1. Discriminatory family code - Gender Index€¦ · 13 Section 310A of the Code of Criminal...

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PAKISTAN

1. Discriminatory family code

Under the Child Marriage Restraint Act of 1929, the minimum age of marriage is 16 years for

females and 18 years for males. The fine for early marriage is currently about USD 10, although a

recent bill has been proposed to increase the penalty to USD 1,000 and a possible jail sentence

of 2 years.1 The incidence of early marriage has fallen in the last decade.2007 Data from the UN

found that 10.8% of women ages 15-19 had been married. 2 The 2012 Demographic Health

survey found that 2.8% of married women aged 20-49 were married by their 15th birthday, a

figure that rose to 10.1% of women married before they turned 18.3 Significantly, the DHS

indicated a decline in the number of girls married before 18 as well as a rise in the median age at

first marriage among younger women, from 19.5 of women aged 25-49, as compared with 24.7

for men.4 In May 2014, the Sindh provincial assembly became the first in the nation to pass a bill

prohibiting early marriage, the Sindh Child Marriage Restraint Bill.5

In relation to parental authority, fathers are considered the natural guardian of children,

whereas mothers are merely “custodians.” In the event of divorce, Islamic Sharia law grants

custody of sons until the age of seven and of daughters until the age of 16 to their mothers.

Once children reach these ages, custody normally reverts to the father or his family.6

Apart from entitlement to maintenance for a limited period, the rights of divorced Muslim

women are not defined in any law, and there still remains no concept of ‘marital property’, a

division of combined assets at the time of dissolution of a marriage.7 Divorce is also difficult for

women of other religious faiths. At present, adultery is recognized as the only ground for

dissolving marriages under Christian law; while except for the Hindu Women’s Right to Separate

Maintenance and Residence Act, 1946, personal status laws of Hindus remain uncodified.8

Women have the legal right to acquire land via Islamic and state law; however, their inheritance

rights are governed by Islamic Sharia law. Women may inherit from their fathers, mothers,

husbands or children, and under certain conditions, from other family members, but their share

is generally smaller than that to which men are entitled. The social status attached to property

1 Khan (2014)

2 United Nations 2012 World Marriage Data

3 NIPS and Macro International (2013),Table 4.3

4 NIPS and Macro International (2013),Table 4.4

5 Law Department of the Government of Sindh

6 CEDAW (2005), p. 120-121

7 Zia (2012), p.15

8 Zia (2012), p.15

2

and land often makes it difficult for widows and daughters to inherit even their entitled shares,

as they may face opposition from the deceased man’s relatives.9 The 2011 Anti-Women

Practices Law makes it a punishable offence to deprive women of their inheritance rights.10

More

Although Pakistani law allows all citizens to choose their spouse freely under the 2011

Prevention of Anti-Women Practice Amendment Act, in practice many women are denied this

right, as forced marriages, and the practice of buying and selling brides reportedly continues in

rural areas.11 A 2012 Pew survey found that 59% of respondents believed that a family should

choose a husband for a woman; just six% believed that a woman should be free to choose her

own husband without the input of her family.12 Marriages are sometimes arranged in order to

settle disputes between different clans, particularly in rural areas. A 2004 amendment to the

Code of Criminal Procedure prohibits and punishes this with imprisonment of three to ten

years.13

The practice of ‘honour killing’ is forbidden by the law. It is included in the definition of “social

disorder” and perpetrators face a penalty between 10 and 14 years of prison.14

Polygamy is legal in Pakistan, although the husband needs to obtain written permission from his

existing wife or wives if he wants to marry another woman, and the practice is generally

frowned upon.15 Reportedly, men who decide to take more than one wife rarely obtain consent

and the required letter of permission from their first wives.16 However, the 2012-13 DHS found

that only 4% of married women and 3% of married men are in polygynous unions; down from

