Concluding Observations by Committee on the Rights of the Child (CRC)
Concluding Observations on 5th Periodic Report adopted by the Committee on the Rights of the Child at its seventy-second session (17 May-3 June 2016).
Section 37. The Committee urges the State party to take, as a matter of highest priority, measures throughout its territory to:
(a) Adopt appropriate laws that clearly and explicitly define and prohibit child sexual abuse and exploitation;
(b) Initiate a prompt, effective, accessible and child-friendly system for the mandatory reporting of cases of child sexual abuse and exploitation in the home, in schools, in institutions or in other settings, to investigate all reports and allegations of child sexual abuse and exploitation and to punish perpetrators by handing down sentences that are commensurate with the gravity of the crime;
(c) Conduct awareness-raising activities to combat the stigmatisation of victims of sexual exploitation and abuse;
(d) Develop programmes and policies focusing on prevention and the recovery and social reintegration of child victims, in accordance with the outcome documents adopted at the world congresses against the commercial sexual exploitation of children
General Recommendations
Children
- Empower children to protect themselves from child sexual abuse, including online exploitation by educating children about various forms of child sexual abuse, including physical, emotional, and online exploitation, emphasising the importance of recognising and reporting any form of abuse.
Parents/ Caregivers
- Parental awareness programmes should be implemented to raise awareness of the prevalence and impact of child sexual abuse and the importance of early intervention and recognition of signs of child sexual abuse, including changes in behaviour or physical symptoms.
- Educate parents about the importance of never blaming the child for incidents of child sexual abuse. Emphasise that it is never the child’s fault, regardless of the circumstances.
- Encourage parents to create a supportive and nurturing environment where children feel safe to disclose any experiences of abuse without fear of blame or punishment.
- Encourage parents to actively engage in open and age-appropriate conversations with their children about sensitive topics such as personal boundaries, body safety, and inappropriate touching.
- Encourage parents to teach their sons values such as respect, empathy and equality from an early age and to emphasise the importance of treating females with dignity and kindness.
Educators/ Schools
- Integrate comprehensive education on child sexual abuse prevention, including online safety, into the curriculum to ensure that students receive age-appropriate information and skills to deal with threats, including from the digital world.
- Provide ongoing training and workshops for educators to recognise signs of child sexual abuse, both offline and online, and equip them with effective strategies to respond promptly and sensitively to disclosures or suspicions of abuse.
- Introduce and enforce clear child protection policies and protocols for reporting incidents of child sexual abuse to relevant authorities.
- Foster a supportive and non-judgmental environment within schools where students feel empowered to discuss their online and offline experiences, seek guidance, and report concerns about potential abuse or exploitation.
Electronic Service Providers (ESPs)
- Technology companies should prioritise protecting children’s rights, incorporating systems to address violations, and actively contribute to reducing online child sexual exploitation and abuse (OCSEA).
- There’s a need for innovative technological solutions to prevent and combat OCSEA. ESPs should share their knowledge and offer technology-based solutions to strengthen collective efforts in reducing OCSEA.
- All online platforms operating from Pakistan should have clear and accessible flagging, blocking, and reporting mechanisms for children, ensuring transparency and accountability in responding to reports and reporting to authorities.
- Technology companies should proactively detect and eliminate child sexual abuse material (CSAM) and identify grooming attempts and live-streamed CSAM using tools like PhotoDNA and API Arachnid, as well as implement age protection solutions.
- Technology companies can use age verification and estimation methods to protect children from harmful content, utilising machine learning and artificial intelligence techniques to predict age based on various factors like facial features, voice, and behavioural patterns.
Government Agencies
- Expand child protection coverage and establish case management and referral systems across Pakistan, and ensure that adequate support services are available to survivors of child sexual abuse, including medical and psychological care, legal aid, and social services.
- Develop and implement training programmes for law enforcement personnel on the dynamics of child sexual abuse, trauma-informed interviewing techniques, and best practices in investigating and prosecuting these cases. Police in particular should receive specialised training on interviewing techniques that are sensitive to the needs of violence victims to facilitate their engagement with law enforcement and improve the quality of evidence collected during investigations.
- Strengthen helplines by ensuring that they are staffed with trained professionals, including psychologists and legal experts, who can provide guidance and support to victims and their families, addressing their concerns and helping them navigate the process of reporting cases of child sexual abuse (CSA) effectively.
- Implement the Anti-Rape (Trial and Investigation) Act 2021 by establishing Anti-Rape Crisis Cells in all districts of Pakistan, as mandated by Section 4 of the Act. Additionally, Anti-Rape Crisis Cells should be set up at Tehsil Health Centres (THCs) and District Health Quarters (DHQs) to ensure comprehensive coverage and accessibility of support services for survivors of rape and sexual assault across all regions.
