Interplay of Child Protection Laws and Right to Education in Sindh: Implications for SDG 4
The intricate relationship between child protection laws and the right to education in Sindh, particularly emphasizing the Sindh Child Marriages Restraint Act 2013 and the Sindh Right to Free & Compulsory Education Act 2013. These laws aim to safeguard children from early marriages and ensure access to quality education, highlighting the synergy between child protection and education for sustainable development goals.
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Sindh Acts on Education, Child Sindh Acts on Education, Child Marriage Inclusion/Disability and Marriage Inclusion/Disability and Child Protection Child Protection- -Interplay with Right to Education & SDG 4 Right to Education & SDG 4 Interplay with January 2019
Layers of Protection for the Child or Disconnected Laws! 25 A Sindh Right to Free & Compulsory Education Act 2013 Sindh Child Protection Authority Act 2011? Sindh Child Marriage Restraint Act 2013 Child Sindh -Empowerment of Persons with Disabilities Act 2018 2018- 0-18-NADRA Implementation? No Child Protection Units in Districts When? Sindh Child Protection Authority Act 2011 & CP-Units 5-16 =25 A SDG 4 SDGs 2030 How many citizens know about these overlapping rights and layers of Protection?
The Sindh Child Marriages Restraint Act 2013 (http://rtepakistan.org/wp-content/uploads/2014/11/The-Sindh-Child-Marriages-Restraint-Act-2013.pdf) SCMR Act 2013 has 1 Chapter and 13 Articles and has rules in place since 2016 2(a) - child is a male or female under 18 years of age 2(b) - child marriage is a marriage to which either of the contracting party is a child 2(d) contracting party to marriage is either of the party whose marriage is, or is about to be solemnized 3. Punishment for male contracting party rigorous imprisonment between 2-3 years, fine 4. Punishment for solemnizing a child marriage - rigorous imprisonment between 2-3 years, fine 5. Punishment for parent or guardian concerned in a child marriage - rigorous imprisonment between 2-3 years, fine 7. Power to issue injunction prohibiting marriage in contravention of this Act court may issue injunction if satisfied that a child marriage in contravention of this Act is going to be arranged or about to be solemnized
Implications for 25 A Sindh Free & Compulsory Education Act 2013 Sindh Child Marriages Restraint Act 2013 prohibits marriage under the age of 18 for both males and females-recognizes 18 years for both sexes Sindh Right of Children to Free & Compulsory Education Act 2013 Govt responsible for providing free of cost education to all 5-16 year olds of either gender Both Acts passed by the Assembly in 2013; they reinforce one another: Sindh Govt to ensure that instead of children being contracted in marriage, they are being provided quality education at least up to 16 years of age.. Education is the best Protection Against Child Marriage!
Sindh Empowerment of Persons with Disabilities Act 2018 Rights of Persons with Disabilities Chapters II - Articles 3 to 25 3. Equality and non-discrimination of Persons with Disabilities 4. Right to privacy 5. Women, children and elderly people with disabilities special measures to ensure equal enjoyment of rights 6. Ease of access and mobility 7. Protection from torture or cruel, inhuman or degrading treatment 8. Freedom from Exploitation, Violence and Abuse 9. Equity in education 10. Equity in health and rehabilitation services 11. Skills Development & Equity in Employment 12. Adequate Standard of Living and Social Protection 13. Right to live independently in community 14. Right to accommodation 15. Right to home and family 16. Freedom of expression and information 17. Right to political participation 18. Access to justice 19. Right to own property 20. Guardianship support of a limited guardian for those unable to take legally binding decisions 21. Participation in cultural, recreational and sports activities 22. Protection of Persons with Disabilities in risk and disaster situations 23. Rehabilitation 24. Registration of Institutions for the Persons with Disabilities and Grant to such Institutions http://sindhlaws.gov.pk/setup/publications/PUB-18-000046.pdf 25. Certification of Persons with Disabilities
Sindh Empowerment of Persons with Disabilities Act 2018 Linkages with Sindh RTE Act 2013 Sindh Empowerment of Persons with Disabilities Act 2018 How it links with Sindh RTE Act 2013 (free and compulsory education 5-16: children with disabilities) 3. Equality and non-discrimination of Persons with Disabilities (1) The Government shall ensure that every Person with Disabilities shall have a right to lead a decent life with equal opportunity to the provision of education, skills training to participate in educational, social, economic, cultural activities without any discrimination. Equal access to education; non-discrimination with respect to admissions and treatment within schools 5. Women, children and elderly people with disabilities special measures Special measures to ensure right to education for children with disabilities, especially female children with disabilities 6. Ease of access and mobility 1(a) ensure access, on equal basis to Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces Accessibility in terms of school transportation, infrastructure within schools for ease of mobility including ramps
Sindh Empowerment of Persons with Disabilities Act 2018 Linkages with Sindh RTE Act 2013 Sindh Empowerment of Persons with Disabilities Act 2018 How it links with Sindh RTE Act 2013 (free and compulsory education 5-16: children with disabilities) 9. Equity in education (1) Government to provide inclusive education to children with disabilities a) admit them without discrimination; education and opportunities for sports and recreation activities b) make building, campus and various facilities accessible c) reasonable accommodation per individual requirements d) provide necessary support in environments that maximize academic and social development consistent with the goal of full inclusion; e) ensure education to persons who are blind or deaf or both is imparted in the most appropriate languages and modes and means of communication f) detect specific learning disabilities in children at the earliest and take suitable pedagogical and other measures to overcome them g) monitor participation, progress in terms of attainment levels and completion of education in respect of every student with disabilities h) provide transportation facilities to the children with disabilities and also the attendant of the children with disabilities having high support needs. i) enable Persons with Disabilities to learn life and social development skills to facilitate their full and equal participation in education and as members of the community j) ensure that all Persons with Disabilities are given full access to all modes and means of education including but not limited to vocational training, online education, distance learning and adult education.
