s we mark Universal Children’s Day on 20th November under the theme Listen to the Future it is crucial to revisit the commitments Pakistan made nearly thirty-five years ago when it ratified the United Nations Convention on the Rights of the Child. In 2016, the UN Committee on the Rights of the Child reminded Pakistan of its ongoing responsibility to uphold children’s rights across all provinces and territories, emphasising that the state must ensure sufficient coordination, authority and resources to protect children under the CRC. In many respects, children’s rights remain under-prioritised. Significant gaps in protection persist. The situation calls for stronger implementation of existing laws and policies to uphold the dignity, safety and welfare of every child in Pakistan.
Over time, there has been some legislative progress on children’s issues, most notably the promulgation of the Juvenile Justice System Act of 2018. This law aims to improve justice and protection for children in conflict with the law, prioritising their best interests and promoting restorative justice practices. The JJSA has helped reshape societal perceptions of children involved in the justice system, setting a precedent for treating minors with respect and dignity. However, significant challenges remain in implementing the JJSA consistently across provinces, limiting its full impact on children’s rights and welfare.
The CRC’s mandate is clear: children involved with the juvenile justice system must be treated with care, respect and an understanding of their unique vulnerabilities. Pakistan’s juvenile justice system lacks essential resources to fully protect minors from violence, abuse and exploitation. Too often, police practices during the initial contact with a child in conflict with the law expose minors to unnecessary risks.
Sound legislative frameworks are fundamental to protecting children’s rights, but laws alone cannot achieve meaningful child protection. Comprehensive, effective training for justice actors – police officers, prosecutors, judges, probation officers and social workers – is essential to ensure child-friendly judicial processes. This training should include child-sensitive communication skills and practices in restorative justice, empowering justice professionals to prioritise the child’s best interests in all proceedings. Clear guidelines and standard operating procedures may enhance consistency in implementing child-centred approaches.
Children’s rights remain under-prioritised. Significant gaps in protection persist. The situation calls for stronger implementation of existing laws and policies to uphold the dignity, safety and welfare of every child in Pakistan.
The juvenile justice system in Pakistan suffers from significant gaps in implementation. Dedicated juvenile courts are scarce. Free legal aid services, a critical need for minors involved in legal processes, are unavailable in many regions. This limits access to fair representation. Additionally, jurisdictional ambiguities hinder smooth operations. Probation officers, intended to play an active role in supporting juvenile rehabilitation, are often inactive or underutilised. Observation homes, aimed to provide secure environments for children during investigations, are yet to be established. This leaves minors without adequate protection during investigation proceedings. Similarly, rehabilitation centres, mandated by law to support the reintegration of children in society through proper education, skills and counselling, don’t exist. The system of diversion, crucial for redirecting minors involved in minor offences away from formal prosecution, is also underdeveloped.
Confusion arose with amendments introduced in the Juvenile Justice System Act in 2022 as the responsibility for establishing and certifying observation homes and juvenile rehabilitation centres was shifted from “Government” to “Interior Division” through Section 20. This change complicates implementation, as the mandate to establish, oversee and manage these facilities typically falls under provincial governments. With this shift to the Interior Division, questions arise regarding how these centres will be effectively certified and managed across provincial jurisdictions.
Child protection extends beyond legal frameworks; it requires a holistic approach that addresses the underlying causes of risks to children’s well-being. A robust child protection system aims to reduce risks, restore hope and provide a dignified life for children affected by abuse, neglect, exploitation or re-victimisation. This system must include provisions for rehabilitation, safe re-integration into society, and preventive mechanisms to protect vulnerable children proactively.
The National Commission on the Rights of Children, established under the National Commission on the Rights of Children Act of 2017, has a pivotal role in monitoring and advocating for children’s rights in Pakistan. While the commission has taken significant strides to address issues of children rights, it operates within resource limitations and requires stronger support from the state.
Listen to the Future is a powerful reminder that the children today will shape the society tomorrow. Pakistan’s path forward should prioritise investing in children’s rights and implementing the CRC more effectively. The government and other stakeholders must embrace children as active participants in the society, not just beneficiaries of protection. Universal Children’s Day is a timely call for all of us to renew our commitment to listening to the voices of our future. Children’s rights should not merely be aspirations but rather enforceable standards that ensure dignity, protection and equity for every child in Pakistan.
The writer is a law practitioner in Lahore. He tweets as @miqdadnaqvi
