1.

Title

Subject Child Abuse

Name Adeeba Atif
Institution Superior University {Law Campus}
Name of Supervisor Dr.C.M.Afzal Javaid

2. Abstract

January 2018,uncovered,bruttely raped,marks of torture on her body,toung was crushed

between her teeth ,this dead body of zainab on the pile of garbage is not even the corpse
of 7 year girl from Kasur but that was the proof of venality.mercenariness and
apathetical behavior of the society.

In QURAN Pak,Surah AT-TIN,Para 30,ALLAH ALMIGHTY say, “Verily,We created

man of the best stature(mold)” ALLAH declared the mankind as (Asharaf-ul-
makhloqat)superior among all the creature of ALLAH.After watching this,the culprit
Imran Ali killed almost 11 young girls before zainab after rape.I feel ashamed being
called superior creature of Allah.

I will not discuss the circumstances in which the criminals do such kind of crimes
because as far as I believe crime is un-justified.There could not be any fact or condition
which is sufficient reason for any offense.and specifically child abuse is serious violation
of human laws,an offence against morals. But I ill defiantly try to find how a human
becomes a wild beast.
In this thesis I will discuss these factors,

 The first Chapter provides the overall research aim.

 The second chapter will analyze research methodology
 The third chapter will describe history of declaration of human rights,specifically on
child abuse.
 Fourth chapter, I will examine the purpose of the Universal declaration of child abuse.
 In fifth chapter I will try to find the reasons of failure of the implementation of human
rights world wide specifically crimes against children.
 The sixth chapter will cover the facts,reasons and mental condition of accused.
 Chapter seven will cover that what steps should be taken in enforcement of the
declaration.
 Eight chapter is conclusion
 Bibliography

 Overall research aim:

Consistently one question arises in my mind all the time, the reason behind the creation of
human?what are the duties and rights of us as human being. Human rights ,the values which
keep society fair,just and equal that protect children, elderly people, men and women all of us.
 Human rights are the rights that every person is entitled to simply by virtue of being human. At
the root of the human rights concept is the idea that all people should be able to live with dignity.
Violations of our human rights amount to denials of our basic humanity. There were many
important people throughout history that contributed to the notion and understanding of human
rights. Plato believed in universal truth and virtue. This idea has continued on to become
universalism, that human rights are universal, and as such are above the laws of individual states.
Human rights are often discussed and defended by the key philosophers. For example, Kant
argued that human rights are based in the fundamental moral right to be treated as an end in
oneself, a view that he felt was completely justified by the value of human reason: a species that
has the extraordinary reasoning power of human beings is special enough to have natural, basic
rights. So, he argued, because these rights arise from and are an inseparable part of our basic
human nature, they are ‘inalienable’ – they cannot be treated like commodities that are given to
us or taken away from us.
Based on this argument, as long as we are human, in principle we always have fundamental
human rights. This is true whether we are free or in prison, or whatever our circumstances.
However, human rights can’t just be based on the rights-holder’s personal needs and interests.
Rights are normally considered to be above practical considerations of that sort: instead, they
exist at the level of the moral duties we owe each other as reasoning beings.
There are two main sets of principles that underpin the concept of human rights:
 Natural law principles
 Positive law principles.

Natural Law Principles

The concept of human rights is deeply rooted in the idea of ‘natural law’. Natural law comes
from the moral principles common to all people by virtue of their spiritual or rational nature as
human beings. Natural law is seen by some people as coming from God, though others (like the
philosopher Kant) see it as deriving from pure reason. What makes us special is our reason, and
our treatment should be determined by the principles of pure reason.
Natural law assumes that there are underlying rational principles of justice and morality that are
universal in their nature, and apply in all societies and at any time in history.

Positive Law Principles

‘Positive law’ means man-made law, created by Governments and responsive to the needs of the
state. However, many theorists believe that the positive laws should all be in conformity with the
‘higher’ principles of natural law.
Legal positivism denies the existence of natural law and accepts only the justice implied in the
law of the state: it says that you can’t determine the law by looking for underlying rational or
spiritual processes. The law is seen as a construction of the general will of the people of a state,
and cannot be wrong, because a whole people can do no wrong in creating their own laws for
their own state. Rights in positive law are freedoms or protections which are written down in
statutes and legally enforceable.

