PACTA SUNT SERVANDA: EVALUATING PAKISTAN’S REPORTINGON CHILD SEXUAL ABUSE WITHIN THE CONVENTION ON THERIGHTS OF THE CHILD FRAMEWORK

Abstract

This article critically assesses the extent to which Pakistan has complied with the Convention
on the Rights of the Child (CRC) and focuses on the principle of pacta sunt servanda, which
advocates thorough and faithful performance of the covenants entered by a party. The article’s
focus is on the measures that have been established under the provision of the CRC by Pakistan
to protect children from sexual abuse. However, the contention remains whether Pakistan as a
member of CRC effectively utilizes the legislature in the course of protecting a child from
sexual abuse under CRC. The recommendations of this article entail a firm comparison
between the provisions of the legislation of Pakistan and those of CRC regarding the protection
of children from sexual abuse. This article assesses the reports prepared by Pakistan on CRC
requirements and submitted periodically to the CRC Committee. This article seeks to establish
to what extent these reports show Pakistan in abidance with Pacta sunt servanda as well as the
principles of the CRC encompassing the protection of children from sexual abuse. The
concluding observations of the CRC Committee in case of consideration of the country reports
of Pakistan are explained in detail to decipher the legal nakedness and the lack of enforcement
approach to child sexual abuse in the country. The conclusions of this article draw this
realization that it is high time that the country enhances its laws that would align with the
international obligations of Pakistan under the CRC.