Policy and Law- Health – The State of Children in Pakistan

The Constitution of the Islamic Republic of Pakistan, the supreme law of Pakistan, highlights the sense of equality amongst all citizens irrespective of their age, gender, ethnicity etc, declaring each citizen entitled to equal protection under law as per Article 25.

Moreover, Article 35 emphasizes the responsibility of the State to provide necessary social and economic protection to ensure the well-being of mothers and children. This includes measures to safeguard the rights of mothers and children, promote their health, and create a supportive environment for their overall development. Furthermore, Article 38 focuses on the State’s responsibility to promote social and economic well-being, including the provision of medical relief and healthcare. This article highlights the State’s commitment to creating a healthcare system that is accessible, affordable, and of good quality for all citizens.

Islamabad Capital Territory

The West Pakistan Maternity Benefit Ordinance, 1958

The West Pakistan Maternity Benefit Ordinance, 1958 ensures the well-being and protection of pregnant women and new mothers in the workplace. By providing maternity leave, financial assistance, and safeguards against discrimination, the ordinance promotes gender equality and supports women’s reproductive rights. The ordinance contributes to the overall development and welfare of society by fostering a more inclusive and equitable work culture in Pakistan.

Section 3 prohibits the employment or work of women in any establishments for a period of six weeks after childbirth. Section 4 deals with the right to and liability for the payment of maternity benefits. The provision states that eligible women have the right to receive maternity benefits during their period of maternity leave. Additionally, the employer is liable to pay these benefits to the woman at the rate of her wages or salary for the duration of her leave, provided the individual has been employed for a minimum of four months prior to childbirth. Section 7 prohibits an employer from terminating or dismissing a woman from her employment during her maternity leave period without a reasonable cause. The purpose of these provisions is to protect women from unfair treatment and ensure job security during this critical time. Moreover, Section 9 prescribes punishment for an employer who contravenes any provision of this Ordinance, in which case the individual shall be liable to a fine which may extend to five hundred rupees.

Punjab

Punjab Maternity Benefit Ordinance, 1958

The Punjab Maternity Benefit Ordinance, 1958 ensures the well-being and protection of pregnant women and new mothers in the workplace. By providing maternity leave, financial assistance, and safeguards against discrimination, the ordinance promotes gender equality and supports women’s reproductive rights. The ordinance contributes to the overall development and welfare of society by fostering a more inclusive and equitable work culture in Punjab.

Section 3 prohibits the employment or work of women in any establishments for a period of six weeks after childbirth. The provision further states that pregnant women are not permitted to engage in any work that is of an arduous nature during a period of six weeks before and after childbirth. The provision recognises the physical demands and potential risks associated with strenuous work for pregnant women and new mothers. The Act aims to protect their health and well-being by ensuring they are not exposed to excessive physical strains and hazards that could jeopardize their own safety or that of their unborn or newborn child. Section 4 deals with the right to and liability for the payment of maternity benefits. The provision states that eligible women have the right to receive maternity benefits during their period of maternity leave. Additionally, the employer is liable to pay these benefits to the woman at the rate of her wages or salary for the duration of her leave, provided the individual has been employed for a minimum of four months prior to childbirth. Section 7 prohibits an employer from terminating or dismissing a woman from her employment during her maternity leave period without a reasonable cause. The purpose of these provisions is to protect women from unfair treatment and ensure job security during this critical time. Moreover, Section 9 prescribes punishment for an employer who contravenes any provision of this Ordinance, in which case the individual shall be liable to a fine which may extend to three thousand rupees.

The Protection of Breast-Feeding and Child Nutrition Ordinance, 2002

The Protection of Breast-feeding and Child Nutrition Ordinance, 2002 promotes and protects breastfeeding and child nutrition in Punjab. The Act emphasizes the importance of exclusive breastfeeding an infant for the first six months and encourages continued breastfeeding alongside appropriate complementary feeding up to two years or beyond. The Act prohibits the promotion of breast milk substitutes and ensures that accurate information is provided to families about the benefits of breastfeeding.

Section 3 directs the provincial government to establish the Punjab Infant Feeding Board. Section 4 empowers the Board to promote, protect, and monitor the implementation of the ordinance. The Board has the authority to conduct inquiries, inspections, and assessments to ensure compliance with the provisions of the ordinance, including monitoring the marketing and promotion of breastmilk substitutes and taking appropriate action against any violations. Section 7 outlines specific practices that are prohibited in relation to the marketing and promotion of breast milk substitutes. The provision prohibits the advertising, promotion, or distribution of breast milk substitutes through health workers or health facilities. Section 11 focuses on quality assurance measures for breast milk substitutes. The provision ensures that the manufacturing, labeling, and distribution of these products comply with specific standards recommended by the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children to guarantee their safety and nutritional quality. Moreover, Section 17 pertains to the penalties for individuals and entities held liable for breaching the ordinance. The provision prescribes punishment of imprisonment for a term which may extend to two years, or with fine which shall not be less than fifty thousand rupees or more than five hundred thousand rupees, or both.

