A Critical Analysis of Pakistan's Legislative Measures Against Sexual Abuse of Children in the Light of International Human Rights Law

Authors

  • Adnan Nisar LLM Scholar, Department of Law, Abdul Wali Khan University Mardan
  • Hidayat ur Rehman Assistant Professor, Department of Law, Abdul Wali Khan University Mardan
  • Muhammad Jan Assistant Professor, Department of Law, Islamia College University, Peshawar
  • Muhammad Aqeel Assistant Professor, Department of Law, Abdul Wali Khan University Mardan

DOI:

https://doi.org/10.1234/pjlaw.v2i02.79

Keywords:

Child Sexual Abuse, UNCRC, Child Protection Laws in Pakistan.

Abstract

Child abuse is a serious infringement of human rights law in both developed and developing countries. Developing countries are facing more issues related to child sexual abuse. Pakistan has signed United Nation Convention on Rights of Children and is under obligations to safeguard childern from sexual abuses. Pakistan has established “National Commission for Child Welfare and Development” (NCCWD) for the protection of child rights. Pakistan is a federal state and the 18th constitutional amendments has given power to all the provinces and they make their own laws and implement them. There are many cases found in Pakistan of child sexual abuses. Unfortunately, there are legal lacunas which are responsible for child sexual abuse in Pakistan. This research finds out the loops in law and also recommended amendments to ensure safety of child from sexual abuses. The analytical, comparative and descriptive research methods are used to conduct this research.

References

MLD 182l-1972 (Supreme Court).

YLR 2471.

PLC (CS) 1048.

SCMR 287.

Ali, S. M. (2018). Pattern of Child Abuse in a district of Southern Punjab. Sexual abuse, . Journal of Sheikh Zayed Medical College , 13-3.

Ali, S. M. (2018). Pattern of Child Abuse in a district of Southern Punjab. Sexual abuse, . Journal of Sheikh Zayed Medical College , 14.

Committee on the Right of the Child, Consideration of reports submitted by states parties under article 44 of the convention. Pakistan, 19 March 2009. from: http://www2.ohchr.org/english/bodies/ crc/crcs52.htm

DAWN (2018, January 4). Murder of Zainab Ansari. Retrieved June 9, 2018, from

Dawn, T. (2018, August 9). Medico-legal report confirms Mardan's 5-year-old girl was raped before murder. Medico-legal report confirms Mardan's 5-year-old girl was raped before murder . Mardan, KP, Pakistan:

ECPAT International, Pakistan Progress Card, from: http://www.ecpat.net/TBS/HTML/Make History country.html

Editorial, P. (2018). Law and Violence against Children in Pakistan, Pakistan Journal of Criminology , i,ii.

Federal Investigation Agency, “National Response Centre for Cyber Crimes (NR3C)”.from: http://www.fia.gov.pk/prj_nr3c.htm

Government of Pakistan, Ministry of Social Welfare and Special Education, Pakistan’s National Report Child Sexual Abuse and Exploitation 2008, Islamabad: MSWSE, 2008.

Government of Pakistan, Ministry of Social Welfare and Special Education, Pakistan’s National Report Child Sexual Abuse and Exploitation 2008, Islamabad: MSWSE, 2008. 20 ECPAT International, Pakistan Progress Card, July 2010. from: http://www.ecpat. net/TBS/HTML/MakeHistory_country.html

Government of Pakistan, Prevention and Control of Human Trafficking Ordinance, 2002, from: http://www.fia.gov.pk/pchto2002.htm

Hyder A.A, F. A. (2007). Violence against Children: A Challenge for Public Health in Pakistan. Journal of Health, Population and Nutrition .

Hyder A.A, F. A. (2007). Violence against Children: A Challenge for Public Health in Pakistan. Journal of Health, Population and Nutrition

Mangat, R. (2018, January 22). Child abuse talk still a taboo in Pakistan. Child abuse talk still a taboo in Pakistan . Pakistan: The News.

Ministry of Foreign Affairs, www.mofa.gov.pk, accessed 10 July, 2018

Ministry of Social Welfare and Special Education from: http://www.moswse.gov. pk/

National Commission for Child Welfare and Development (NCCWD), National Plan of Action for Children, 2005 (approved in 2006). from: http://www.nccwd.gov.pk/npa/npa.pdf

PLD 1988 SC 416,

PLD 2002 Lah.383.

PLD 2012 Lah.389.

PLJ 1999 Kar. 124.

PLJ 2005 Lah.1.

Rana, A. A. (2022a). The right of custody of minor: A comparative study of sharī’ah and Pakistani legal system. International Journal of Human Rights and Constitutional Studies, 9(4), 350–368. https://doi.org/10.1504/ijhrcs.2022.126182

Rana, A. A. (2022c). The rights of the juvenile in Pakistan. International Journal of Human Rights and Constitutional Studies, 9(3), 246–256. https://doi.org/10.1504/ijhrcs.2022.123687

Secretary, Department of Health and Community Services v JWB , 175 CLR 218 (Civil Court 1992).

SPARC, The State of Pakistan’s Children 2009, SPARC, Islamabad, 2009.

State v Abdul Malik, PLD 2000 Lah 449, (Lahore High Court 2000)

UDHR. (1948). Universal Declaration of Human Rights. Retrieved2018, from United Nations: http://www.un.org/en/universal-declaration-human-rights/

UNCRC. (n.d.). United Nations Convention on the Right of Child. Retrieved from www.unicef.org:https://www.unicef.org.uk

UNICEF. (2015). The state of children in Pakistan. Retrieved August 2018, from http://www.mohtasib.gov.pk:

Downloads

Published

30.09.2023

How to Cite

Adnan Nisar, Hidayat ur Rehman, Muhammad Jan, & Muhammad Aqeel. (2023). A Critical Analysis of Pakistan’s Legislative Measures Against Sexual Abuse of Children in the Light of International Human Rights Law. PAKISTAN JOURNAL OF LAW, ANALYSIS AND WISDOM, 2(02), 432–442. https://doi.org/10.1234/pjlaw.v2i02.79

Similar Articles

1 2 3 4 5 6 7 8 9 10 > >> 

You may also start an advanced similarity search for this article.