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. The Convention significantly impacts children’s health by establishing a comprehensive framework for safeguarding and promoting the well-being of children. Pakistan ratified UNCRC, 1989 on 12th November, 1990.
Article 24 and 25 emphasizes every child’s right to the highest attainable standard of health and the importance of preventive healthcare, respectively. These articles mandate state parties to prioritize access to quality healthcare services, including essential immunization, nutrition, and sanitation, ensuring that children’s physical and mental health needs are met throughout their development. Furthermore, the Convention recognizes the interconnections of children’s health with other rights, such as education (Article 28), social protection (Article 26), and non-discrimination (Article 2), promoting a holistic approach to every child’s health in all aspects of life.
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.
Article 10 emphasizes the crucial role of the family as the fundamental unit of society entitled to the widest possible protection and assistance, particularly concerning the care and education of dependent children, which directly impacts a child’s well-being. It underscores the need for special protection for mothers before and after childbirth, and mandates special measures to protect all children from discrimination and economic or social exploitation, specifically prohibiting their employment in work harmful to their health, morals, or development. Article 11 focuses on the right to an adequate standard of living, which includes adequate food, clothing, and housing. Moreover, Article 12 focuses on the right to the highest attainable standard of physical and mental health for all, including children. It emphasizes the importance of access to healthcare services, including preventive care, treatment, and rehabilitation, to ensure the health and well-being of children.
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 holds paramount importance for child health by directly impacting the health and well-being of mothers, the primary caregivers for children. The Convention’s emphasis on gender equality empowers women, enabling them to access education, healthcare, and economic opportunities, which in turn foster’s healthier mothers capable of providing optimal care for their children. This positive impact translates into improved maternal health outcomes, reduced infant and child mortality rates, and enhanced child development. Pakistan ratified CEDAW on 3rd December, 1996.
Article 12 entitles every woman to equal access to healthcare, ensuring that they receive essential prenatal care, safe childbirth practices, and access to family planning services. A proper implementation of this Article will lead to improved maternal health, reducing maternal mortality and complications during pregnancy and childbirth, resulting in healthier newborns and improved child health outcomes.
Convention on the Rights of Persons with Disabilities (CRPD), 2006
The Convention on the Rights of Persons with Disabilities (CRPD), 2006 marks a significant shift in international human rights law by recognizing the inherent dignity and equal rights of all persons with disabilities. This comprehensive treaty emphasizes the fundamental principle of inclusion, ensuring that persons with disabilities are fully integrated into society and are entitled to equal opportunities. The Convention’s overarching goal is to promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, without discrimination. Pakistan ratified CRPD on 5th July, 2011.
Article 25 emphasizes the right to health services, including rehabilitation, early intervention, and access to assistive devices, which are crucial for children with disabilities. Additionally, Article 23 mandates that States Parties ensure the right to education, including early childhood development, which is essential for the overall well-being of children with disabilities, including their health and development.
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), 1965 aims to eradicate racial discrimination in all its forms. This treaty underscores the fundamental principle of equality, recognizing that all human beings are born free and equal in dignity and rights, regardless of their race, color, descent, or national or ethnic origin. Pakistan ratified ICERD on 21st September, 1966.
While ICERD does not explicitly address children’s health, it indirectly impacts children’s well-being through its emphasis on equal access to healthcare and social services. Article 5(e)(iv) requires States Parties to prohibit and to eliminate racial discrimination in all its forms and without distinction as to race, color, descent, or national or ethnic origin. This article ensures that children of all races have equal access to healthcare services, promoting their overall health and well-being.
WHO Framework Convention on Tobacco Control (FCTC), 2003
The WHO Framework Convention on Tobacco Control (FCTC), 2003 is an international treaty that sets out comprehensive measures to reduce tobacco use and its devastating consequences. It recognizes tobacco as a major public health threat, responsible for millions of preventable deaths each year. The FCTC aims to protect present and future generations from the devastating health, social, environmental, and economic consequences of tobacco use and exposure to tobacco smoke. Pakistan ratified FCTC on 3rd November, 2004.
Article 8 mandates States Parties to protect children from exposure to tobacco smoke, recognizing that children are particularly vulnerable to the harmful effects of tobacco. Article 13 requires States Parties to implement measures to prevent the illicit trade in tobacco products, which is essential to protect children from access to tobacco products. Moreover, Article 16 encourages States Parties to provide comprehensive cessation support services, including those specifically tailored to children and adolescents, to help them quit smoking and avoid initiation.
Paris Agreement, 2015
The Paris Agreement, 2015 is an international agreement within the United Nations Framework Convention on Climate Change (UNFCCC) dealing with greenhouse gas emissions mitigation, adaptation, and finance starting in the year 2020. It aims to substantially reduce global greenhouse gas emissions to limit the global temperature increase in this century to well below 2 degrees Celsius above pre-industrial levels, while pursuing efforts to limit the increase to 1.5 degrees Celsius. This is crucial to avoid the worst impacts of climate change, which include more extreme weather events, rising sea levels, and disruptions to food and water security. Pakistan ratified the Paris Agreement 11th November, 2016.
While the Paris Agreement does not explicitly address children’s health, it indirectly impacts children’s well-being through its emphasis on climate change mitigation and adaptation. Article 7 focuses on adaptation and acknowledges the importance of strengthening the resilience of social and ecological systems to climate change impacts. This includes protecting children from the effects of climate change, such as malnutrition, disease, and displacement. Moreover, Article 9 deals with finance and recognizes the need for financial support to developing countries to implement adaptation and mitigation measures, including those that protect children from climate change impacts.
Global Strategy for Women’s, Children’s, and Adolescents’ Health (2016-2030)
The Global Strategy for Women’s, Children’s and Adolescents’ Health (2016-2030) is a comprehensive framework that aims to accelerate progress towards achieving the health-related Sustainable Development Goals (SDGs) for women, children, and adolescents. It focuses on three key areas: ending preventable deaths, improving health and well-being, and ensuring access to quality health services. The strategy emphasizes the importance of investing in health systems, strengthening community engagement, and promoting gender equality to ensure that all women, children, and adolescents have access to the health services they need. Although yet to be ratified, Pakistan is actively engaged in implementing the goals and objectives of this strategy.
The framework highlights trends in child mortality and morbidity, indicating that while under-5 mortality has decreased, the global mortality rate for children under 5 years was 38 deaths per 1000 live births in 2021, with a significant proportion of these deaths occurring in the neonatal period. Morbidity is notably affected by iron-deficiency anemia, which affected an estimated 40% of children aged 6-59 months in 2019. Furthermore, in 2020, over 45 million children under 5 years experienced wasting, and optimal breastfeeding practices remain suboptimal, with less than half of infants aged 0-6 months being exclusively breastfed. It emphasizes the need for interventions to address these key causes of child mortality.
The framework further addresses broader factors impacting child health and well-being, such as widespread inequalities in early childhood development, with low-income countries showing a higher percentage of children not on track developmentally (38.7%) compared to upper-middle-income countries (18%). Moreover, it highlights the impact of external threats such as the COVID-19 pandemic, which has directly affected child health and well-being and indirectly increased risks such as violence against children.
Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2