According to article 3 of the United Nations charter all human beings are equal. Even they
established so many organizations to protect all of us for instance UNICEF,UN
women,IFAD,WHO,UNHCR and so many like these .The High Commissioner of UNO is
responsible to leading all the human rights program, there is also a committee of experts who
acknowledged how all countries practice the charter of human rights and assembly of countries
and human rights councils which discuss and sort out different kind of situations and problems
regarding to violation of basic human rights.

Research Methodology.

Method of research is vital section of any study to be conducted. It helps in analyzing the process
to identify the area of concern and enable us to be on right direction in conducting research.
Research methodology recommends particular data collection methods and types of research so
to accomplish data aims and objectives of research work.
According to S. Rajeaskar “research is logical and systematic search for specific, useful and new
data or information on a concerned topic. In this you investigate the findings and solutions to
scientific and social problem through systematic analysis; it also develops generalizations and
theories as a result of predictions.” 1.
It is essential to first understand the problem of the area of research and then properly define the
research methodology.
The major limitation of qualitative research is it simply answer a question but does not help in
testing or verifying hypothesis. It does not devise test conditions. Researcher examines the social
processes which include study records, artifacts or research material and written work produced
under same processes.2
Secondary data will be used in this dissertation justify and resolve research question asked.
Methodological discussion has largely been neglected in human rights research, with legal
scholars in particular tending to address research methods and methodological reflection
implicitly rather than explicitly. Seeking to bridge the methodological deficit often compounded
by the interdisciplinary nature of human rights research, contributions by leading scholars in a
range of evolving fields, provide an up-to-date assessment of human rights methods.
The reason of this research is not to blame and criticize any particular region but to the human’s
diplomat and hypocrite way of behavior.

Declaration of human rights specially about child abuse:

United Nations, world’s biggest and most important organization, established in 24th October
1945 in USA. The purpose of its existence was for world peace and avoid 3rd world war. Now
193 countries are members of The United Nations. In 1946 an organization which called
UNICEF by UNO formatted to serve and protects the worlds most vulnerable children, working
to ensure child rights and providing health care, immunization, nutrition, sanitation services
basic education protection from violence ,exploitation and emergency relief.
UNICEF’s commitment to the Convention on the Rights of the Child, Optional Protocol on the
Sale of Children, Child Prostitution and Child Pornography and the Rio de Janeiro Declaration
and Call for Action to Prevent and Stop Sexual Exploitation of Children and Adolescents,
UNICEF works to prevent and respond to sexual violence by engaging different Government
sectors - justice, social welfare, education and health - as well as legislators, civil society,
community leaders, religious groups, the private sector, media, families and children themselves.
UNICEF supports Governments in strengthening child protection systems at national and local
levels– including laws, policies, regulations and the provision of comprehensive services to child
victims. UNICEF also works with communities and the general public to raise awareness about
the problem and address attitudes, norms and practices that are harmful to children. Sexual
violence is bitter reality of the society and violation of children’s right as well. It can take the
form of sexual abuse, harassment, rape or sexual exploitation in prostitution or pornography. It
can happen in homes, institutions, schools, workplaces, anywhere it is only needed to take steps
to avoid this immorality. It is important to mention the charter of declaration of the right of the
child here:

DECLARATION OF THE RIGHTS OF THE CHILD (UNICEF)

[Proclaimed by General Assembly Resolution 1386(XIV) of 20 November 1959.