Punjab Healthcare Commission Act, 2010

The Punjab Healthcare Commission Act, 2010 establishes a regulatory body to ensure the quality of healthcare services in Punjab. The Act aims to improve the standards of healthcare facilities, protect the rights of patients, and promote transparency and accountability within the healthcare sector.

Section 3 establishes the Punjab Healthcare Commission as an autonomous regulatory body responsible for overseeing healthcare services in the province. Section 4 empowers the Commission to regulate, inspect, and monitor healthcare establishments and evaluate their performance to ensure ongoing compliance with the set standards, as well as to investigate complaints and take necessary actions to ensure the provision of safe and quality healthcare services to the people of Punjab. In addition to these functions, the Commission is also granted certain powers, which include the authority to conduct inspections and assessments, gather information, issue licenses, take disciplinary actions against non-compliant facilities, and impose penalties or fines when necessary. Section 5 establishes a Board as the governing body of the Commission. Section 9 outlines the function and powers of the Board, including developing policies and guidelines related to the functions of the commissions, approving regulations that align with the objectives of the Act, monitoring the commission’s performance, and advising the provincial government on matters related to healthcare regulation and improvement.

Section 10 directs the Board to establish a Technical Advisory Committee to support its functions. The Committee is responsible for providing expert advice and recommendations to the Board on technical matters related to healthcare regulation and improvement. The Committee comprises professionals from various relevant fields, such as medicine, nursing, mental health, and other specialties. Moreover, Section 14 prohibits a healthcare establishment from operating without a valid license issued by the Commission, since the Commission has the authority to grant, renew, suspend, or cancel licenses based on compliance with the prescribed standards and regulations. Furthermore, Section 34 mandates the Commission to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Commission the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Commission’s performance to the government and other relevant stakeholders.

Punjab Reproductive, Maternal, Neonatal and Child Health Authority Act, 2014

The Punjab Reproductive, Maternal, Neonatal and Child Health Authority Act, 2014 establishes an authority that improves healthcare services for reproductive, maternal, neonatal, and child health in Punjab. The Act aims to establish guidelines, standards, and protocols to improve the quality of care provided in the province.

Section 3 directs the provincial government to establish the Punjab Reproductive, Maternal, Neonatal and Child Health Authority. Section 7 empowers the Authority with certain powers and functions, including formulating policies and strategies, implementing programs and initiatives, coordinating and collaborating with relevant stakeholders to ensure a comprehensive approach, establish guidelines, standards, and protocols for healthcare providers, monitoring and evaluating the implementation and impact of programs, take measures for entering into contracts including concession agreements, granting licenses and other contractual instruments. Moreover, Section 9 grants power to the Board to establish committees, as required, for carrying out the purposes of the Act.

Khyber Pakhtunkhwa

Khyber Pakhtunkhwa Maternity Benefits Act, 2013

The Khyber Pakhtunkhwa Maternity Benefits Act, 2013 ensures the well-being and protection of pregnant women and new mothers in the workplace. By providing maternity leave, financial assistance, and safeguards against discrimination, the ordinance promotes gender equality and supports women’s reproductive rights. The Act contributes to the overall development and welfare of society by fostering a more inclusive and equitable work culture in KP.

Section 3 prohibits the employment or work of women in any establishments for a period of six weeks after childbirth. The provision further states that pregnant women are not permitted to engage in any work that is of an arduous nature during a period of six weeks before and after childbirth. The provision recognises the physical demands and potential risks associated with strenuous work for pregnant women and new mothers. The Act aims to protect their health and well-being by ensuring they are not exposed to excessive physical strains and hazards that could jeopardize their own safety or that of their unborn or newborn child. Section 4 deals with the right to and liability for the payment of maternity benefits. The provision states that eligible women have the right to receive maternity benefits during their period of maternity leave. Additionally, the employer is liable to pay these benefits to the woman at the rate of her wages or salary for the duration of her leave, provided the individual has been employed for a minimum of four months prior to childbirth. Section 7 prohibits an employer from terminating or dismissing a woman from her employment during her maternity leave period without a reasonable cause. The purpose of these provisions is to protect women from unfair treatment and ensure job security during this critical time. Moreover, Section 10 prescribes punishment for an employer who contravenes any provision of this Act, in which case the individual shall be liable to a fine which may extend to ten thousand rupees.

