National Level
Constitution of Pakistan, 1973
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 importance of protecting the family, which serves as the foundation for a child’s development. It underscores the state’s responsibility to provide support and protection to families, ultimately contributing to the well-being of children. Article 38 focuses on social and economic protection, acknowledging the need for state intervention to ensure that all citizens, including children, have access to essential services such as healthcare, education, and social security.
Federal and Provincial Level
Maternity Acts.
The Federal and Provincial legislation governing maternity rights, safeguards the well-being of pregnant women and new mothers in the workplace through maternity leave, financial support, and protection against discrimination, promoting gender equality and reproductive rights. The legislation contributes to the overall development and welfare of society by fostering a more inclusive and equitable work culture all across Pakistan.
Region | Legislation governing child health | Reference to Law | Explanation |
Islamabad Capital Territory | Section 3 | Prohibits the employment or work of women in any establishments for a period of six weeks after childbirth. | |
Section 4 | Entitles eligible women to maternity benefits during their leave, to be paid by the employer at their regular wage rate, provided they have been employed for at least 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. | ||
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 | Section 3 | Prohibits employing women for six weeks post-childbirth and bars pregnant women from arduous work for six weeks before and after delivery. This provision aims to protect the health and safety of pregnant women and newborns by preventing exposure to excessive physical strain and hazards. | |
Section 4 | Entitles eligible women to maternity benefits during their leave, to be paid by the employer at their regular wage rate, provided they have been employed for at least 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. | ||
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. | ||
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 | 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, Section 7 | Entitles eligible women to maternity benefits during their leave, to be paid by the employer at their regular wage rate, provided they have been employed for a minimum of one year prior to childbirth. | ||
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. | ||
Khyber Pakhtunkhwa | Khyber Pakhtunkhwa Maternity Benefits Act, 2013 | Section 3 | Prohibits employing women for six weeks post-childbirth and bars pregnant women from arduous work for six weeks before and after delivery. This provision aims to protect the health and safety of pregnant women and newborns by preventing exposure to excessive physical strain and hazards. |
Section 4 | Entitles eligible women to maternity benefits during their leave, to be paid by the employer at their regular wage rate, provided they have been employed for at least 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. | ||
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 ten thousand rupees. |
Breast-feeding and Child Nutrition Acts.
The Protection of Breast-feeding and Child Nutrition Acts aims to promote and protect breastfeeding and child nutrition in all provinces of Pakistan. The legislation 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 legislation prohibits the promotion of breast milk substitutes and ensures that accurate information is provided to families about the benefits of breastfeeding.
Punjab | Protection of Breast-Feeding and Child Nutrition Ordinance, 2002 | 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 | Ensures quality assurance for breast milk substitutes by mandating compliance in manufacturing, labeling, and distribution with standards from the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children. This provision aims to guarantee the safety and nutritional quality of these products. | ||
Section 17 | Outlines penalties for ordinance breaches, prescribing imprisonment up to two years, and a minimum fine of fifty thousand rupees which may extend up to five hundred thousand rupees, or both. | ||
Sindh | Sindh Protection and Promotion of Breast-feeding and Child Nutrition Act, 2013 | 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 | Ensures quality assurance for breast milk substitutes by mandating compliance in manufacturing, labeling, and distribution with standards from the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children. This provision aims to guarantee the safety and nutritional quality of these products. | ||
Section 17 | Outlines penalties for ordinance breaches, prescribing imprisonment up to two years, and a minimum fine of fifty thousand rupees which may extend up to five hundred thousand rupees, or both. | ||
Khyber Paktunkhwa | Khyber Pakhtunkhwa Protection of Breast Feeding and Child Nutrition Act, 2015 | 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 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 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, etc. | ||
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 | Ensures quality assurance for breast milk substitutes by mandating compliance in manufacturing, labeling, and distribution with standards from the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children. This provision aims to guarantee the safety and nutritional quality of these products. | ||
Section 19 | Outlines penalties for ordinance breaches, prescribing imprisonment up to two years, and a minimum fine of fifty thousand rupees which may extend up to five hundred thousand rupees, or both. | ||
Balochistan | Balochistan Protection and Promotion of Breast-feeding and Child Nutrition Act, 2014 | 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 | Ensures quality assurance for breast milk substitutes by mandating compliance in manufacturing, labeling, and distribution with standards from the Codex Alimentarius Commission and the Codex Code of Hygienic Practice for Foods for Infants and Children. This provision aims to guarantee the safety and nutritional quality of these products. | ||
Section 17 | Outlines penalties for ordinance breaches, prescribing imprisonment up to two years, and a minimum fine of fifty thousand rupees which may extend up to five hundred thousand rupees, or both. |
Healthcare Commission Acts.