7% and 4% respectively in 2007.17

Pakistani women have limited rights to divorce under Sharia law, which can only be granted

under certain circumstances (e.g. if she has been deserted, if the husband is abusive, or if the

marriage was never consummated), or if the wife requests a ‘Khula’ divorce, in which case she

forfeits her dowry.18 In contrast, Pakistani men can repudiate (i.e. divorce their wives

unilaterally) although there is a requirement to go through a three-month arbitration process

with the local council.19However, many women are unaware of this. Pakistani women have the

right to pass citizenship onto their children.20

9 National Assembly (2011)

10 National Assembly (2011)

11 US Department of State (2013)

12 Pew Research Center (2012), Question Q.44

13 Section 310A of the Code of Criminal Procedure, inserted via the Criminal Law (Amendment) Act of 2004 in CEDAW

(2005), p. 23, 119 14

CEDAW (2011), p. 23 15

Muslim Family Law Ordinance of 1961, Section 6 in CEDAW (2005), p. 14 16

Hyat (2006) 17

NIPS and Macro International, Inc. (2013), Tables 4.2.1 and 4.2.2 18

CEDAW (2011), p.75; CEDAW (2005), p.119-120 19

CEDAW (2005), p.119-120 20

CEDAW (2011), p.61

3

2. Restricted physical integrity

There is no national domestic violence legislation. Although the National Assembly passed a bill

criminalizing domestic violence in August 2009, it lapsed without passing the Senate, and it was

ultimately decided that the provincial assemblies would be given the task of forming their own

laws. 21 Since then, a few states have proposed domestic violence legislation, such as that

introduced by the Sindh Assembly in 201322, however the commitment has been inconsistent

and slow. In this time the government has also passed the Criminal Law Act (Second

Amendment, 2011), referred to as the Acid Control and Acid Crime Prevention Act The Criminal

Law Act (Third Amendment, 2011), referred to as the Prevention of Anti-Women Practices Act.

However, it remains the case that there is no specific law covering all forms of gender-related

violence.23

Women have the legal right to press charges against their abusers, but rarely report incidents

for fear that their accusations will be distorted to place the blame back on them.24 The US

Department of State notes that police were reluctant to be involved in domestic violence cases,

often returning the woman to her abusive family members and encouraging them to reconcile.25

In 2006, the Gender Crime Cell was established within the National Police Bureau to gather,

collate and analyse data on gender-based violence, and the government reported that it also

runs emergency shelters across the country.26 However, NGOs report that these efforts are not

able to meet the demand, and are apparently often poorly run, under-staffed, and vastly

underfunded.27 The CEDAW Committee has also is also condemned the paucity of information

about the implementation of the standard operating procedures on the treatment of women

victims of violence and at the scarce number of shelters for victims.28 Burn victims face serious

problems, as there are only three recognized Government Burn Units in civil hospitals and three

in military hospitals.29

Despite the lack of legal framework, domestic violence continues to be a significant challenge

for Pakistan society; the majority of which goes un-reported. In 2013 the CEDAW Committee

expressed its concern at the high prevalence of domestic violence and marital rape related to

the absence of clear legislation criminalizing such acts.30 It is reported that beatings are

common, as well as other forms of domestic violence included torture, physical disfigurement,

and shaving the eyebrows and hair off women’s heads. Additionally, in-laws abused and

harassed the wives of their sons, and dowry and family-related disputes often resulted in death

or disfigurement by burning or acid.31 In 2011 the Government provided figures from the

21

The Domestic Violence Prevention and Protection Bill 2009 in CEDAW (2011), p.24 22

The Express Tribune (2013) 23

CEDAW (2013), p.3 24

CEDAW (2005), p. 87, 122-125 25

CEDAW (2013), p.8 26

CEDAW (2011), p.28 27

Zia (2012), p. 103-104 28

CEDAW (2013), p.6 29

Shirkat Gah (2013), p.12 30

CEDAW (2013), p.6 31

US Department of State (2013)

