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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee against Torture
- UN Committee on the Elimination of Discrimination against Women
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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CCPR/C/PAK/CO/1
Last reported: 24 November 2015
Concluding observations issued: 25-26 July 2017
Issues raised:
Ratification:
The Committee welcomes the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography in 2011 and The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in 2016 (para. 4).
Death Penalty: The Committee is concerned that juveniles and persons with psychosocial or intellectual disabilities are reportedly sentenced to death and executed (para. 17).
The State party should reinstate the moratorium and consider abolishing the death penalty and acceding to the Second Optional Protocol to the Covenant. If the death penalty is maintained, the State party should, as a matter of priority, take all measures necessary to ensure that: No person who was below 18 years of age at the time of the commission of an offence is subjected to the death penalty, those charged with a capital offence have access to an effective and independent age determination process, and are treated as children if doubts remain about their age at the time of the crime (para. 18).
Counter-terrorism Act: The Committee remains concerned at the Act’s supremacy over other laws including the Juvenile Justice Ordinance, which enables the courts to try juveniles (para. 21).
The State party should remove the jurisdiction of the Anti-Terrorism Courts over juvenile offenders (para. 22).
Harmful Practices: The Committee is concerned that the minimum age for marriage is set differently for girls at 16 years and for boys at 18 years in some provincial laws; the practice of the Ghag, forced marriage and child marriage continues; and a high number of victims of such practices have attempted or committed suicide (arts. 2(2), 3, 6, 23, 26) (para. 41).
The State party should ensure that the minimum age for marriage is set at 18 years for both girls and boys; intensify its efforts to eradicate forced marriage and related harmful practices, including by carrying out prompt and effective investigations on all reported cases and prosecute those responsible if appropriately; and ensure that victims are provided with appropriate remedies and rehabilitation services (para 42).
Protection of Children: The Committee is concerned, despite the efforts made by the State party, at the very low level of birth registration, which has an adverse consequence on children. It is also concerned at the very high number of children engaged in labour under hazardous and slavery-like conditions, particularly in the brick kiln industry and domestic settings, and the insufficient labour inspections of child labour. It is also concerned that perpetrators are rarely brought to justice and victims do not receive adequate assistance and rehabilitation services (arts. 2, 6, 7, 8, 24, 26) (para. 43).
The State party should intensify its efforts to ensure all children are registered at birth and to identify children whose birth has not been registered and children without identity documents and register them; and raise awareness on the importance of birth registration. It should also take all measures necessary to put an end to child labour through rigorously enforcing the laws on child labour and strengthening labour inspection mechanisms (para. 44).
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UN Committee on Economic, Social and Cultural Rights
E/C.12/PAK/CO/1
Last reported: 4 February 2016
Concluding observations issued: 23 June 2017
Positive aspects:
The Committee welcomes the ratification by the State party of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, in 2016, and the Optional Protocol to the Convention on the Rights of the Child on the sale of children child prostitution and child pornography, in 2011 (para. 3).
Issues raised
Internally displaced persons: The Committee is concerned that millions of people are displaced in the State party and that there is no sufficient data collection, nor has legislation or comprehensive national policy on internally displaced persons (IDPs) been put in place. It is also concerned at the hardships faced by persons living in IDP camps, particularly in protracted displacement; the high risk of women and girls being exposed to sexual abuse, harassment and trafficking; and the slow resettlement process (arts. 2 and 11) (para. 27).
The Committee recommends that State party should protect women and girls from sexual abuse, harassment and trafficking, and investigate such cases, bring perpetrators to justice, and provide necessary assistance to victims (para. 28).
Child marriage: The Committee is concerned that the minimum age for marriage for girls varies across provinces and some provinces have it set at 16 years for girls (arts. 3 and 10) (para. 55).
The Committee recommends that the State party intensify its efforts to adopt legislation prohibiting all marriages of persons below 18 years of age for girls and boys, in line with the Covenant and other international human rights conventions (para. 56).
Forced conversion and forced marriage: The Committee is concerned that the practice of forced conversion of non-Muslim women and forced marriage continue. It is particularly concerned that the proposed amendment to the 1929 Child Marriage Restraint Act was declared un-Islamic by the Council of Islamic Ideology and that efforts to enact a law to prevent forced conversion were also blocked by the Council (arts. 3 and 10) (para. 57).
