor
Child labor is deeply rooted in the Pakistani society and the children
involved in this painful reality have started accepting it as their fate.
Economic exploitation of children or child labor is one of the worst
forms of child abuse and neglect in Pakistan. Children are found working
in almost every economic sector in the country. Many of them are
traditionally and economically bonded and also working in hazardous
occupations.50
According to the Economic Survey 2005-2006, percentage of
people living below the poverty line has declined from 34.46 percent in
2001 to 23.9 percent in 2004-2005.51
ILO estimates that across the Asia and Pacific region there are currently
127 million children between the ages 5-14 years who are economically
active.53
In 2007, Human Rights Commission Pakistan wrote in their
report, despite ten years of attention to the problem, child labour remains
endemic. Studies indicated that children who work are much less likely
to complete primary education, are likely to have lower incomes later in
life, and are prone to serious health problems caused by workplace
hazards. The last survey was taken in 1996. The 1996 survey had
reported that there were 3.3 million child laborers in Pakistan, but most
observers stated that the number had increased significantly.54
According to the Report of HRCP, published in 2008, the
government kept claiming that a comprehensive survey on the extent of
child labor in Pakistan would be conducted soon but no headway was
made in this regard during 2008. Lack of proper statistics meant the
problem could not be addressed properly and the severity of the issue
remained diluted at best.55
Health Issues
According to the report of UNICEF in 200556, the mortalities rate of
children in Pakistan is given below:
UNICEF reported that, Pakistan has the 47th highest rate of under-5
mortality in the world, out of 193 countries listed. Pakistan’s under-5
mortality rate is 99 out of every 1,000 live births, compared to 74 in
India and Nepal & 73 in Bangladesh.57
Health Indicators
Population < 160 million
Under five Mortality 103/ 1,000
Infant Mortality Rate 80/ 1,000
Immunization at 12 months of age against TB 78%
Immunization at six months of age against six (preventable diseases)
53%
Maternal Mortality Rate 340-500/ 1,00,000
GDP on Health
Government Sector 0.6 percent Private Sector 1.7 Sector
Source: Annual Health Report 2007, Pakistan Medical Association, PMA
According to CIA World Fact book, 2008 61, the infant mortality rate of
Pakistan is:
Infant Mortality Rate of Pakistan
78
76.53
76
74
72.44 72.44
72
70.45
70 68.84
68 66.94
66
64
62
(a) 2003 (b) 2004 (c) 2005 (d) 2006 (e) 2007 (f) 2008
Analysis
The review of related literature also revealed that there were many issues
faced by children and very poor attention was given to solve their issues.
It was found that the condition of children in Pakistan was sensitive.
Children were being subjected to horrific violence and their rights were
mostly abused.
Throughout the history of Pakistan, children were mostly
subjected to ignorance. Violations to child rights were clearly observed
in Pakistan. Many issues of children were revealed which shed light on
the reality that there were more issues than its solution. The rate of issues
faced by children in Pakistan escalated during 2004-2008. From the issue
of health to education rights, most of the documents clearly disclosed
that child rights were not well implemented in Pakistan.
During the last five years, children’s education and health rights
in Pakistan were in dismal state. The poor health indicators and literacy
rate alarmed that the implementation of child rights were practically
missing. As far as security is concerned, children are vulnerable to sexual
and physical abuse. Child abuse and corporal punishment were widely
practiced phenomenon in the world, particularly in Pakistan.
Conclusion
Education, security rights and social rights were not given proper
attention during the last five years to its best, due to which much
effective results were not produced in improving child rights. The
research concluded that children are still in a state of dismal, here in
Pakistan. So far, our country has not addressed issues of children to its
best.
20
Harry Anthony Patrinos, “Living Conditions of Children”, Policy Research
Working Paper Series 4251, (The World Bank, 2007) 1.
21
Ibid, 2
22
Ibid, 3
23
“Pakistani Children the Worst in South Asia”, Asia Child Rights-ACR Weekly
Newsletter Vol. 3, No. 16, 2004
24
K. Hyat, State of Human Rights in 2005, (Lahore: Human Rights Commission
of Pakistan, 2006) 9-11.
25
Ibid, 202.
26
K. Hyat, State of Human Rights in 2006, (Lahore: Human Rights Commission
of Pakistan, 2007) 20.
