RECOMMENDATION
The Committee urges the State party to bring its Penal Code in full compliance with articles 2 and 3 of the Optional Protocol, including by criminalizing the use of children for prostitution and pornography even if the perpetrator and victim are married under Sharia law, criminalizing child sex trafficking even in the absence of coercion, and by ensuring that child victims of offences under the Optional Protocol are not criminalized according to Sharia law (including charges of zina).
| Recommendation No: | CRC-71 |
|---|---|
| Recommendation Year: | 2016 |
| Recommendation Text: | The Committee urges the State party to bring its Penal Code in full compliance with articles 2 and 3 of the Optional Protocol, including by criminalizing the use of children for prostitution and pornography even if the perpetrator and victim are married under Sharia law, criminalizing child sex trafficking even in the absence of coercion, and by ensuring that child victims of offences under the Optional Protocol are not criminalized according to Sharia law (including charges of zina). |
| Convention/Treaty Body: | Convention on the Rights of the Child |
| Information Deadline: | |
| Implementation Deadline: |
Related Human Rights Articles
CRC Article 35 - States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Stakeholders
Attorney General's Office (AGO)
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Ministry of Gender, Family & Social Services (MoGFSS)
Relevant Articles of the Constitution
35A - Children and young people are entitled to special protection and special assistance from the family, the community and the State. Children and young people shall not be harmed, sexually abused, or discriminated against in any manner and shall be free from unsuited social and economic exploitation. No person shall obtain undue benefit from their labour.
Relevant Legislation Articles
16 - Particular attention shall be given to prevent acts detrimental to integrity of children and acts of sexual abuse,exploitation and oppression against children. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to concerned government authority.
18 - No child shall, even as a measure of discipline be subjected to punishment which may cause physical injury or
which may be detrimental to the health of the child.
21 - Parents shall pay particular attention to prevent children from marrying before the they attain 16 years of age,considering the adverse physical and psychological effects on the of those who marry before attaining the necessary physical and mental maturity or the necessary maturity for bearing the responsibility of a parent. Further, parents shall, when warranted, advise their children on the adverse effects of marriage before attaining 16 years of age and shall discourage such marriages.
25 - No persons shall commit an act that is detrimental to the integrity of children, nor shall any person commit an act of
sexual abuse, exploitation or oppression against the child. Knowledge of the commission of such an act or suspicion thereof shall promptly be reported to the concerned Government authority.
14 - 14. Acts that can be considered sex offences within this law shall not be deemed as an offence when carried out with a child with whom a person has entered into marital relations with as per Islamic principles.
12 - definition
13 - offence of trafficking and exploitation
14 - offence of child trafficking
15 - consent
16 - Debt bondage
Relevant Regulations & Policies
No Relevant Regulations & Policies
Relevant Articles of other Human Rights Conventions
ICCPR Article 8 - The freedom from slavery and servitude.
ICESCR Article 10 - The right to family protections, i.e., marriage only by consent, leave for new mothers and protection of children from exploitation.
CEDAW Article 6 - Article 6
States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.
CRC Article 36 - States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.
CRPD Article 16 - Freedom from exploitation, violence and abuse
Related Recommendations of other Treaty Bodies
CEDAW - 25 - CEDAW
ICCPR-17(a) - ICCPR
ICCPR-17(b) - ICCPR
ICCPR-17(c) - ICCPR
ICCPR-17(d) - ICCPR
ICCPR-17(e) - ICCPR
Related SDGs
No Related SDGs
Categories
Abduction, sale and trafficking