The Committee recommends that the State Party prohibit the forced conversion of a person from his/her belief without his/her consent. (para. 58).
Domestic Violence: The Committee is concerned that, despite many efforts made by the State party, various forms of violence against women, including the practice of so-called honour killing, acid attacks and gang rapes, continue to occur. It is also concerned at the very low level of reporting of domestic violence and other forms of violence against women and the very small number of shelters for victims of such violence (arts. 3 and 10) (para. 59).
The Committee recommends that the State party intensify its efforts to effectively enforce the Anti-Honour Killings Laws and all other relevant laws criminalizing violence against women and monitor the enforcement; promptly investigate cases of violence against women and punish the perpetrators with penalties commensurate with the gravity of the offences; ensure that women and girls are aware of their rights under the Covenant and that victims of domestic violence and other forms of violence can freely report their cases to the police and are treated with respect; and that victims get all necessary legal, medical, financial and psychological support, including through establishing sufficient numbers of counselling centres and shelters throughout the State party (para. 60).
Birth registration: the Committee is concerned at the very low level of birth registration and often delayed registration, particularly in Balochistan, which seriously limits persons without birth certificates from enjoying their economic, social and cultural rights (art. 10) (para. 61).
The Committee recommends that the State party take all effective measures to ensure that all children are registered at their birth, and step up its efforts to register adults without a birth certificate (para. 62).
Economic exploitation of children: The Committee is concerned that the minimum age for labour is set at 14 years while the Constitution guarantees free compulsory education up to 16 years of age. It is also concerned that, according to official data, over 2 million children aged between 10 and 14 years old are working and 28 percent of them are engaged in hazardous work, and that most of these children are out of school. It is further concerned at the conditions of child workers, working mainly in agriculture, brick kilns, coal mining and in the street and domestic settings and the high risk which these children face of exposure to sexual and economic exploitation (art. 7, 10, 13 and 14) (para. 63).
The Committee recommends that the State party: Strengthen its legislation prohibiting child labour and its enforcement including though enhancing labour inspections on child labour; Ensure that persons who exploit child labour are prosecuted and punished; Adopt all appropriate measures to facilitate recovery of the children at work and their access to educational opportunities and provide adequate support to their families; Undertake a national survey on the nature and extent of child labour (para. 64).
Right to adequate food and nutrition: The Committee is concerned that around 58 percent of households are food insecure and nearly 30 percent of the population are suffering from hunger. While welcoming the Infant and Young Child Feeding Strategy, it remains concerned at the insufficient implementation of the strategy owing to the lack of funding. It is particularly concerned that 44 percent of children are stunted and 35 percent of child deaths are related to malnutrition (para. 69).
The Committee recommends that the State party take all steps necessary to address persisting acute hunger and malnutrition and, in particular, the critical nutritional needs of infants and children. It also recommends that the State party allocate sufficient resources for the full implementation of the Infant and Young Children Feeding Strategy; and adopt framework legislation protecting the right to adequate food and nutrition, and a national action plan on food security and nutrition in line with the Committee’s general comment No. 12 on the right to adequate food (1999) and the 2004 Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security (para. 70).
Right to education: The Committee welcomes the inclusion of the right to education in Chapter 1 (fundamental rights) of the Constitution and notes the internal security challenges facing the State party, which has a significant adverse impact on children’s right to education. The Committee, is, however, concerned at: The very low net enrolment rates at all levels of education, including pre-school, primary and secondary levels, with large disparities between girls and boys, children in urban and rural areas, and children from high-income and low-income families; The high number of out-of-school children and adolescents, despite a decreasing trend in recent years; The low level of education outcomes; Inadequate school facilities; The poor quality of education due to the lack of qualified teachers and their absenteeism as well as lack of suitable learning materials, such as textbooks, in public schools in rural and urban slum areas; The increased and very high adult illiteracy rate (from 54 percent in 2008 to 57 percent in 2015), particularly among women; The absence of inclusive education for children with disabilities; The continuing terrorist attacks on students, teachers and schools and the use of schools by the military, particularly in the Federally Administered Tribal Areas and Balochistan (arts. 13 and 14) (para. 79).