27
Ibid, 21
28
F. Gulrez, The State of Pakistan’s Children 2006, (Islamabad: SPARC Society
for the Protection of the Rights of the Child, 2007) 50.
29
K. Hyat, State of Human Rights in 2006, op.cit. 21.
30
K. Hyat, State of Human Rights in 2007, (Lahore: Human Rights Commission
of Pakistan, 2008) 6.
31
Ibid, 7
32
Ibid, 8
33
“Pakistan's Violence against Children”, Asia News, accessed November 19,
2009, from http://www.speroforum.com/a/19589/Pakistans-violence-against-
children
34
F. Gulrez, The State of Pakistan’s Children 2005 (Islamabad: Society for the
Protection of the Rights of the Child, 2006) 82.
35
“Net Primary Enrolment Rate in Pakistan”, derived from F. Gulrez, The State
of Pakistan’s Children 2005 (Islamabad: Society for the Protection of the Rights
of Children, 2006).
36
“Comparative Table on Primary School Enrolment”, derived from
Information from UNESCO, (Institute for Statistics, 2005).
37
F. Gulrez, “SPARC's Discourse”, Issue 27, (Islamabad: Society for the
Protection of the Rights of the Child, September, 2007) 43.
38
K. Hyat, State of Human Rights in 2006, op.cit.
39
“Indicator of Education from 1980- 2007”, derived from Ministry of
Education, (Government of Pakistan, 2008)
40
I. Raza, “The Trivialized Goal”, in F. Gulrez, The State of Pakistan’s Children
2008, (Islamabad: Society for the Protection of the Rights of the Child, 2009)
77.
41
N. Din, & S. Ansari, State of Human Rights in 2008, (Lahore: Human Rights
Commission of Pakistan, 2009) 6-7.
42
F. Gulrez, The State of Pakistan’s Children 2005 op.cit.163.
43
“National and Provincial Legislation” derived from ESCAP, Child Sexual
Exploitation in Pakistan, (United Nations Economic and Social Commission for
Asia and the Pacific, 2001) 10.
44
. Working Group against Child Sexual Abuse and Exploitation, (Sweden: Save
the Children, 2005) 182.
45
“Types of Abuse”, derived from Aangan, Rozan, in F. Gulrez, The State of
Pakistan’s Children 2005, (Islamabad: Society for the Protection of the Rights
of the Child, 2006) 175.
46
T. Parvez, M.Mogwanja, Analysis of Enforcement Gaps in Child Related
Protection Laws 2006, (Islamabad: Federal Investigation Agency, Ministry of
Interior, 2006) 13.
47
“Global Initiative to end all Corporal Punishment of Children: Ending
Legalized Violence against Children”, Global Report 2007 13.
48
“Ratio of the Inflicters of Corporal Punishment”, derived from F. Gulrez, The
State of Pakistan’s Children 2005, (Islamabad: Society for the Protection of the
Rights of the Child, 2006) 170.
49
F. Saleem, “No Safe Place”, in F. Gulrez, The State of Pakistan’s Children
2008, (Islamabad: Society for the Protection of the Rights of the Child, 2009)
32.
50
F. Gulrez, The State of Pakistan’s Children 2006, (Islamabad: Society for the
Protection of the Rights of the Child, 2007) 49.
51
“Economic Survey 2005-2006”, Ministry of Finance, Government of
Pakistan, accessed November 20, 2009,
http://www.finance.gov.pk/survey/sur_chap_05-06/04-Poverty
52
“Implementation of the Employment of Children Act, 1991” derived from
Federal Ministry of Labor, (Government of Pakistan, 2004).
53
“Action against Child Labor: Progress and Future Priorities”, (Geneva: ILO,
2003)
54
N.Din, & S. Ansari, State of Human Rights in 2007, (Lahore: Human Rights
Commission of Pakistan, 2008) 164.
55
Ibid, 132.
56
“Mortalities Rate of Children in Pakistan”, derived from Tracking Progress in
Child Survival the 2005 Report, (UNICEF. 2005) 94.
57
The State of the World’s Children 2007, (New York: UNICEF, 2008).
58
K. Hyat, State of Human Rights in 2006, op.cit.6.
59
Ibid, 187.
60
“Health Indicators”, derived from Annual Health Report 2007, Pakistan
Medical Association.
61
“Infant Mortality Rate of Pakistan”, derived from CIA World Factbook
(December 18, 2008)