Sindh Empowerment of Persons with Disabilities Act 2018 Linkages with Sindh RTE Act 2013 Sindh Empowerment of Persons with Disabilities Act 2018 How it links with Sindh RTE Act 2013 (free and compulsory education 5-16: children with disabilities) 11. Skills Development & Equity in Employment Providing quality education to children with disabilities to enable them to develop the skills required for decent employment, which is a prerequisite for a good standard of living 12. Adequate Standard of Living and Social Protection 14. Right to accommodation Accessible accommodation within hostels 16. Freedom of expression and information Equal access to information that would complement education, freedom to voice their views and opinions 21. Participation in cultural, recreational and sports activities (2)(d) The Govt shall take steps to ensure redesigning courses in cultural and arts subjects to enable participation and access for Persons with Disabilities (4)(a) restructure courses and programs to ensure access, inclusion and participation of Persons with Disabilities in all sporting activities Ensure participation in cultural, recreational, sports activities within schools
Sindh Child Protection Authority Act 2011 Sindh Child Protection Authority Act 2011 1 Chapter and 23 Articles 2(c) Child in need of special protection measures includes a child who- (i) is victim of violence, abuse and exploitations; (ii) is subjected to physical and psychological violence, sexual abuse or commercial sexual exploitation; (iii)is forced into the worst forms of the child labour, exploitative labour, or beggary; (iv)is subject to human trafficking within and outside Pakistan; (v) is being misused for drug trafficking or is subjected to abuse of substances like glue drugs, spirit; (vi)is engaged in an armed conflict; (vii) is a child without primary care givers; and (viii) is affected or infected with HIV aids (g) Child means a person who has not attained the age of eighteen years; (GAP WITH 25A/RTE 5-16?) 10(1)(g) The Authority has the power to set minimum standards for institutions relating to children (including educational institutions) and ensure their implementation RULES of BUSINESS PASSED in 2016! Child Protection Units (CPUs) working in districts
Overlaps and Gaps across SDG 4 and 25 A Overlaps and Gaps across SDG 4 and 25 A Sindh RTE Act Sindh RTE Act SDG 4 Targets & Means of Implementation Sindh Right of Children to Free & Compulsory Education Act 2013 4.1 Universal Primary and Secondary Education 3(1) Every child 5-16 fundamental right to free and compulsory education 7(4)(h) Govt obligated to ensure good quality education 4.2 Early Childhood Development and Universal Pre- primary Education 9. Govt may make necessary arrangements for providing pre-school education and early childhood care for children over 3 4.3 Equal Access to Technical/Vocational and Higher Education Purview of HEC Sindh -Fed Ministry/HEC STEVTA- NAVTCC Benazir youth program 4.4 Relevant Skills for Decent Work 18(1)(d) Teachers to take care of all-round development of child 18(1)(e) Teachers to ensure building up of child s knowledge, potential and talent 4.5 Gender Equality and Inclusion 3(1) Every child 5-16 regardless of sex 2(c) and 7(4)(c) Ensure no discrimination against disadvantaged child 2(o) Special education defined
Overlaps and Gaps across SDG 4 and 25 A Overlaps and Gaps across SDG 4 and 25 A Laws Provinces & Areas Provinces & Areas Laws - - SDG 4 Targets & Means of Implementation Sindh Right of Children to Free & Compulsory Education Act 2013 4.6 Universal Youth Literacy 7(4)(h) good quality education conforming to the prescribed standards and norms 18(1)(e) Teachers responsible for building of child s knowledge, potential, talent 20(2)(d) development of physical and mental abilities to fullest extent 4.7 Education for Sustainable Development and Global Citizenship 4a - Effective Learning Environments 6 Establishing of schools 7(4)(d) & (g) Provision of infrastructure & training facilities 7(4)(j) Ensure enabling learning environment for better teaching and learning in schools 4b - Scholarships Purview of HECs higher/tertiary education 4c - Teachers and Educators 7(4)(g) Training facilities for teachers 17(1) Teacher qualifications 18(1) Duties of teachers 19(1)(2) Teacher related matters; Maintenance of Pupil-Teacher Ratio; Filling of vacancies
Discussion on the Intersections across Sindhs Discussion on the Intersections across Sindh s 25 A, CPA 25 A, CPA- -Act 2011 CMRA 2013, Inclusion 2018 and SDG 4 Act 2011 CMRA 2013, Inclusion 2018 and SDG 4 Why are the connections so important? Who will oversee the connections? Key Departments - Planning & Development (P&D) Board; School Education & Literacy Dept. (SELD) Sindh Empowerment of Persons with Disabilities Dept. Social Welfare Dept.