The Committee recommends that the State party intensify its efforts to ensure that all children enjoy, without discrimination, the right to education, which will empower children, particularly those disadvantaged and marginalized, to lift themselves out of poverty and obtain the means to participate fully in their communities and national life. It also recommends that State party take all measures necessary to: Increase the enrolment rates at all levels of education, particularly the primary level, with special attention to girls, children living in rural areas and children from low-income families; Reduce the number of out-of-school children, including through coordination with policies on child labour; Improve educational outcomes; Improve school facilities, particularly water, sanitation facilities and electricity; Secure a sufficient number of qualified teachers and improve learning materials in quantity and quality; Increase educational programmes appropriate and adequate to the needs of illiterate adults, paying special attention to women; Develop a legislative and policy framework on inclusive education for children with disabilities and provide such education; Enhance security at schools; provide an alternative space for education in case of an attack; and immediately and completely ban the use of schools by military forces. The Committee invites the State to endorse the “Safe School Declaration”, and commit to using the “Guidelines for Protecting Schools and Universities from Military Use in Armed Conflict” (para. 80).
The Committee notes that the State party is conducting the Basic Education Community Schools Programme (BECS) and that under this programme the number of so-called “low-fee” private schools has been drastically increasing throughout the country in the form of public-private partnership initiatives. It also notes the information provided by the State party that the cost-benefit ratio of BECS projects is higher than that of formal primary schools of the government. The Committee, however, is concerned at: The absence of proper assessments of the impact of the BECS and the public-private partnership initiatives on the right to education prior to their adoption as well as of their effectiveness in realizing the right to education since their adoption;The lack of effective regulation by the State party, at federal and provincial levels, of these low-fee private schools; The reportedly poor quality of education and teachers of these schools; The very high non-fee expenses of these schools, amounting to about a quarter of household income per student, which disproportionately impedes girls’ access to education;The reinforcement of the social segregation in education by this privatization of education, in which high income families send their children to high quality private schools, while low income families have to send their children to underfunded public primary schools or to BECS schools not properly monitored by the State party (arts. 13 and 14) (para. 81).
The Committee recalls the State party that before starting a privatization process, a thorough human rights impact assessment would be necessary to live up to their legal obligation to progressively realize the right to education. The Committee recommends that the State party: Carry out an assessment of the impact of public-private partnership initiatives based on a human rights perspective and the effectiveness of low-fee private schools in meeting the State party’s obligation under the Covenant; Strengthen the regulations on these schools and ensure their strict enforcement; Improve the quality of education provided by these schools; Ensure that no children drop out of school for not being able to pay the non-fee expenses;Progressively eliminate social segregation in the education system by ensuring an education of equal quality to all children in all public and private schools (para. 82).
Human rights education: The Committee notes the contribution that madrassas have at times made to enhance access to education, particularly for the disadvantaged and marginalized children, and the efforts made by the State party to close down a number of radical madrassas and to regulate the remaining ones. The Committee is, however, concerned at repeated reports that the curricula of some madrassas do not provide any education other than Koran and have content that may incite hatred against religious and ethnic minorities. It is also concerned that some textbooks and curricula for Sindh and Punjab contain stereotyped images of religious and ethnic minorities (arts. 13 and 14) (para. 83).
The Committee recommends that the State party monitor school curricula and textbooks, as well as practices in schools, at all levels, including in madrassas, to ensure that they promote the full development of the human personality of students. It also recommends that the State party intensify its efforts to reform madrassas. It further recommends that the State party incorporate human rights education in school curricula with a view to strengthening the respect for human rights and fundamental freedoms. Furthermore, it recommends that the State party take appropriate measures to raise awareness of the public on human rights and, particularly of religious leaders on human rights and their role to promote the understanding, tolerance and peaceful co-existence among different ethnic and religious groups (para. 84).
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CAT/C/PAK/CO/1
Adopted by Committee: 18-19 April 2017
Published: 4 May 2017
Issues Raised:
Ratification:
The Committee welcomes the ratification by the State party of the following international human rights instruments: The Optional Protocols to the Convention on the Rights of the Child, on the sale of children, child prostitution and child pornography, in 2011, and on the involvement of children in armed conflict (para. 4)
Detention:
The Committee is seriously concerned about reports that cases of death in custody due to torture and allegations of sexual abuse of minor prisoners by prisoners and prison staff have not been subject to effective investigations and perpetrators of such acts have not been punished. It is also concerned about reports that 70% of the prison population consists of pre-trial detainees and at reports that juvenile prisoners are kept together with adults (para. 28).
The State party should ensure that pre-trial detainees are held separately from convicts, women from men and minors from adults; and that allegations of sexual abuse are duly investigated and as appropriate prosecuted and punished (para. 29).
