2.2 International Legal Framework: Key Treaties Relevant to Police

Module 2.2

International Legal Framework

Pakistan is a State Party to a number of international human rights treaties that contain provisions relevant to the protection, survival, development and participation of children. These treaties collectively establish international standards that influence Pakistan’s constitutional framework, legislation, policies and institutional practices relating to children.

2.2.1 Key Treaties Relevant to Child Protection

The most significant international human rights treaties ratified by Pakistan that are relevant to children include:

Treaty	Ratification by Pakistan
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	1966
UN Convention on the Rights of the Child (UNCRC)	1990
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	1996
ILO Convention No. 182 (Worst Forms of Child Labour Convention)	2001
ILO Convention No. 138 (Minimum Age Convention)	2006
International Covenant on Economic, Social and Cultural Rights (ICESCR)	2008
International Covenant on Civil and Political Rights (ICCPR)	2010
Convention Against Torture (CAT)	2010
Convention on the Rights of Persons with Disabilities (CRPD)	2011
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography	2011
Optional Protocol on the Involvement of Children in Armed Conflict	2016

2.2.2 Child-Specific International Instruments Most Relevant to Police Practice

While all human rights treaties contribute to the protection of children, police officers are most likely to encounter and apply the principles contained in the following child-focused instruments:

United Nations Convention on the Rights of the Child (UNCRC), 1989
The primary international treaty on children’s rights, setting out principles of non-discrimination, best interests of the child, protection from violence, participation, survival and development, and child-friendly justice.
Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000
Requires States to criminalise and combat the sale of children, child sexual exploitation, child prostitution and child sexual abuse material, and to ensure protection, recovery and support for child victims.
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, 2000
Requires States to protect children from recruitment and use in armed conflict and to provide appropriate assistance for the recovery and reintegration of affected children.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), 1985
Establish standards for dealing with children in conflict with the law, emphasising diversion, proportionality, rehabilitation, and specialised child-sensitive handling throughout the justice process.
United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines), 1990
Promote prevention over punishment, encouraging social, family, educational and community-based responses that support positive child development and reduce the risk of offending behaviour.
United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules), 1990
Set minimum standards for the humane treatment of children deprived of liberty, including separation from adults, dignity, safety, education, health care, family contact and independent oversight.
ILO Convention No. 138 (Minimum Age Convention), 1973
Establishes minimum age standards for employment and requires States to prevent child labour that interferes with education, health, safety or the child’s development.
ILO Convention No. 182 (Worst Forms of Child Labour Convention), 1999
Requires immediate action to eliminate the worst forms of child labour, including hazardous work, trafficking, slavery-like practices, sexual exploitation, forced labour and the use of children in illicit or criminal activities.

Important Note

International treaties do not replace national or provincial laws. Instead, they:

Set minimum standardsfor how children must be treated
Guide interpretation and applicationof national laws
Influence court decisionsand accountability of police actions
Require police to prioritise protection, dignity, and rehabilitation

2.2.3 Guiding Principles from International Law Relevant to Policing

Across all international instruments, the following principles consistently apply to police work:

Children are rights-holders, not objects of control or punishment
Protection takes precedence over punishment
Detention must be a last resortand for the shortest possible period
Non-discriminationapplies to all children, including undocumented or marginalised children
Child-friendly proceduresmust be used in policing and justice processes

UN Convention on the Rights of the Child, 1989

What Police Should Remember?

Pakistan ratified the UNCRC in 1990. The Convention sets out international child rights standards that guide law, policy and practice. In Pakistan, these standards are applied through the Constitution, national and provincial laws, court decisions, policies and institutional procedures.

UNCRC Article / Principle	Meaning for Police Practice
Article 1 – Definition of a Child	A child means every human being below the age of 18 years, unless majority is attained earlier under applicable law. For police practice, any person under 18 should be treated as a child.
Article 2 – Non-Discrimination	Every child must be protected without discrimination of any kind. Police must act without bias based on gender, caste, religion, disability, documentation status, family background or social status.
Article 3 – Best Interests of the Child	In all actions concerning children, the best interests of the child shall be a primary consideration. For police, this means choosing the course of action that best protects the child’s safety, dignity, rights and development.
Article 6 – Life, Survival and Development	Every child has the inherent right to life, and States must ensure survival and development to the maximum extent possible. Police must act promptly where a child’s life, safety or development is at risk.
Article 12 – Right to Be Heard	A child capable of forming views has the right to express those views freely in matters affecting them. Police must listen respectfully and give due weight to the child’s views, according to age and maturity.
Article 19 – Protection from Violence	Children must be protected from all forms of physical or mental violence, injury or abuse, neglect, maltreatment or exploitation. Police must identify risk, prevent further harm and respond lawfully.
Article 34, 35 and 36 – Protection from Exploitation	Children must be protected from sexual exploitation, abduction, sale, trafficking and other forms of exploitation. Police must recognise such cases as child protection matters requiring prompt and sensitive action.
Article 16 – Privacy, Honour and Reputation	No child should be subjected to unlawful interference with privacy, family, home or correspondence, or unlawful attacks on honour and reputation. Police must protect the child’s identity, privacy and dignity during all procedures.