Khyber Pakhtunkhwa Protection of Breast Feeding and Child Nutrition Act, 2015

The Khyber Pakhtunkhwa Protection of Breast-feeding and Child Nutrition Act, 2015 promotes and protects breastfeeding and child nutrition in KP. The Act emphasizes the importance of exclusive breastfeeding an infant for the first six months and encourages continued breastfeeding alongside appropriate complementary feeding up to two years or beyond. The Act prohibits the promotion of breast milk substitutes and ensures that accurate information is provided to families about the benefits of breastfeeding.

Section 3 directs the provincial government to establish the Khyber Pakhtunkhwa Infant Feeding Board. Section 4 empowers the Board to promote, protect, and monitor the implementation of the Act. The Board has the authority to conduct inquiries, inspections, and assessments to ensure compliance with the provisions of the Act, including monitoring the marketing and promotion of breastmilk substitutes and taking appropriate action against any violations. Section 7 outlines the powers and functions of the District Breastfeeding Promotion Committee in promoting and supporting breastfeeding within the district. These functions include developing and implementing strategies to promote breastfeeding and improve child nutrition within the district, creating awareness about the benefits of breastfeeding and providing education and counseling to mothers and families, advocating for the adoption of breastfeeding policies and practices in healthcare facilities, workplaces, and others settings, monitoring the implementation of the Act and ensuring compliance with its provisions, and providing support and guidance to healthcare professionals and community workers involved in breastfeeding promotion.

Section 9 outlines specific practices that are prohibited in relation to the marketing and promotion of breast milk substitutes. The provision prohibits the advertising, promotion, or distribution of breast milk substitutes through health workers or health facilities. Section 13 focuses on quality assurance measures for breast milk substitutes. The provision ensures that the manufacturing, labeling, and distribution of these products comply with specific standards recommended by the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children to guarantee their safety and nutritional quality. Moreover, Section 19 pertains to the penalties for individuals and entities held liable for breaching the ordinance. The provision prescribes punishment of imprisonment for a term which may extend to two years, or with fine which shall not be less than fifty thousand rupees or more than five hundred thousand rupees, or both.

Khyber Pakhtunkhwa Healthcare Commission Act, 2015

The Khyber Pakhtunkhwa Healthcare Commission Act, 2015 establishes a regulatory body to ensure the quality of healthcare services in KP. The Act aims to improve the standards of healthcare facilities, protect the rights of patients, and promote transparency and accountability within the healthcare sector.

Section 3 establishes the Khyber Pakhtunkhwa Healthcare Commission as an autonomous regulatory body responsible for overseeing healthcare services in the province. Section 6 empowers the Commission to regulate, inspect, and monitor healthcare establishments and evaluate their performance to ensure ongoing compliance with the set standards, as well as to investigate complaints and take necessary actions to ensure the provision of safe and quality healthcare services to the people of KP. In addition to these functions, the Commission is also granted certain powers, which include the authority to conduct inspections and assessments, gather information, issue licenses, take disciplinary actions against non-compliant facilities, and impose penalties or fines when necessary. Section 7 directs the Commission to establish a Technical Committee, Finance and Grant Committee, Performance Review Committee, and Continuous Quality Improvement Committee to support the functions of the Commission. Section 12 prohibits a healthcare establishment from operating without being registered and acquiring a valid license issued by the Commission. Moreover, Section 26 mandates the Chief Executive Officer of the Commission to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Commission the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Commission’s performance to the government and other relevant stakeholders.

Sindh

Sindh Protection and Promotion of Breast-feeding and Child Nutrition Act, 2013

The Sindh Protection and Promotion of Breast-feeding and Child Nutrition Act, 2013 promotes and protects breastfeeding and child nutrition in Sindh. The Act emphasizes the importance of exclusive breastfeeding an infant for the first six months and encourages continued breastfeeding alongside appropriate complementary feeding up to two years or beyond. The Act prohibits the promotion of breast milk substitutes and ensures that accurate information is provided to families about the benefits of breastfeeding.

Section 3 directs the provincial government to establish the Infant Feeding Board. Section 4 empowers the Board to promote, protect, and monitor the implementation of the ordinance. The Board has the authority to conduct inquiries, inspections, and assessments to ensure compliance with the provisions of the Act, including monitoring the marketing and promotion of breastmilk substitutes and taking appropriate action against any violations. Section 7 outlines specific practices that are prohibited in relation to the marketing and promotion of breast milk substitutes. The provision prohibits the advertising, promotion, or distribution of breast milk substitutes through health workers or health facilities. Section 11 focuses on quality assurance measures for breast milk substitutes. The provision ensures that the manufacturing, labeling, and distribution of these products comply with specific standards recommended by the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children to guarantee their safety and nutritional quality. Moreover, Section 17 pertains to the penalties for individuals and entities held liable for breaching the ordinance. The provision prescribes punishment of imprisonment for a term which may extend to two years, or with fine which shall not be less than fifty thousand rupees or more than five hundred thousand rupees, or both.