This was the basis of the Convention of the Rights of a Child adopted by the UN General
Assembly 30 years later on 20 November 1989. The Convention on the Rights of the Child was
entered into force on 2 September 1990. ] Whereas the peoples of the United Nations have, in the
Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the
human person, and have determined to promote social progress and better standards of life in
larger freedom,Whereas the United Nations has, in the Universal Declaration of Human Rights,
proclaimed that everyone is entitled to all the rights and freedoms set forth therein, without
distinction of any kind,such as race, color, sex, language, religion,political or other opinion,
national or social origin,property, birth or other status,Whereas the child, by reason of his
physical and mental immaturity, needs special safeguards and care, including appropriate legal
protection,before as well as after birth,Whereas the need for such special safeguards has been
stated in the Geneva Declaration of the Rights of the Child of 1924, and recognized in the
Universal Declaration of Human Rights and in the statutes of specialized agencies and
international organizations concerned with the welfare of children, Whereas mankind owes to the
child the best it has to give,Now therefore,The General Assembly Proclaims this Declaration of
the Rights of the Child to the end that he may have a happy childhood and enjoy for his own
good and for the good of society the rights and freedoms herein set forth, and calls upon parents,
upon men and women as individuals, and upon voluntary organizations, local authorities and
national Governments to recognize these rights and strive for their observance by legislative and
other measures progressively taken in accordance with the following principles:
Principle 1
The child shall enjoy all the rights set forth in this Declaration. Every child, without any
exception whatsoever, shall be entitled to these rights,without distinction or discrimination on
account of race, color, sex, language, religion, political or other opinion, national or social origin,
property,birth or other status, whether of himself or of his family.
Principle 2
The child shall enjoy special protection, and shall be given opportunities and facilities, by law
and by other means, to enable him to develop physically, mentally, morally, spiritually and
socially in a healthy and normal manner and in conditions of freedom and dignity. In the
enactment of laws for this purpose, the best interests of the child shall be the paramount
consideration.
Principle 3
The child shall be entitled from his birth to a name and a nationality.
Principle 4
The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in
health; to this end, special care and protection shall be provided both to him and to his mother,
including adequate pre-natal and post-natal care.The child shall have the right to adequate
nutrition, housing, recreation and medical services.
Principle 5
The child who is physically, mentally or socially handicapped shall be given the special
treatment,education and care required by his particular condition.
Principle 6
The child, for the full and harmonious development of his personality, needs love and
understanding. He shall, wherever possible, grow up in the care and under the responsibility of
his parents, and, in any case, in an atmosphere of affection and of moral and material security; a
child of tender years shall not, save in exceptional circumstances, be separated from his mother.
Society and the public authorities shall have the duty to extend particular care to children without
a family and to those without adequate means of support. Payment of State and other assistance
towards the maintenance of children of large families is desirable.
Principle 7
The child is entitled to receive education, which shall be free and compulsory, at least in the
elementary stages. He shall be given an education which will promote his general culture and
enable him, on a basis of equal opportunity, to develop his abilities, his individual judgment, and
his sense of moral and social responsibility,and to become a useful member of society.The best
interests of the child shall be the guiding principle of those responsible for his education and
guidance; that responsibility lies in the first place with his parents.The child shall have full
opportunity for play and recreation, which should be directed to the same purposes as education;
society and the public authorities shall endeavor to promote the enjoyment of this right.
Principle 8
The child shall in all circumstances be among the first to receive protection and relief.
Principle 9
The child shall be protected against all forms of neglect, cruelty and exploitation. He shall not be
the subject of traffic, in any form. The child shall not be admitted to employment before an
appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation
or employment which would prejudice his health or education, or interfere with his physical,
mental or moral development.
Principle 10
The child shall be protected from practices which may foster racial, religious and any other form
of discrimination. He shall be brought up in a spirit of understanding, tolerance, friendship
among peoples, peace and universal brotherhood, and in full consciousness that his energy and
talents should be devoted to the service of his fellow men.
CONVENTION ON THE RIGHTS OF THE CHILD