4

Ministry of Women Development Crisis Centres that there were 2,195 cases of domestic

violence between 2005 and 2008,32 but this is likely to be a vast underestimate. The 2012-13

DHS found that 39% of women age 15-49 have experienced physical and/or emotional spousal

violence, the majority of which was psychological.33 All forms of violence were higher in rural

areas. The data also shows that spousal violence increases linearly with the number of

controlling behaviours displayed by the husband.34

Rape is a criminal offence in Pakistan with sentences of 10-25 years imprisonment, although this

does not extend to spousal rape.35 Prior to the introduction of the Protection of Women Act in

2006, rape was not listed under the penal code, but appeared instead under the Hudood

Ordinance (enacted in 1979 to enforce Sharia law) as the crime of zina (extramarital sex), and

cases were tried under Sharia rather than criminal law.36 This had meant that women who

reported that they had been raped could themselves be charged, unless they were able to

provide testimony from four adult male witnesses, or the rapist confessed himself to the

crime.37

Under-reporting and inconsistent data collection makes it difficult to ascertain the number of

rapes each year, however rape and gang rape are reportedly widespread throughout all parts of

the country.38 The government’s 2011 report to the CEDAW committee notes that the

separation of rape from the crime of zina (which is still illegal) has led to an increase in reports

of rape.39 However, the US Department of State human rights report states that local NGOs have

reported that it is still very difficult for women to bring rape cases, as to do so requires applying

directly to the court, which is beyond the financial means of many women.40 The report also

notes cases where police have abused, threatened and even sexually assaulted rape victims, and

demanded bribes before agreeing to register a case, or where cases were dropped under

pressure or after receipt of a bribe from the perpetrator.41 Elsewhere NGOs have reported

insensitive attitudes of Medico-Legal Officers who are required to collect the required evidence

of rape.42

Due to the popularity of informal justice mechanisms, extrajudicial resolutions to rape

accusations were common, with a victim often forced to marry her attacker.43 Women from

religious minorities are also reportedly at risk of abduction for the purpose of forced conversion

and forced marriages.44 In addition, laws on rape and sexual assault do not specifically make

32

CEDAW (2011), p.82 33

NIPS and Macro International (2013), Figure 14.5 34

NIPS and Macro International (2013), Figure 14.7 35

US Department of State (2013) 36

Protection of Women (Criminal Laws Amendment) Act 2006, in CEDAW (2011), p.25 37

CEDAW (2005), p.117 38


CEDAW (2011), p.25 40





CEDAW (2013), p.10

5

incest a crime, which has serious implications for victims of incest, who are deterred from

coming forward and disbelieved by police, prosecutors and judges.45

Two laws addressing sexual harassment were introduced in 2010, with punishments of up to

three years imprisonment or a fine of 500,000 rupees (USD5880).46 It is thought to be a

widespread problem, particularly affecting domestic servants.47 In 2010 the country’s first

federal ombudsman was appointed for protection against harassment of women at work. Since

2010 the office had received 139 cases; the office disposed of 130 cases and nine were under

process.48

More

There is no evidence to suggest that female genital mutilation is practised in Pakistan.

So called ‘Honour killings’ are specifically criminalised in Pakistani law, with punishments of 10-

14 years in prison, and the CEDAW 2011 report notes that there have been some convictions

under the law.49 However, in 2013 the CEDAW Committee found that despite the provisions in

the Criminal Law (Amendment) Act of 2004 that criminalize offenses in the name of so-called

honour, the Qisas and Diyat ordinances continue to be applied in these cases, resulting in

perpetrators being given legal concessions and/or being pardoned and not being prosecuted

and punished. 50 The US Department of State cites NGOs figures showing that 2,773 honour

killings were reported between 2008 and 2012, and estimates that less than 2% of honour

killings are ever reported.51

Abortion is permitted in cases where the woman’s life is in danger, or provide “necessary

treatment” before the organs of the foetus have been formed, and otherwise remains

criminalized on all other commonly recognized grounds, including in cases of rape, incest, and

fetal impairment.52 However, legal abortion remains inaccessible to most women, particularly in

rural areas. In 2013 the CEDAW Committee expressed its concern over the lack of adequate

access to family planning services, restrictive abortion laws and the large number of women

resorting to unsafe abortions, as well as the lack of adequate post-abortion care services.53

