International Human Rights Standards
UN Convention on the Rights of Child (UNCRC), 1989
The United Nations Convention on the Rights of the Child (UNCRC), 1989 is of the utmost importance as it is a legally binding international agreement that specifically focuses on the rights of children. The Convention serves as a national policy guideline for countering any contemporary concern pertaining to violation of the rights of children. Child protection is one of the cornerstones of the convention in reference to discrimination, neglect, abuse and exploitation. The near-universal ratification of the UNCRC makes it the most comprehensive formal statement of children’s rights and an authority on the international discourse and policies on almost all children-related issues. Pakistan ratified UNCRC, 1989 on 12th November, 1990.
Article 19 mandates State Parties to implement effective measures to protect children from physical, mental, and emotional violence, emphasizing the preservation of human dignity and physical integrity and consequently overcome any fragments which may amount to physical or mental suffering. Article 34 extends this protection to explicitly include sexual abuse and exploitation, obligating states to develop systemic protocols for prevention and intervention. Article 39 further reinforces these protections by requiring State Parties to provide comprehensive rehabilitative support for child victims, encompassing physical and psychological recovery and social reintegration, thereby ensuring a holistic approach to child protection.
Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000
The Optional Protocols to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornogrpahy (OPCRC), 2000 complements UNCRC, 1989 by focusing mainly on protecting children from exploitation. Pakistan ratified OPCRC, 2000 on 26th September, 2001.
Article 1 defines and prohibits the sale of children, child prostitution, and child pornography, establishing a clear legal framework. Article 2 provides detailed definitions for these offenses, ensuring consistent interpretation and application across State Parties. Article 3 mandates the criminalization of adult involvement in these activities, requiring States to implement robust legal measures, including severe penalties, to prosecute offenders and ensure compliance with international legal standards.
Articles 7-10 and 12 focus on victim support, prevention, and international cooperation. Article 7 emphasizes the prevention, investigation, and punishment of all forms of sexual abuse. Article 8 details the provision of comprehensive support to child victims, including medical, psychological, and social assistance, while safeguarding their privacy and safety. Article 9 directs States to implement preventative measures through laws, policies, and public awareness campaigns, and Article 10(2) and (3) promote international cooperation for victim reintegration and repatriation. Moreover, Article 12 requires State Parties to report on their implementation of the protocol to the Committee on the Rights of the Child, ensuring accountability and ongoing monitoring.
First World Congress against Commercial Sexual Exploitation of Children, 1996
The First World Congress against Commercial Sexual Exploitation on Children, 1996 was a significant event that aimed to address the issue of child sexual exploitation. It contributed to the development of international instruments and initiatives that address child sexual abuse.
The adoption of the Stockholm Declaration and Agenda for Action, a key outcome of the Congress, established a comprehensive framework for combating the commercial sexual exploitation of children, including child sexual abuse. This framework emphasizes legal measures, offender prosecution, victim support services, international cooperation, awareness campaigns, and capacity-building. The Congress significantly raised global awareness, leading to the creation of organizations like ECPAT, dedicated to protecting children from sexual exploitation.
The Yokohama Congress, the Second World Congress against Commercial Exploitation of Children, furthered these efforts by providing a platform for global stakeholders to collaborate on preventative strategies and enhance international cooperation. This exchange of knowledge aimed to strengthen legal frameworks and promote the protection and well-being of children worldwide, reinforcing the commitment to combat this pervasive issue.
International Labour Organization Convention on the Worst Forms of Child Labour, 1999 (No. 182)
The International Labour Organization Convention on the Worst Forms of Child Labour, 1999 (No. 182) addresses the prevalent issue of child labour. The Act focuses primarily on eliminating the most harmful and exploitative forms of child labour, ensuring their well-being, safety and development. The Convention raises awareness about the severity of the worst forms of child labour and encourages advocacy efforts to combat this issue on a global scale. Pakistan ratified the ILO Convention on 11th October 2001.
Article 3 specifies the worst forms of child labour as any work that is mentally, physically, socially, or morally detrimental to the well-being of children. It includes work that is harmful to the health, safety, or morals of children, including hazardous work that may expose them to physical, psychological, or sexual abuse as well as all forms of forced labor, trafficking, slavery, and involvement in illicit activities such as the production and trafficking of drugs. Moreover, the Convention establishes internationally recognized standards and guidelines for governments, employers, and workers to address the issue of child labour effectively. Article 6 emphasizes the need for the prohibition and elimination of the worst forms of child labour. It requires State Parties to take immediate action to identify and remove children from hazardous work environments and provide them with access to education, rehabilitation, social support, recovery, and social reintegration of child victims of sexual abuse and exploitation.
Convention on the Elimination of all Forms of Discrimination Against Women, 1979
The Convention on the Elimination of all forms of Discrimination against women (CEDAW), 1979 serves as an important international treaty promoting gender equality and women’s rights worldwide. It provides a comprehensive framework for addressing discrimination against women in all areas of life. It recognizes that gender-based discrimination is a violation of human rights and seeks to eliminate it in both public and private spheres. Pakistan ratified the CEDAW, 1979 on 12th March, 1996.
