E/C.12/PAK/CO/1
Trade union rights
49.
The Committee is concerned that the unionization rate is extremely low and that the
legislation on trade unions, including the Industrial Relations Act, 2012, is very restrictive.
The law does not cover all workers and grants collective bargaining rights only to unions
whose membership consists of one third of all employees (art. 8).
50.
The Committee recommends that the State party take all legislative and other
measures necessary to provide an enabling environment for workers to freely form
and participate in trade unions and exercise their union rights.
Right to social security
51.
The Committee regrets the lack of comprehensive information on the social security
schemes of the State party, including contributory and non-contributory, public and private
schemes. It is concerned that a majority of workers, including those in the formal economy,
are not covered by social security programmes. For example, the participation rate in the
Employees’ Old Age Benefit Institution is very low, below 10 per cent. It is also concerned
that the State party has not established a social protection floor (arts. 9 and 11).
52.
The Committee recommends that the State party take all measures necessary to
improve its social security schemes, including the Employees’ Old Age Benefit
Institution, with a view to progressively covering all workers in the country and
providing a sufficient level of benefits to enjoy an adequate standard of living. It also
recommends that the State party establish a nationally defined social protection floor
in consultation with all relevant stakeholders. It requests the State party to provide
comprehensive information on the social security schemes of the State party in its next
periodic report. It draws the attention of the State party to its general comment No. 19
(2007) on the right to social security and to its statement on social protection floors
(E/C.12/2015/1).
Protection of the family, mothers and children
53.
The Committee is concerned that the legislative framework is insufficient to provide
for the protection of all women, particularly Hindu and Christian women, in relation to
marriage, divorce, custody and inheritance (arts. 3 and 10).
54.
The Committee recommends that the State party take urgent measures to
adopt a legislative framework relating to marriage, divorce, custody and inheritance
that is in line with international norms and standards, with a view to providing
effective and equal legal protection for all women, particularly Hindu and Christian
women, in Pakistan. It also recommends that the State party make every effort to fully
enforce the legislative framework once adopted and to raise the awareness of the
public, as well as of law enforcement and judicial officials, thereon.
Minimum age for marriage
55.
The Committee is concerned that the minimum age for marriage for girls varies
across provinces and that some provinces have set it at 16 years (arts. 3 and 10).
56.
The Committee recommends that the State party intensify its efforts to adopt
legislation prohibiting the marriage of all persons, both male and female, below 18
years, in line with the Covenant and other international human rights conventions.
Forced conversion and forced marriage
57.
The Committee is concerned that the practices of forced conversion of non-Muslim
women and forced marriage continue. It is particularly concerned that the proposed
amendment to the Child Marriage Restraint Act, 1929, has been declared un-Islamic by the
Council of Islamic Ideology and that efforts to enact a law to prevent forced conversion
have been blocked by the Council (arts. 3 and 10).
58.
The Committee recommends that the State party prohibit the forced
conversion of a person from his/her belief without his/her consent.
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