[Adopted and opened for signature, ratification and accession by General Assembly Resolution
44/25 of 20 November 1989; entry into force: 2 September 1990, in accordance with Article 49]
The General Assembly, Recalling its previous resolutions, especially resolutions 33/166 of 20
December 1978 and 43/112 of 8 December 1988, and those of the Commission on Human Rights
and the Economic and Social Council related to the question of a convention on the rights of the
child, Taking note, in particular, of Commission on Human Rights resolution 1989/57 of 8
March 1989, by which the Commission decided to transmit the draft convention on the rights of
the child, through the Economic and Social Council, to the General Assembly, and Economic
and Social Council resolution 1989/79 of 24 May 1989, Reaffirming that children's rights require
special protection and call for continuous improvement of the situation of children all over the
world, as well as for their development and education in conditions of peace and security,
Profoundly concerned that the situation of children in many parts of the world remains critical as
a result of inadequate social conditions, natural disasters, armed conflicts, exploitation, illiteracy,
hunger and disability, and convinced that urgent and effective national and international action is
called for,Mindful of the important role of the United Nations Children's Fund and of that of the
United Nations in promoting the well-being of children and their development, Convinced that
an international convention on the rights of the child, as a standard-setting accomplishment of
the United Nations in the field of human rights, would make a positive contribution to protecting
children's rights and ensuring their well-being, Bearing in mind that 1989 marks the thirtieth
anniversary of the Declaration of the Rights of the Child and the tenth anniversary of the
International Year of the Child,
1. Expresses its appreciation to the Commission on Human Rights for having concluded the
elaboration of the draft convention on the rights of the child;
2. Adopts and opens for signature, ratification and accession the Convention on the rights of the
Child contained in the annex to the present resolution;
3. Calls upon all Member States to consider signing and ratifying or acceding to the Convention
as a matter of priority and expresses the hope that it will come into force at an early date;
4. Requests the Secretary-General to provide all the facilities and assistance necessary for
dissemination of information on the Convention;
5. Invites United Nations agencies and organizations, as well as intergovernmental and
non-governmental organizations, to intensify their efforts with a view to disseminating
information on the Convention and to promoting its understanding;
6. Requests the Secretary-General to submit to the General Assembly at its forty-fifth session a
report on the status of the Convention on the Rights of the Child;
7. Decides to consider the report of the Secretary-General at its forty-fifth session under an item
entitled "Implementation of the Convention on the Rights of the Child". 61st plenary meeting 20
November 1989 ANNEX Convention on the Rights of the Child
PREAMBLE
The States Parties to the present Convention, Considering that, in accordance with the principles
proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human family is the foundation of freedom,
justice and peace in the world, Bearing in mind that the peoples of the United Nations have, in
the Charter, reaffirmed their faith.
Purpose of the Universal declaration of child abuse:-
The UN convention on the rights of the child (UNCRC),this is an agreement between all the
Governments of the world that children ill never be hurt in any way under the large list they need
ie protection of their lives,protection against harassment, exploitation and defloration, good
health, secured environment,education,freedom of movement, freedom of playing In public parks
and places without any fear and extra care off course etc.
Children are the most beautiful creation of Almighty ALLAH who are innocent like angels,
fragile and tender like flowers.They need more care,love and protection.They have less intuition
to judge the intension of other prople.The rights of children and young people called CRC,The
convention on the right of a child based on forty points for instance protect their
lives,health,freedom,education etc.The abuse of a child is extreme cruelty of the heart.According
to a report 5 children die daily as a result of child abuse.1 in 4 girls and 1 in 6 boys are sexually
abused before their 18th birthday.upto 90% kids are used by those persons who are known for
them and whom they trust.United States Of America,thinks itself a symbol of peace,and place
where rule of law actually exists but reality is something else .According to a report in every ten
sec a child abuse is made in the USA.in 2007,I million children were confirmed victims of child
abuse and neglect in USA.
Reasons of failure of the implementation of human rights world wide specifically crimes against
children:-
Now iam trying to find out the reasons of failure of the implementation of human rights
world wide specifically crimes against children.These victim children passes through
such a critical condition, physical and mental torture, perhaps that is beyond of our
imagination hardly to understand. Deepening and expanding our understanding of
what human rights are,and how to better protect them, these human rights are so