Women in Pakistan have the right to use contraception and to access information about family

planning, although in practice, pressure from husbands and in-laws and restrictions on freedom

of movement can make it very difficult for younger women in particular to access reproductive

health services.54 Sindh Assembly recently passed a health bill which better protects the

45

Equality Now (2013), p.1 46

Criminal Law (Amendment) Act of 2010 and the Protection against Harassment at the Workplace Act of 2010 in CEDAW (2011), p.43 47



The Criminal Law (Amendment) Act 2004 in CEDAW (2011), p.23-24 50

CEDAW (2013), p.6 51


UN (2013) 53

CEDAW (2013), p.9 54

CRR (2013)

6

patients.55 Also, the National Assembly of Pakistan passed the Reproductive Healthcare and

Rights Act 2013.56 In its 2011 report to the CEDAW Committee, the government admitted that

the contraceptive prevalence rate had declined from 36% in 2005-2006 to 30% in 2006-2007.57

However, while contraceptive knowledge rates, at over 95% for modern methods, are very high

for currently married women58, usage rates are low. The 2012-13 DHS found that only 26% of

currently married women were using a modern method of contraception59, and among women

without children, over 99% were not using any form of contraception.60 About half of the

women not currently using contraception planned to use contraception in the future. However,

more than half of those who had no intention to use in the future cited a religious or familial

reason, such as leaving the number of children that they bore ‘up to God.’61

Pakistan is a source, transit, and destination country for women, and children subjected to

forced labour and sex trafficking, with a large percentage of trafficking occurring within the

country. Trafficking experts describe a structured system for forcing women and girls into

prostitution, including the presence of physical markets in which victims are offered for sale.

Women and girls are also sold into forced marriages; in some cases their new “husbands” move

them across international borders and force them into prostitution abroad, and in other cases,

sometimes organized by extra-judicial courts, the transaction is used to settle debts or

disputes.62 Research shows that there are about 264,000 child domestic servants in Pakistan,

most of whom are girls.63 NGOs have documented extensive violence and abuse against these

domestic workers, which goes largely unpunished. 64 The Prevention and Control of Human

Trafficking Ordinance 2002 and Prevention and Control of Human Trafficking Rules 2004 only

focus on external trafficking; therefore no law focuses on the issue of internal trafficking within

Pakistan’s borders.65 Two key bills that would address the trafficking of children into domestic

servitude have been waiting before the National Assembly to become laws for several years.66

3. Son bias

The male/female sex ratio at birth is 1.05 and for the working age population (15-64 years old)

is 0.89. 67 There is evidence to suggest that Pakistan is a country of moderate concern in relation

to missing women but the situation is improving. Hudson and others used census data to show

that close to six million Pakistani women were missing in 1998.68

55

The Express Tribune (2013) 56

Reproductive Health Matters Journal (2013) 57

CEDAW (2011), para 10 58

NIPS and Macro International (2013), Table 7.1 59




US Department of State (2013b) 63



Zia (2012), p.11 66


CIA (2014) 68

Hudson and Den Boer (2005), p. 22

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More

Data from the 2012-13 Demographic and Health Survey (DHS) indicates that boys are more likely

than girls to be fully immunized (56% versus 52%).69 Rates of under-five mortality were slightly

higher for boys than girls.70 Overall, this could indicate some preference towards boys in early

childhood care. Gender-disaggregated data regarding childhood malnutrition was not available.

