Submission to the UN Human Rights Council Examines Pakistan’s Lack of Progress on SRHR Issues

The government of Pakistan has failed to keep its obligations to protect and promote sexual and reproductive health rights and services, according to the report made by the Center for Reproductive Rights and its partner to the Universal Periodic Review (“UPR”) Working Group of the United Nations Human Rights Council.

The report was jointly submitted on July 13 by the Center and its regional partner, Karachi-based Aahung, for the 42nd Session of the Human Rights Council. Pakistan’s UPR will be conducted during that session, which is scheduled for January 22 through February 3, 2023.

Titled “Joint Submission to the Universal Periodic Review of Pakistan,” the report focuses on Pakistan’s failure to address the persistently high rates of maternal mortality and morbidity, barriers to accessing safe abortion and post-abortion care services, and violations of the sexual and reproductive rights of adolescents. It calls on the Pakistan government to implement laws and policies that protect the right of women to access obstetric care services, ensure access to contraception and safe abortion, and promote adolescents’ sexual and reproductive health and rights.

Inadequate Measures to Tackle High Maternal Mortality and Morbidity

Several studies indicate an alarmingly high rate of maternal mortality in Pakistan. The World Bank survey has placed Pakistan as one of the top 10 countries in the world with the highest number of deaths due to maternity. Studies have further established that women from marginalized communities— due to their intersecting identities of economic status, educational background, and gender—suffer disproportionately during maternity. The Covid 19 pandemic only exacerbated the problems of accessing quality maternal care.

Women from low income backgrounds continue to face significant barriers in access to obstetric care services. One of the biggest hurdles is the lack of economic commitment by the Government, which has failed to commit requisite budgetary allocation to alleviate the problem of maternal mortality and morbidity.

The report recommends effective implementation of the existing policies to improve maternal health, especially focusing on women from low-income backgrounds and from other marginalized groups, as well as groups based on ethnicity.

Restrictive Access to Abortion and Post-Abortion Care

Various treaty bodies have noted that laws and policies that restrict access to abortion are directly linked to higher rates of unsafe abortion and maternal mortality. The legal framework in Pakistan is highly restrictive and penalizes abortion unless it is for “necessary treatment,” which is, according to Islamic jurisprudence—which the law is based on— before the formation of fetal organs. After that, abortion is legal only if there exists a danger to the life of the pregnant woman. Despite the restrictive laws, there is a considerable prevalence of abortion in Pakistan, with a majority clandestinely induced by unqualified providers, resulting in a high rate of post-abortion-related complications.

The Pakistan government has recommended guidelines regarding safe abortion practices for up to the third trimester. However, these guidelines are not legally binding and have not been implemented on the ground. Adequate measures have not been taken to spread awareness about guidelines among women seeking safe abortion services.

The report recommends that the laws around abortion are liberalized and the policies on abortion and post-abortion care are effectively implemented.

Violations of Adolescents’ Sexual and Reproductive Rights

Due to the restrictive legal and cultural environment in Pakistan, the promotion of adolescents’ sexual and reproductive rights is highly challenging. Since sexuality education is absent in schools and family settings, the prevalence of child marriage in Pakistan presents another huge risk to realizing adolescents’ rights.

While the Child Marriage Restraint Act 1929 (CMRA), as applied in several provinces of Pakistan, sets the age of marriage for girls at 16 and boys at 18, it does not completely ban child marriage. The Sindh Child Marriage Restraint Act (SCMRA) in 2013—as applicable only in Sindh province—provides for uniform age for marriage of 18. However, several factors—including ineffective support mechanisms, a shortage of institutes and shelter homes for girls, and lack of legal aid and counseling—prevents the effective implementation of these laws.

The report recommends comprehensive sexuality education for adolescents, effectively tackling cultural and social taboos to ensure adolescents’ unhindered access to reproductive health services, and effective support mechanisms to prevent child marriage.

Read the complete report for more details on findings and recommendations:

• Joint Submission to Universal Periodic Review of Pakistan, 42nd Session of Human Rights Council, July 13 2022