developed then why are human rights abused and ignored time and time again all
over the world?
The problem in general is that it is not at all easy to universally enforce these rights
or to punish transgressors. The UDHR itself despite being highly authoritative and
respected, is a declaration, not a hard law.so when the individual countries violate
it, the mechanisms to address those violations are weak. For example, the main
bodies within the UN in charge of protecting human rights mostly monitor and
investigate violations. But they cannot force states to say change a policy or consider
human rights a given in a world where state interests wield so much power. Critics
also question the universality of human rights and emphasize that their
development has been heavily guided by a small number of mostly Western nations
to the detriment of inclusiveness.in result? A general bias in favor of civil political
liberties over sociopolitical rights and of individual over collective or groups rights.
Others defend universal human rights laws and point at the positive role they have
on setting international standards and helping activists in human rights .they also
point that not all international human rights instruments and powerless. For
example, the European convention on human rights establishes a court where the
47 member countries and their citizens can bring cases. The court issues binding
decisions that each member state must comply with. Human rights law is constantly
evolving as are our views and definitions oat the basic human rights should be.for
example, how basic or important is the right of democracy or to development?
Human rights face restriction in their freedom of expression or religion in at least 77
countries. Human rights are tortured or abused in at least 81 countries. Human
beings face unfair trial in at least 54 countries.
Article 3,
“Everyone has the right to life liberty and security of person,”
In brazil in 2007,according to official figures, police killed at least 1,260,individulas
the highest total to date. All incidents were officially labeled “acts of resistance” and
received little or no investigation.
In Uganda 1,500 people die each week in the internally displaced person camps,
according to the World Organization,500,000 have died in these camps. Vietnamese
authorities forced at least 75,000 drug addicts and prostitutes into 71
overpopulated Rehab camps, labeling the detainees at high risk of contracting
HIV/AIDS but providing no treatment and forcing them to work. Those who refused
to work were beaten by the guards and taken put into the disciplinary room.in the
end they agreed to work.
The US state department estimates 600,000 to 820,000 men women and children
are trafficked across international borders each year, half of whom are minor
,including record numbers of women and girls from Iraq.
In Myanmar,for decades Buddhist locals have persecuted the minority Rohingya
Muslim community.in 2012 sectarian violence against the Rohingya forcibly
displaced 140,000 people.in 2015 Rohingya voting rights were repealed after
protests from right wing Buddhist groups. Myanmar law denies the Rohingya people
citizenship limits them to two children,and restricts travel.in 2017 the grim
situation in Myanmar before they kind state is only getting worse at risk of ethnic
cleansing in the counter .the Government of Myanmar has refused to grant
citizenship to the Muslim community .The UN says that explains why a hundred
and twenty three thousand people have fled across the border into Bangladesh in
just over a week ,they have horrific stories some reported that their family members
were burnt or shot or slashed to death during their flight many fled in into the
jungles or mountains hiding and walking for days before they reach land or river
and to cross the border. They have been walking from so many days and they didn’t
have anything to eat so other than the rain water.Their young girls are being
kidnaped forcefully and being gang raped. The UN says to the authorities in
Myanmar and military authorities to indeed put an end to this violence. Many
countries raised voice against this cruelty but the violence has continued and now
the secretary general has taken the rare step of sending the security council this
letter urging them to send a strong message James Bae’s al Jazeera at the United
Nations. The Government of Myanmar , noble price winner Aung san suu kyi is
forced to return the noble price on the failure of her polices and she betrayed the
principals of human rights and peace in the region.
India and Pakistan were partitioned in 1947. Kashmir was split as well, with two-
thirds going to India and a third going to Pakistan, even though India's share was
predominantly Muslim, like Pakistan. Muslims rebelled. India repressed them. War
broke out. It wasn't settled until a 1949 cease-fire brokered by the United Nations
and a resolution calling for a referendum, or plebiscite, allowing Kashmiris to decide
their future for themselves. India has never implemented the resolution. Thousand
of Muslims are killing ,women are being raped ,the Indian Government is trying to
crushed the voice of freedom of the people of Kashmir by force since so long and the
rest world is helpless to stop the India.In Syria a young girl was rapped in a masque
and her helpless howling could be heard in load speakers in all city.That scream
was a slap on the face of so called There are so many examples of violation of
human rights .