With regards to stunting of children, a 2011 study among Pakistani primary school children aged

5-12 years old found that stunting and thinness were not significantly correlated with gender.71

More girls than boys attended both primary school (62.9 versus 56.5%, and middle/secondary

school (40 versus 34%).72 The Convention on the Elimination of all forms of Discrimination

Against Women (CEDAW) Committee reported that girls’ right to education is further

complicated by high illiteracy rates and high dropout rates, especially in the rural areas; which it

attributed to the prioritization of boys’ education over that of girls, the lack of qualified female

teachers and school infrastructure, and the long distances to school.73 The Pakistani Youth Policy

does not cover disability issues and has little focus on adolescents and adolescent girls in

particular.74

4. Restricted resources and assets

The law grants Pakistani women access to property other than land on the same grounds as

men. However, while there are no legal restrictions to women’s ownership rights in Pakistan,

discriminatory practices and norms prevail. Women in Pakistan are unable to exercise the rights

to land granted to them by constitutional, statutory, and religious law, under pressure of

customary law and traditional practice. Concerning access to land, women’s access to the

natural resources they depend on for their livelihoods is inherently insecure and easily lost in

times of scarcity. 75 The share of female land ownership is very low.76 A household survey,

published in 2005 profiled by the International Centre for Research on Women found that

women owned less than 3% of the land – even though people in 67 per cent of sampled villages

agreed that women had a right to inherit land.77 Further, in cases where women do own land,

they may not have actual control over it, as in reality, many women allow their husbands to

manage such property on their behalf.78

However, there are some promising initiatives: the Sindh Government has given land to landless

women in Pakistan in the last few years, through its Land Distribution Programme.79 Another

69

National Institute of Population Studies NIPS and Macro International (2013), Table 10.3 70

National Institute of Population Studies NIPS and Macro International (2013), p. xxiii 71

Mushtaq et al. (2011) 72


CEDAW (2013), p.7 74

National Youth Policy (2008), http://www.moya.gov.pk/national_youth_policy.html 75

USAID (2010), p.3 76

USAID (2011) 77

Mason and Carlsson (2004) 78

Mumtaz & Noshirwani (2006), p. 8-12; ADB (2000), p. 9-10; ADB (2008), p. 25 79

Participatory Development Initiatives (2009), Sindh Government’s Land Distribution Program (2009)

8

initiative supporting women is the Benazir Income Support Programme, which is the

government’s social safety net programme aiming at helping the poorest in the context of the

recent financial crisis.80

Section 18 of the Constitution grants all citizens the right to conduct any lawful trade or

business, and the government reported that all of the services of the formal banking sector are

available to women.81 Pakistani women are entitled to obtain bank loans and other forms of

credit, and a number of credit institutions now target women. However, their access is limited

by their inability to provide the required collateral. Increasingly, rural women are forming co-

operatives, often with the assistance of micro-credit lending institutions. However, recent

studies have raised concerns that micro-credit programmes are not always targeted to the

needs of rural women and tend to steer women towards traditional activities rather than

promoting their technological and entrepreneurial capacities. 82 According to 2011 World Bank

data, women were only slightly less likely than men to have obtained a loan in the past year.

While they were more likely to obtain that loan from a financial institution (1.9%, compared

with 1.2%); they were less likely to obtain it from a private lender (1.9 versus 2.6%); as well as

from family or friends (22.3%, compared with 23.9%).83 Additionally, NGOs have noted that

fewer women than men have the Computerized National Identity Cards required for voting,

inheritance and accessing Government as well as most private schemes, benefits, and

resources.84

These financial restrictions may have their origins in social attitudes. According to Pew research

