ICT to have child protection law soon

Islamabad

The Islamabad Capital Territory (ICT) would soon have a law aimed at providing protection and care for children against all forms of physical and mental violence injury, neglect maltreatment, exploitation and abuse.

A comprehensive draft bill titled ‘Islamabad Capital Territory Child Protection Act 2016’ has been prepared and cleared by the Legal Reform Committee and summary of the bill is with the Federal Ministry of Human Rights which will soon be forwarded to the Cabinet for approval.

“Summary of the legislation is waiting for the signature of Federal Secretary of the Ministry of Human Rights. The previous secretary has just retired and the ministry is waiting for the new appointment so that the legislation could be forwarded to the Cabinet,” said a ministry official while talking to ‘The News’.

The long awaited legislation provides a comprehensive protection mechanism for the children in need of care. The factors to be taken into account while considering the best interest of the child will include child protection and care, well-being and safety of a child; physical and emotional needs of a child; religious and cultural views of a child; level of education and educational requirements of a child; considering family as a preferred environment for the care and upbringing of a child; and effect on a child of delay in making a decision.

Under the law, the court would be able to restrict the exercise of parental custody and control of a child, when a child is at risk of significant harm and in need of care; a child is subject of a child care plan; or a child is subject of emergency powers exercised by the Child Protection Officer under this act.

A child in need of protection and care would include a child who has been subjected to or is under serious threat of being subjected to child abuse and child exploitation while in the care of parents, legal guardian or any other person or the child is unattended, victim of an offence, found begging, imprisoned with mother or lives in an immoral environment.

As soon as after the commencement of the Act, the government would establish an Advisory Board to be known as Islamabad Capital Territory Child Protection Advisory Board, which would have four members with minister for Human Rights as its Patron. The board would be constituted within three months of the commencement of Act and would hold at least two meetings in a calendar year.

The board will advice the government on matters relating to policy, legislation, and implementation of the rights of the child ensured in domestic laws and international obligations; ensure effective coordination and implementation of child protection and care mechanisms; maintain a child protection and care management information system; and sponsor research to generate information, analysis and studies on child protection and care issues in Pakistan.

The Board will also recognize, regulate, and inspect all caregiver organisations as to whether they are functioning in accordance with the provisions of this act and the rules made there under. It will submit annual report to the government at the end of each financial year.

Besides that, the government will establish one or more Child Protection Institutions as soon as may be practicable after the commencement of this act. The Child Protection institutions will receive reports of children who are in need of protection and care and will asses, based on reports, whether a child requires care under the provision of the Act.

The institutions will maintain a record of case management reports of a child in need of care, collect, maintain and update child protection and care case management data provided by child protection officers and would maintain and update data on child abusers and persons convicted of offences against children.

Besides that, immediately after the commencement of the Act, the government will establish a child protection and care fund for child protection and care of unattended child.

Whenever a Child Protection Officer will receive a report that a child is in need of protection, he or she will first prepare the initial assessment report. Later the officer will submit comprehensive assessment report within 30 days and prepare an interim child care plan.

The Child Protection Officer will have to seek the consent of the parent, legal guardian or current carer of the child on action to be taken under the law. Where the Child Protection Officer will have a reasonable cause to believe that a child is at risk of significant harm abuse or exploitation if remains in the care of parent legal guardian or other current carer, he or she could take the child into the care or remove the child from the custody of his parents, legal guardian or other current carer.

Under the new legislation, all reports will be treated confidentially and only the child, parents, legal guardians or other carers will have access to the report. No report or picture of the child will be disclosed to media which can lead to the identification of the child. For violation of the privacy rules, the person responsible will be charged with a fine of Rs50,000.