Juvenile Justice:
The Committee is concerned about the execution of individuals who allegedly were minors at the time of the offense, in breach of international and domestic prohibitions. While noting the possibility of minors to challenge their age determination in court, the Committee is concerned about the reported lack of an adequate mechanism to determine the age of juvenile offenders that is in line with due process and fair trial standards (para. 40).
The State party should ensure the existence of effective mechanisms for appealing age determination decisions in a timely manner. The Committee also recommends that the State party increase its efforts to ensure that any minor accused of a crime receives independent and effective legal counsel (para. 41).
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/PAK/CO/4
Last reported: 12 February 2013
Concluding Observations issued: 27 March 2013
Issues raised:
Armed conflict: The Committee is concerned about the escalation of violent threats and attacks by non-State actors and military counter-operations in the State party, including in the Federally Administered Tribal Areas and the Khyber-Pakhtunkhwa andBalochistanProvinces, and the negative impact of this situation on women and girls, who have consistently been the prime target of such threats and attacks. It is also concerned about the increasing number of targeted killings and attacks on women human rights defenders. It is deeply concerned at the widespread illicit trade and sale of small arms and their use against women and about the failure of the State party to comply with its due diligence obligation, under article 2 of the Convention, to prevent, investigate, prosecute and punish such acts of gender-based violence. (Paragraph 13).
14. The Committee urges the State party to comply with due diligence obligations under article 2 of the Convention, to:
(a) Prevent, investigate and punish gender-based violence by non-State actors in conflict-affected areas, including by adopting specific investigative procedures, gender-sensitive training and codes of conduct for police, military, lawyers, magistrates, psychologists and health professionals, as well as institute measures to increase access to justice that are responsive to the needs of victims of gender-based violence and provide adequate reparation to affected women and girls;
(b) Ensure prevention and protection measures responsive to the timing and location of increased violence;
(c) Conduct without delay an assessment of the impact of the conflict situation in the State party on women and girls and develop a comprehensive strategy for victims of gender-based violence, in line with Security Council resolution 1325 (2000) and the Convention;
(d) Enact legislation strictly regulating the trade, sale and possession of small arms, and sanction violations thereof severely;
(e) Adopt comprehensive measures to ensure the safety and protection of women human rights defenders and mobilize adequate resources to address the specific risks and security needs of women’s rights defenders and of all personnel working on women’s rights and gender issues;
(f) Invest in technical expertise and resources to enable more age-responsive programming to detect and address the distinct needs of women and girls.
Stereotypes, harmful practices and violence against women: The Committee is concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes concerning women’s roles and responsibilities that discriminate against women and perpetuate their subordination within the family and society, all of which have recently been exacerbated by the influence of non-State actors in the State party. It expresses serious concern about the persistence, among others, of child and forced marriages, “karo-kari”, stove burning and acid throwing, marriage to the Koran, polygamy and honour killing. It is concerned that despite the provisions in the Criminal Law (Amendment) Act of 2004 that criminalize offenses in the name of so-called honour, the Qisas and Diyat ordinances continue to be applied in these cases, resulting in perpetrators being given legal concessions and/or being pardoned and not being prosecuted and punished. The Committee expresses its concern at the high prevalence of domestic violence and marital rape and at the absence of clear legislation criminalizing such acts. It is also concerned about the paucity of information about the implementation of the standard operating procedures on the treatment of women victims of violence and at the scarce number of shelters for victims. It is further concerned at the inconsistencies in the collection of data on violence against women and about reports on the wide circulation of small arms and its impact on women’s security. (Paragraph 21).
22. In line with its general recommendation No. 19 (1992) on violence against women, the Committee calls upon the State party:
(a) To ensure the proper implementation of the Prevention of Anti-Women Practices Act of 2011 and other relevant legislation, ensure uniformity in the application of the law and repeal the provisions of the Qisas and Diyat ordinances which discriminate against women;
(b) To address shortcomings in the Criminal Law (Amendment) Act of 2004 and repeal all provisions under which perpetrators of so-called honour crimes are allowed to negotiate pardon with victims’ families;
(c) To strengthen support services for victims of violence, such as counselling and rehabilitation services, both medical and psychological; increase the number of shelters to ensure the implementation of the standard operating procedures for the treatment of victims in all provinces;
(d) To adopt a comprehensive strategy to eliminate all harmful practices and stereotypes, in conformity with article 2, and specifically 2 (f), and article 5 (a) of the Convention, which includes awareness-raising efforts targeting the general public and the media, religious and community leaders, in collaboration with civil society and women’s organizations;
(e) To ensure a robust and effective regulation of the arms trade as well as appropriate control over the circulation of existing and often illicit arms, in order to enhance the security of women and girls;
(f) To take appropriate measures to ensure the collection of disaggregated data on all forms of violence against women, including domestic violence, by the Gender Crime Cell.