79% of Pakistanis share the view that a marriage where the husband bears the financial

responsibility while the wife cares for the house and children is more satisfying; compared with

just 18% of Pakistanis who favour a non-traditional approach.85 82% of those surveyed also felt

that that men should have more of a right to a job than women during tough economic times is

prevalent in nine of the countries surveyed.86 In Pakistan the value of a woman’s testimony in

court is considered half that of a man’s in financial matters.87

5. Restricted civil liberties

Social norms that reinforce women’s primary responsibility as a wife and mother are very strong

in Pakistan. Her sphere is the household, and her behaviour reflects upon the honour of her

whole family. Because of this, women’s access to public space is often circumscribed,

particularly in regard to mobility.88 Although women have the legal right to freedom of

movement, widespread discriminatory practices limit their ability to exercise this right,

80

ODI (2010) 81

CEDAW (2011), p.71 82

CEDAW (2005), p. 104, 110; ADB (2008), p. 26-27 83

World Bank (2011) 84


Pew (2012), Q93 86

Pew (2012), Q69c. 87

UNDP (2010), p.131 88

CEDAW (2005), p. 126; ADB (2008), p. 15-16.

9

particularly in Taliban-controlled tribal areas.89 Women are often harassed when taking public

transportation.90At its most extreme, ‘honour’ killings and the practice of purdah severely

circumscribe the civil liberties of women. However, women do have the right to apply for

passports on the same grounds as men.91

Rights to freedom of speech, assembly and association are often violated in Pakistan.92 There

are a large number of active and vocal NGOs working on women’s rights issues; the 2011

CEDAW report notes that ‘women are prominent in the NGO sector, and women head the best

known and most effective organizations associated with enabling women to access their rights

and entitlements.93 Among women’s organisations, Women’s Action Forum (WAF) does some

work to challenge discriminatory legislation against women, the exclusion of women from

media, sports and cultural activities and dress codes for women, among other issues. Their

activism has inspired other women to create women’s rights groups and resource centres.94

Shirkat Gah is another NGO that works to ensure women’s rights in Pakistan.95

However, Freedom House reports that NGOs women’s education and empowerment, and

female NGO staff in general, have faced have faced threats, attacks, and a number of murders at

the hands of radical Islamists, particularly in the north of the country.96 In addition NGOs

reported to CEDAW that 2012 and 2013 saw the brutal killing of women’s rights activist Farida

Afridi and the murder or serious injury of twenty additional human rights defenders in the past

four months in five separate incidents.97 Girls and co-education schools have come under

particular attack from Taliban extremists in recent years.98 Among their restricted civil liberties,

women also face difficulties with authorities in place when exercising their right to file a First

Investigation Report (FIR). For example, there were reports in 2012 that authorities filed FIRs

without supporting evidence to harass or intimidate detainees or did not file them when

adequate evidence was provided unless the complainant paid a bribe.99

Although there are no legal restrictions on women’s ability to stand for elected office or

otherwise participate in political activity, some reports claim that restrictions on women’s

mobility have been used to prevent women from voting or submitting candidatures for

election.100 By law 33% of seats in the local elected bodies and 17% of seats in the National

Assembly, provincial assemblies, and the Senate are reserved for women.101 As of 2014 there

were 67 women serving in the National Assembly (20.7%); and 17 (16%) women in the upper

89

CEDAW (2005), p. 46; ADB (2008), p. 15-16 90

Pakistan Today (2011), 91

Passport application forms The Passport Rules, 1974, Art. 4; CEDAW (2005), p. 54 92

Freedom House (2013) 93

CEDAW (2011), p.60 94

WAF (n.d.) 95

Shirkat Gah (2013) 96

Freedom House (2013) 97


Human Rights Watch (2013), p.1 99

UK Home Office (2013) 100

CEDAW (2005), p. 35-37, 46 101

CEDAW (2005), p. 45

10

house.102 However, despite the legal quotas that make it easier for women to participate in

public life, public opinion lags behind. In a 2012 Pew opinion poll, 62% of respondents believed

that men make better political leaders than women, while 19% answered that men and women

were equally capable. Only 10% believed women were better.103 The CEDAW Committee also

found that patriarchal attitudes and deeply rooted stereotypes regarding the roles of women