The Healthcare Commission Acts establishes a regulatory body to ensure the quality of healthcare services in all provinces of Pakistan. The legislation aims to improve the standards of healthcare facilities, protect the rights of patients, and promote transparency and accountability within the healthcare sector.
Region | Legislation governing child health | Reference to Law | Explanation |
Punjab | Section 3 | Establishes the Punjab Healthcare Commission as an autonomous regulatory body for healthcare services in the province. | |
Section 4 | Empowers the Commission to regulate, inspect, and monitor healthcare establishments, evaluate performance, investigate complaints, and ensure quality healthcare, with powers to conduct inspections, gather information, issue licenses, and take disciplinary actions, including penalties. | ||
Section 5 | Establishes the Board as the Commission’s governing body. | ||
Section 9 | Outlines the Board’s functions and powers, including developing policies, approving regulations, monitoring performance, and advising the government. | ||
Section 10 | Directs the Board to establish a Technical Advisory Committee for expert advice, comprising professionals from relevant fields. | ||
Section 14 | Prohibits operating a healthcare establishment without a valid license from the Commission, which has the authority to grant, renew, suspend, or cancel licenses. | ||
Section 34 | Mandates the Commission to prepare and submit an annual report to the provincial government, detailing the Commission’s activities and performance. | ||
Sindh | 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, evaluate performance, investigate complaints, and ensure quality healthcare, with powers to conduct inspections, gather information, issue licenses, and take disciplinary actions, including penalties. | ||
Section 5 | Establishes a Board as the governing body of the Commission. | ||
Section 9 | Outlines the Board’s functions and powers, including developing policies, approving regulations, monitoring performance, and advising the government. | ||
Section 10 | Directs the Board to establish a Technical Advisory Committee for expert advice, comprising professionals from relevant fields. | ||
Section 14 | Prohibits operating a healthcare establishment without a valid license from the Commission, which has the authority to grant, renew, suspend, or cancel licenses. | ||
Section 34 | Mandates the Commission to prepare and submit an annual report to the provincial government, detailing the Commission’s activities and performance. | ||
Khyber Pakhtunkhwa | 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, evaluate performance, investigate complaints, and ensure quality healthcare, with powers to conduct inspections, gather information, issue licenses, and take disciplinary actions, including penalties. | ||
Section 7 | Directs the Board to establish a Technical Advisory Committee, Finance and Grant Committee, Performance Review Committee, and Continuous Quality Improvement Committee to support the functions of the Commission. | ||
Section 12 | Prohibits operating a healthcare establishment without a valid license from the Commission, which has the authority to grant, renew, suspend, or cancel licenses. | ||
Section 26 | Mandates the Commission to prepare and submit an annual report to the provincial government, detailing the Commission’s activities and performance. | ||
Balochistan | 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, evaluate performance, investigate complaints, and ensure quality healthcare, with powers to conduct inspections, gather information, issue licenses, and take disciplinary actions, including penalties. | ||
Section 12, Section 14 | Directs the Board to establish a Technical Advisory Committee, Finance and Grant Committee, Performance Review Committee, and Continuous Quality Improvement Committee to support the functions of the Commission. | ||
Section 15. Section 16 | Prohibits operating a healthcare establishment without a valid license from the Commission, which has the authority to grant, renew, suspend, or cancel licenses. | ||
Section 40 | Mandates the Commission to prepare and submit an annual report to the provincial government, detailing the Commission’s activities and performance. |
Reproductive, Maternal, Neonatal and Child Health Authority Act.
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. The legislation is currently limited to Punjab, with other provinces yet to enact their own corresponding legislation.
Region | Legislation governing child health | Reference to Law | Explanation |
Punjab | Punjab Reproductive, Maternal, Neonatal and Child Health Authority Act, 2014 | 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. | ||
Section 9 | Grants power to the Board to establish committees, as required, for carrying out the purposes of the Act. |
Acknowledgement: Sidra Haya Ali-Qazalbash, Policy and Legal Advisor at Obun2