Trafficking and exploitation of prostitution: The Committee is concerned at reports indicating that children, in particular girls who are internally trafficked, are subject to bonded labour, domestic servitude and child marriages. It is also concerned at the lack of statistical data and information about the extent of the exploitation of women and girls for the purpose of prostitution.(Paragraph 23).
24. The Committee urges the State party:
(a) To conduct research on the prevalence of internal and international trafficking, including its scope, extent, causes, consequences and purposes, as well as its potential link with bonded labour, domestic servitude and child marriage;
(b) To develop and implement a national comprehensive plan on internal and international trafficking in persons based on the findings of the research, with a result-oriented approach, including specific indicators and targets, in line with the Convention;
(c) To strengthen mechanisms for the investigation, prosecution and punishment of trafficking offenders and support services for victims;
(d) To conduct nationwide awareness-raising campaigns on the risks and consequences of trafficking targeted at women and girls, and provide systematic training to all relevant law enforcement officials on its causes and consequences;
(e) To adopt measures for the rehabilitation and social integration of victims of forced prostitution;
(f) To ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol).
Education: The Committee is concerned at the pervasive gender inequality in the field of education, which is characterized by a high illiteracy rate among women, the low enrolment of girls, particularly at the secondary level, and their high dropout rate, especially in the rural areas. It is further concerned about the negative impact on girls of prioritization of boys’ education over that of girls, the lack of qualified female teachers and school infrastructure, and the long distances to school, all of which have a negative impact on girls’ education. It is also concerned at the lack of measures to readmit girls to school after pregnancy and the high number of child marriages in the State party. It expresses its deep concern at reports of ongoing violent attacks and public threats against female students, teachers and professors by various non-State actors, as well as the escalating number of attacks on educational institutions, in particular a large number of girls-only schools, which has disproportionately affected the access of women and girls to education. The Committee expresses its deep concern at recent attacks on school buses targeting children, including girls. (Paragraph 27).
28. The Committee recommends that the State party ensure that, at the national and provincial levels, coordinated and consistent measures are taken to:
(a) Improve the literacy rate of women and girls, reduce and prevent dropouts among girls, especially at the secondary level, formulate re-entry policies enabling young women to return to school after pregnancy, and organize programmes for girls affected by conflict who leave school/university prematurely;
(b) Improve the quality of education by providing all teachers with systematic and gender-sensitive training and by conducting a revision of the curriculum and textbooks to remove gender stereotypes;
(c) Take the necessary measures to prevent the occurrence of attacks and threats against educational institutions which undermine the fundamental rights of women and girls, in particular, the right to education, and to ensure that perpetrators of such acts of violence are promptly investigated, prosecuted and punished;
(d) Consider the establishment of a rapid response system whenever there are attacks on educational institutions, in order to promptly repair and rebuild them and replace educational materials so that women and girls can be reintegrated into schools/universities as soon as possible.
Displacement: The Committee notes the response of the State party with regard to the assistance provided to internally displaced persons due to natural disasters or terrorist activities by non-State actors. It also notes that the State party has hosted one of the world’s largest refugee populations for over 30 years. However, it is concerned at the lack of a national legal framework on refugees and a gender-sensitive approach to address the specific needs and risks of internally displaced and refugee, as well as undocumented, women and girls. It is further concerned at the partial implementation by the State party of the Management and Repatriation Strategy for Afghan Refugees inPakistanof 2010, which negatively affects, among others, Afghan refugee women who are heads of household. Paragraph 35.