Article 2 obligates State Parties to condemn and incorporate appropriate measures to eliminate discrimination against women, including protecting girls from sexual abuse and ensuring their safety. Article 5 addresses the need for the modification of social and cultural patterns to eliminate gender stereotypes and prejudices. Challenging harmful societal norms and stereotypes can help combat CSV and promote a safer environment for girls. Article 16 recognises the importance of ensuring equality in marriage and family relations. Protecting children from sexual abuse within the family unit is crucial, and this article indirectly encourages efforts to prevent such abuse. Moreover, Article 24 highlights the importance of ensuring access to healthcare services, including measures to address the specific health needs of women and girls, especially survivors of sexual abuse.
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), 1984 promotes human rights and prohibits torture and other forms of cruel, inhuman or degrading treatment or punishment worldwide. The importance of this international treaty lies in its commitment to eradicating torture and ensuring the dignity and well-being of individuals. It establishes a clear definition of torture and emphasizes that it is never acceptable under any circumstances. Pakistan ratified the CAT, 1984 on 17th April, 2008.
Article 1 defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted upon a person for purposes such as obtaining information, punishment, or discrimination. While this article does not explicitly, mention CSV, it establishes a broad definition of torture that can encompass various forms of abuse, including those perpetrated against children. Article 2 prohibits torture and other cruel, inhuman, or degrading treatment or punishment, including sexual abuse against children. Moreover, Article 19 emphasizes the importance of ensuring effective legal, administrative, and other measures to prevent any form of maltreatment and corporal punishment against children.
International Covenant on Civil and Political Rights, 1966
The International Covenant on Civil and Political Rights (ICCPR), 1966 establishes and protects fundamental human rights. It guarantees a range of civil and political rights and promotes equality, dignity, and freedom for all individuals, regardless of their nationality, race, gender, or other characteristics. Pakistan ratified the ICCPR, 1966 on 17th April 2008.
Article 7 prohibits torture, cruel, inhuman, or degrading treatment or punishment, including CSV, and emphasises the importance of protecting individuals, including children, from such abuse. Article 9 protects the right of liberty and security of the person. In the context of CSV, it can be applied to ensure that children are protected from exploitation and have access to appropriate support and services. Article 17 protects the right to privacy and dignity of child victims of sexual abuse, as well as ensuring their right to a safe and secure environment. Article 24 recognises the right of the child to be protected without discrimination and to have the highest attainable standard of health. This provision emphasizes the need to protect children from harm and ensure their overall well-being.
International Covenant on Economic, Social and Cultural Rights, 1966
The International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 recognizes and protects fundamental human rights related to economic, social, and cultural aspects of life. By establishing these rights as legally binding obligations, the ICESCR holds governments accountable for ensuring the well-being and dignity of their citizens. This international instrument advances human rights and helps promote equality, social justice, and the overall development of individuals and communities. Pakistan ratified the ICESCR, 1966 on 17th April 2008.
The ICESCR, 1966 does not explicitly mention child sexual abuse, however several articles can be applied in the context of CSV. Article 10 addresses the right to family life, which pertains to protecting children from violence, exploitation, and abuse within their families and communities. Article 12 pertains to the right to the highest attainable standard of physical and mental health, which includes protecting children from any form of violence that may harm their well-being. Article 13 addresses the right to education, which includes ensuring a safe and supportive learning environment for children, free from any form of abuse and violence. Article 24 addresses the right to the highest attainable standard of health, which includes protecting children from all forms of violence, including CSV, and providing them with appropriate support and care. Moreover, Article 27 addresses the right to an adequate standard of living, which includes protecting children from exploitation and abuse that may hinder their development and well-being.
Sustainable Development Goals
The Sustainable Development Goals (SDGs) provide a global framework addressing the world’s most pressing challenges. By setting specific targets and indicators, the SDGs guide governments, organizations, and individuals in taking action and making positive changes. They promote collaboration, innovation, and accountability to achieve a more equitable, inclusive, and environmentally friendly world.
In the context of CSV, Goal 16 focuses on promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and establishing effective, accountable, and inclusive institutions at all levels. Within this goal, Target 16.2 specifically aims to eradicate abuse, exploitation, trafficking, and all forms of violence against children, including CSV.
Goal 5 addresses gender equality and various forms of violence against women and girls, including harmful practices, such as child marriage, which may instigate acts pertaining to CSV. It indirectly contributes to preventing and addressing CSV by promoting gender equality, ensuring access to education, and empowering women and girls. Similarly, although CSV has not been explicitly mentioned, Goal 8 does address the eradication of forced labor, human trafficking, and child labor, all grounds which may instigate acts pertaining to CSV. These efforts combat various forms of exploitation and contribute to creating a safer environment for children.
Other International Commitments
Some of the other International Instruments combating CSV in the digital realm include General Comment No.25 (2001) on Children’s Rights in relation to the Digital Environment, Guidelines of the Committee on the Rights of the Child regarding the implementation of the OPSC, Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, ECOSOC Resolution 2011/33, Budapest Convention, Lanzarote Convention, and the Rio de Janerio Pact prohibit sexual exploitation of children and adolescents.
Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2.