IMPLEMENTATION OF CHILD RIGHTS CONVENTION (CRC) ON RIGHT TO EDUCATION IN PAKISTAN AND AFGHANISTAN: A LEGAL ANALYSIS

Abstract

This dissertation examines the application of the Convention on the Rights of the Child (CRC) in Pakistan and Afghanistan, focusing on the right to education. Both countries, as CRC signatories, are legally obligated to ensure free and compulsory primary education for all children without discrimination. However, implementation remains challenged by political instability, legal ambiguity, cultural norms, and weak policy enforcement. Employing a qualitative doctrinal legal methodology, the study analyzes primary legal texts, including constitutional provisions, national education laws, CRC guidelines, and case law, alongside secondary sources and international best practices. Pakistan's 18th Amendment, introducing Article 25-A, and Afghanistan’s Article 43 of the 2004 Constitution affirm the right to education. Despite these legal provisions, challenges such as gender inequality, poverty, inadequate infrastructure, and security concerns persist—particularly affecting girls, displaced populations, and minorities. The Taliban’s return in 2021 has further eroded educational access in Afghanistan. The study highlights the role of international organizations, civil society, and community-based initiatives in promoting education rights. It concludes with policy recommendations emphasizing political commitment, inclusive policymaking, funding, and global cooperation to enhance CRC compliance and ensure equitable, quality education for all children.

Keywords:
Right to Education, CRC, Pakistan, Afghanistan, Educational Inequality.