36. The Committee urges the State party:
(a) To ensure that adequate protection and assistance is provided for internally displaced women and girls consistent with the Guiding Principles on Internal Displacement;
(b) To implement all components of the Management and Repatriation Strategy for Afghan Refugees in Pakistan, with the view to develop sustainable solutions for refugees in situations of vulnerability, such as women heads of household;
(c) To adopt measures for the protection of victims and the prevention and punishment of gender-based violence in refugee and internally-displaced-persons camps or settlements;
(d) To ensure that refugee and internally displaced women and girls have adequate access to health services, education, food, shelter, free movement and opportunities to secure justice and durable solutions;
(e) To accede to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto, and the 1961 Convention on the Reduction of Statelessness, with the aim to develop a national legislative framework to strengthen the protection of refugees, asylum seekers and stateless persons;
Child marriage: The Committee is concerned about the existence of multiple legal systems with regard to marriage and family relations in the State party and its discriminatory impact on women. It is concerned about the current status of Hindu and Christian laws on marriage and divorce and the fact that under Muslim law women have unequal rights with respect to inheritance, the dissolution of marriage and its economic consequences, and the guardianship of children. It is concerned about the persistence of child and forced marriages and at the fact that the minimum age of marriage for girls is 16. It is deeply concerned about the abduction of women and girls belonging to religious minorities for the purpose of forced conversion and forced marriages. It is also concerned that polygamy is permitted under certain circumstances. The Committee also notes with concern that property relations are governed by a regime of separate property, which often discriminates against women. (Paragraph 37).
38. The Committee recalls article 16 of the Convention and calls on the State party:
(a) To adopt the Hindu Marriage Bill, the Christian Marriage (Amendment) Bill and the Christian Divorce Amendment Bill;
(b) To revise the Dissolution of Muslim Marriages Act (1939) with the aim to repeal discriminatory provisions against women; and to amend the relevant legislation to raise the minimum age of marriage for girls to 18;
(CEDAW/C/PAK/CO/3)
Last reported: 22 May 2007
Concluding Observations published: 11 June 2007
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Domestic violence and 'honour' related crimes. The Committee notes with concern that violence against women and girls persists, including domestic violence, rape and crimes committed in the name of honour. The Committee is especially concerned about the Qisas and Diyat law, which allows for the victim of violence or his/her heir to determine whether to exact retribution (Qisas) or payment of compensation (Diyat) or to pardon the accused, thus providing impunity for perpetrators of violence against women, especially perpetrators of crimes committed in the name of honour. The Committee notes with concern the lack of data on all forms of violence against women in the report. (para 22)
The Committee urges the State to accord priority attention to the adoption of a comprehensive approach to address all forms of violence against women and girls, taking into account the Committee's general recommendation 19 on violence against women. The Committee calls on the State to ensure that the Qisas and Diyat law has no application in cases of violence against women, especially crimes committed in the name of honour, and to adopt the Bill on Domestic Violence, within a clear time frame, in order to ensure that women and girls who are victims of violence have access to protection and effective redress and that perpetrators of such acts are effectively prosecuted and punished. The Committee also recommends gender-sensitive training on violence against women for public officials, in particular law enforcement personnel, the judiciary and health service providers, to ensure they are sensitised to all forms of violence against women and can adequately respond to it. The Committee also calls on the State to include, in its next report, data on all forms of violence against women disaggregated by rural and urban areas. (para 23)
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Cultural stereotypes of women and girls and misinterpretation of Islam by non-state actors. The Committee expresses deep concern about pervasive patriarchal attitudes and deep-rooted traditional and cultural stereotypes regarding the roles and responsibilities of women and men in the family, in the workplace and in society, which constitute serious obstacles to women's enjoyment of their human rights and impede the full implementation of the Convention. The Committee is also concerned that prevailing trends of fundamentalism, intimidation and violence incited by non-State actors, including through illegal media, are seriously undermining women's enjoyment of their human rights in the name of religion. (para 28)
The Committee urges the State to increase its efforts to design and implement comprehensive awareness-raising programmes to foster a better understanding of and support for equality between women and men at all levels of society. Such efforts should aim at modifying stereotypical attitudes and traditional norms about the responsibilities and roles of women and men in the family, the workplace and in society, as required under articles 2 (f) and 5 (a) of the Convention, and to strengthen societal support for equality between women and men. The Committee also calls on the State to take prompt action to counteract the influence of non-State actors, which, through the misinterpretation of Islam and the use of intimidation and violence, are undermining the enjoyment by women and girls of their human rights. (para 29)
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Trafficking of women and girls. The Committee remains concerned that Pakistan is a country of origin, transit and destination for trafficked women and girls. The Committee is further concerned that the Prevention and Control of Human Trafficking Ordinance of 2002 does not adequately address the needs of women and girls who are victims of trafficking, nor does it shield them from prosecution for illegal migration. (para 30)