Sindh Healthcare Commission Act, 2013

The Sindh Healthcare Commission Act, 2013 establishes a regulatory body to ensure the quality of healthcare services in Sindh. The Act aims to improve the standards of healthcare facilities, protect the rights of patients, and promote transparency and accountability within the healthcare sector.

Section 3 establishes the Sindh Healthcare Commission as an autonomous regulatory body responsible for overseeing healthcare services in the province. Section 4 empowers the Commission to regulate, inspect, and monitor healthcare establishments and evaluate their performance to ensure ongoing compliance with the set standards, as well as to investigate complaints and take necessary actions to ensure the provision of safe and quality healthcare services to the people of Sindh. In addition to these functions, the Commission is also granted certain powers, which include the authority to conduct inspections and assessments, gather information, issue licenses, take disciplinary actions against non-compliant facilities, and impose penalties or fines when necessary. Section 5 establishes a Board as the governing body of the Commission. Section 9 outlines the function and powers of the Board, including developing policies and guidelines related to the functions of the commissions, approving regulations that align with the objectives of the Act, monitoring the commission’s performance, and advising the provincial government on matters related to healthcare regulation and improvement.

Sindh Maternity Benefits Act, 2018

The Sindh Maternity Benefits Act, 2018 ensures the well-being and protection of pregnant women and new mothers in the workplace. By providing maternity leave, financial assistance, and safeguards against discrimination, the ordinance promotes gender equality and supports women’s reproductive rights. The Act contributes to the overall development and welfare of society by fostering a more inclusive and equitable work culture in Sindh.

Section 3 prohibits the employment or work of women in any establishments for a period of four weeks before childbirth and twelve weeks after childbirth. Section 4 further states that additional maternity leave shall be granted for one week in case of a miscarriage, four weeks in case of a still-born delivery, and sixteen weeks in case of a premature delivery. Section 5 and Section 7 deals with the right to and liability for the payment of maternity benefits. The provisions state that eligible women have the right to receive maternity benefits during their period of maternity leave. Additionally, the employer is liable to pay these benefits to the woman at the rate of her wages or salary for the duration of her leave, provided the individual has been employed for a minimum of one year prior to childbirth. Moreover, Section 10 mandates every organization employing 10% or more employees to establish a day care facility within the premises and to install CCTV cameras for monitoring the child’s wellbeing.

Balochistan

Balochistan Protection and Promotion of Breast-feeding and Child Nutrition Act, 2014

The Balochistan Protection and Promotion of Breast-feeding and Child Nutrition Act, 2014 promotes and protects breastfeeding and child nutrition in Balochistan. The Act emphasizes the importance of exclusive breastfeeding an infant for the first six months and encourages continued breastfeeding alongside appropriate complementary feeding up to two years or beyond. The Act prohibits the promotion of breast milk substitutes and ensures that accurate information is provided to families about the benefits of breastfeeding.

Balochistan Healthcare Commission Act, 2014

The Balochistan Healthcare Commission Act, 2014 establishes a regulatory body to ensure the quality of healthcare services in Balochistan. The Act aims to improve the standards of healthcare facilities, protect the rights of patients, and promote transparency and accountability within the healthcare sector.

Section 3 establishes the Balochistan Healthcare Commission as an autonomous regulatory body responsible for overseeing healthcare services in the province. Section 4 empowers the Commission to regulate, inspect, and monitor healthcare establishments and evaluate their performance to ensure ongoing compliance with the set standards, as well as to investigate complaints and take necessary actions to ensure the provision of safe and quality healthcare services to the people of Balochistan. In addition to these functions, the Commission is also granted certain powers, which include the authority to conduct inspections and assessments, gather information, issue licenses, take disciplinary actions against non-compliant facilities, and impose penalties or fines when necessary. Section 12 directs the Commission to establish a Technical Committee, Finance and Grant Committee, Performance Review Committee, Continuous Quality Improvement Committee, Legal and Legislation Committee, and more, to support the functions of the Commission. Section 14 directs the Commission to establish a Technical Advisory Committee to support its functions. The Committee is responsible for providing expert advice and recommendations to the Board on technical matters related to healthcare regulation and improvement. The Committee comprises professionals from various relevant fields, such as medicine, nursing, mental health, and other specialties. Section 15 and Section 16 prohibits a healthcare establishment from operating without being registered and acquiring a valid license issued by the Commission. Moreover, Section 40 mandates the Commission to prepare and submit an annual report to the provincial government. The report includes details about the activities, programs, and initiatives undertaken by the Commission the preceding year. The purpose of the annual report is to provide transparency, accountability, and a comprehensive overview of the Commission’s performance to the government and other relevant stakeholders.

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