- Establish Special Sexual Offences Investigation Units (SSOIU) in all districts of Pakistan to specifically focus on investigating child sexual abuse cases and strengthening forensic evidence collection in sexual violence cases.
- Allocate resources to establish additional forensic laboratories to meet the increasing demand for forensic analysis in criminal cases. These laboratories should be equipped with modern facilities and staffed by trained professionals to ensure timely and accurate forensic examinations.
- Establishing national DNA databases for the identification, prosecution, and conviction of sex offenders. Establishing a national forensic DNA database will alleviate the already overburdened medico-legal system including government hospitals, police stations, and court proceedings.
- Ensure access to free legal aid for child victims and their families to navigate the legal process and advocate for their rights effectively.
Judicial Bodies
- It is recommended that arrangements be made for child sexual abuse cases that the testimony of child victim may be recorded via video link and the victim is not exposed to the accused or the court. If it is necessary to present a child in court, separate and safe waiting areas should be provided for child victims and witnesses without direct contact with the accused during the trial.
- The superior courts should develop their rules for dealing with children, which apply to all subordinate courts, to ensure the best interests of children in accordance with international human rights law and standards, and to ensure that children have prompt access to justice and remedies and have the right to participation, the right to fairness, the right to rehabilitation, the right to non-discrimination and the right to privacy.
- The judiciary should ensure that cases involving children as victims are given high priority and processed as expeditiously as possible to avoid unnecessary delays and adjournments.
- Holding regular courses on the issue of Child Online Protection (COP) is a necessary step that judicial academies in Pakistan can take to raise awareness and educate judges on the legal, social and psychological aspects of protecting children from online harm. Training programmes can cover a wide range of topics, including the legal framework for COP in Pakistan, the types of online threats children face, the impact of online abuse on children’s mental health and well-being, and best practices for investigating and prosecuting cases of online child sexual exploitation and abuse.
Parliamentarians (Federal, Provincial)
- Parliamentarians should conduct a thorough evaluation of the shortcomings in the implementation of existing laws concerning child sexual abuse cases in Pakistan, particularly in light of the country’s alarmingly low conviction rates. Identified gaps or loopholes should be promptly addressed through a combination of legislative reforms and administrative decisions to enhance the effectiveness of legal mechanisms and ensure better protection for children against sexual abuse.
- Introduce legislation mandating the reporting of suspected cases of child sexual abuse by relevant professionals, including healthcare workers, educators, and social workers.
- Approval of a comprehensive child protection policy by all provincial governments in Pakistan to ensure consistent and effective protection measures for children across the country.
National Human Rights Institutions
- Establish mechanisms for monitoring the implementation of legal reforms and holding accountable those who fail to comply with regulations. This could involve regular audits of judicial practices and feedback mechanisms for victims to report instances of mistreatment or negligence.
- Formulating media protocols and Standard Operating Procedures through consultations with media personnel and gender experts to provide guidelines for news and entertainment media on gender and child sensitive reporting.
- NHRIs, especially NCRC, can raise awareness about the dangers that children face online and offline and how to stay safe by collaborating with PTA and PEMRA.
Civil Society Organisations
- Develop and implement training programmes for community leaders, teachers, parents and others who work with children to recognise signs of abuse and respond appropriately.
- Advocate for policies and legislation that protect children from sexual abuse and hold perpetrators accountable. This includes lobbying for stronger laws and policies and working with law enforcement to ensure they are enforced.
- Develop and implement programmes that empower children and young people to speak out against sexual abuse and learn how to protect themselves.
- Conduct research and collect data on the prevalence and impact of child sexual abuse in Pakistan and use this information to inform policy and advocacy efforts.
- Raise public awareness about child sexual abuse and its impact on victims through the use of electronic, print and social media.
- Address cultural and social norms that may contribute to the acceptance or normalisation of child sexual abuse, including traditional practises.
Media
- Increase media coverage of child sexual abuse cases, including reporting on investigations and prosecutions, to raise public awareness of the issue.
- Avoid sensationalising or exploiting child sexual abuse cases and instead provide accurate and sensitive reporting that respects the privacy and dignity of victims and their families, and also to combat the stigmatisation of victims of sexual exploitation, child abuse, violence against children, violence against women and girls, and child marriage.
- Use media platforms, including television, radio and social media, to promote public education campaigns and community programmes that raise awareness of child sexual abuse and its impact on victims and society.
- Develop and implement training programmes for journalists and media professionals on the dynamics of child sexual abuse, trauma-informed interview techniques and best practices for reporting these cases.
- Use media platforms to challenge cultural and social norms that contribute to the acceptance or normalisation of child sexual abuse, including traditional practices such as child marriage.
- Advocate for policies and legislation that protect children from sexual abuse and hold perpetrators accountable, and use media platforms to inform the public about these issues.