The Committee calls upon the State to amend the Prevention and Control of Human Trafficking Ordinance of 2002 in order to ensure that the human rights of women and girls who are victims of trafficking are protected. The Committee encourages the State to ratify the United Nations Convention against Transnational Organized Crime and its Supplementary Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It urges the State to collect and analyse data on trafficking and increase its efforts to prosecute and punish traffickers. It also recommends that the State take measures for the rehabilitation and social integration of women and girls who are victims of trafficking. (para 31)
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Girls and education. The Committee is concerned about the high illiteracy rate of women, the low enrolment of girls in schools and their high dropout rate, especially in rural areas. The Committee is further concerned at the persistence of gender-based segregation in educational fields and its consequences for women's professional opportunities. The Committee is also concerned about the persistence of stereotypes in school curricula and textbooks. (para 36)
The Committee calls upon the State to place high priority on the reduction of the illiteracy rate of women, in particular those who are from rural areas. The Committee urges the State to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and a basis for the empowerment of women. It encourages the State to take steps to overcome traditional attitudes that constitute obstacles to girls' and women's education and recommends that the State implement measures to ensure equal access of girls and women to all levels of education and the retaining of girls in school. It further recommends that women be actively encouraged to diversify educational and professional choices. It requested the State to undertake a comprehensive review of educational curricula and textbooks to eliminate gender stereotypes and to introduce gender sensitisation training for teachers. (para 37)
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Minimum age of marriage. The Committee expresses concern that under the Child Marriage Restraint Act of 1929 the minimum age for marriage for boys is 18 years and for girls 16 years. The Committee is further concerned about the persistence of forced and early marriage. (para 44)
The Committee urges the State to amend the Dissolution of Muslim Marriage Act of 1939 to eliminate all discriminatory provisions, including with regard to raising the minimum legal age of marriage for girls to 18 years in order to bring it into line with article 1 of the Convention on the Rights of the Child, article 16, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women and its general recommendation 21 on equality in marriage and family relations. It also requests the implementation of measures to eliminate forced marriages. (para 45)
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Education in rural areas. The Committee is especially concerned about the situation of women in rural areas, who often lack access to health care, education, clean water and sanitation services and to the means and opportunities for economic survival, including access to land. (para 42)
The Committee urges the State party to pay special attention to the needs of rural women, ensuring that they are empowered in participating in decision making processes and have access to health care, education, clean water and sanitation services and the means and opportunities for economic survival, including access to land. (para 43)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/PAK/CO/21-23
Observations published: 26 August 2016
Legislative background: The Committee welcomes the ratification of The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2011 (para 4).
The scheduled castes (Dalits): The Committee notes the State party’s statement that it does not recognize any discrimination among individuals on the basis of their belonging to a specific caste. It is however, concerned that the de facto existence of the scheduled castes (Dalits) and discrimination against them, particularly in the area of employment and education continue. The Committee is deeply concerned at the repeated reports on abduction of Dalit women and girls for the purpose of forced conversion to Islam and forced marriage. It regrets the lack of detailed information and data on the situation of Dalits in the State party (para 31).
Recalling its general recommendation No. 29 (2002) on article 1 of the Convention (Descent), the Committee recommends that the State party take measures necessary to end discrimination against Dalits, particularly in accessing employment and education. It urges the State party to take immediate action to end the forced conversion and forced marriage of Christian and Hindu Dalit women and to prosecute and punish the abductors with penalties commensurate with the gravity of the crime. It requests the State party to include information on the situation of Dalit in the country, including relevant statistical data, in its next periodic report to the Committee (para 32).
(CERD/C/PAK/CO/20)
Last reported: 19 and 20 February 2009
Concluding Observations adopted: 4 March 2009
Minority languages: The Committee expresses its concern that minority languages may not be used in the educational system to an extent commensurate to the proportion of the different ethnic communities represented in the student body. (art. 5 (e) (vii))
The Committee recommends that the State should aim to preserve minorities' languages and culture by, inter alia, encouraging and promoting the use of mother tongues in the fields of education and in the media. It invites the State to include, in its next periodic report, detailed information regarding the use of ethnic minority languages. (para 22)
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UN Committee on Migrant Workers
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UN Committee on the Rights of Persons with Disabilities
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