Fahad, Shah (2024) “Child’s Right to Education Within the Domestic Legal System of Pakistan Against Its International Human Rights Obligation, Gaps, And Challenges; The Potential of European Union Mandate of External Relations Actions for Addressing the Challenges”. [Tesi di dottorato]

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Abstract

Being party to numerous international human rights treaty regimes, Pakistan is under an obligation to ensure the right to education to all its population, particularly to vulnerable groups of Pakistani society including women and children. However, the domestic laws, policies, and practices of Pakistan relating to the right to education of children are hardly in line with those international human rights commitments of Pakistan. Especially the children from minority segments of Pakistan society are severely neglected with their right to education. This is due to the lack of effective enforcement mechanisms on the part of international human rights compliance monitoring and enforcement mechanisms. Which at one hand though encourage ratifying the international human rights treaty regimes and allow the state to introduce reservations to those ratified treaties at the face of existing incompatibilities between the international human rights system and domestic laws of the ratifying state, and on the other hand do not commend effective human right enforcement mechanism that could ensure the right to education to every child in Pakistan. European Union is a formidable economic powerhouse and a desired trading venue for third countries and the European Union is world’s single largest market the access to which requires compliance with a single set of trading rules. For developing and least-developed countries the EU provides either free or low tariff access to the products to enter into the EU market within the Generalized System of Preferences otherwise known as GSP. In return the beneficiary state is required to ratify the several international legal treaty regimes. Basing on the challenges to the realization of the child right to education in Pakistan from the perspective of international human rights standards, this thesis work in the first chapter will analyse the international human rights standards on the child right to education applicable to Pakistan. Secondly, it will look into the domestic legal system of Pakistan relating to the child right to education. Subsequently, it will highlight the gap between the international human rights obligations of Pakistan and its existing domestic laws, policies, and practices. Thirdly, in search for effective enforcement venues and tools this work will look into the Common Commercial Policy’s Generalized System of Preferences otherwise known as GSP and its potential for encouraging Pakistan to bring its domestic laws policies and practices in compliance with those binding international human rights standards on child right to education. Finally, this work provides legal suggestions as to how the EU Pakistan free-trade relations and work for human rights can further effectively be used to achieve the objective for bridging the gap between the international human rights standards and the treatment of this subject in domestic laws, policies and practices of Pakistan.

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