and men in society result in the forced disenfranchisement of women and impede and

discourage their participation in elections (as candidates and voters). It also reiterated its

concern at the low participation of women in the judiciary in the superior courts and the total

absence of women judges in the Supreme Court.104

Women are discriminated against in terms of citizenship. As per the Citizenship Act 1951,

foreign husbands of Pakistani wives do not get automatic citizenship, as is the case with foreign

wives of Pakistani men.105

The role of the media is also important in perpetuating gender stereotypes. While the increased

and rapid growth of this industry has created employment opportunities for women, it is still

very difficult for women to be treated as equals.106

Pakistan offers women 12 weeks of paid maternity leave at 100% of their wages, paid for by

their employer.107 However there is no other protection for expectant mothers written into law,

and the current law lacks sufficient enforcement mechanisms. The large number of women

employed in the informal sector and in agriculture as unpaid family workers means that they are

not covered by maternity laws.108 However the 2012 Pew Global Attitudes Survey shows that

only 29% of Pakistanis believe women should be able to work outside of the home.109

102

IPU (2014) 103

Pew (2012), Q.44 104

CEDAW (2013), p.7 105

Zia (2012) 106

ILO (n.d.) 107

ILO (n.d) 108

CEDAW (2013), p.8 109

Pew (2012), Q. 69b

11

Sources

Asian Development Bank (ADB) (2000), ‘Women in Pakistan, Country Briefing Paper’, Programs

Department and Office of Environment and Social Development, Manila.

Asian development bank (ADB) (2008) Releasing Women’s Potential Contribution to Inclusive

Economic Growth: Country Gender Assessment: Pakistan, ADB: Manila, Philippines.

CEDAW (2011) Consideration of reports submitted by States parties under article 18 of the

Convention on the Elimination of All Forms of Discrimination against Women Fourth periodic

reports of States parties Pakistan, CEDAW/C/PAK/4, CEDAW, New York.

CEDAW (2013), Concluding observations on the fourth periodic report of Pakistan, adopted by

the Committee at its fifty-fourth session (11 February–1 March 2013), 27 March 2013

CEDAW/C/PAK/CO/4.

Central Intelligence Agency (CIA) (2013) ‘The World Factbook: Pakistan, online edition,

Washington, D.C.: CIA, https://www.cia.gov/library/publications/the-world-

factbook/geos/th.html last accessed April 2014.

Centre for Reproductive Rights (CRR) (2013), ‘Supplementary information on Pakistan,

scheduled for review by the Committee on the Elimination of Discrimination against Women

during its 54th Session’, January 24, 2013,

http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/PAK/INT_CEDAW_NGO_PA

K_13270_E.pdf last accessed April 2014.

Committee on the Elimination of Discrimination against Women (CEDAW) (2005), Consideration

of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of

All Forms of Discrimination against Women: Pakistan, Combined Initial, Second and Third

Periodic Report of States Parties, CEDAW/C/PAK/1-3, CEDAW, New York, NY.

Equality Now ‘Information on Pakistan for consideration by the Committee on the Elimination of

Discrimination against Women at its 54th Session’, January 2013,


K_13271_E.pdf, last accessed April 2014.

Freedom House (2013) ‘Freedom in the World country reports: Pakistan’,

http://www.freedomhouse.org/report/freedom-world/2013/pakistan#.Uz829q1dUpo.

Hudson, V. and A. Den Boer (2005), “Missing Women and Bare Branches: Gender Balance and

Conflict”, ECSP (Environmental Change and Security Program) Report, No. 11, The Woodrow

Wilson International Centre for Scholars, Washington, DC.

Human Rights Watch (2013) ‘Submission on the Fourth Periodic Report of Pakistan to the United

Nations Committee on the Elimination of Discrimination against Women’, January 28, 2013,



https://www.cia.gov/library/publications/the-world-factbook/geos/th.html

https://www.cia.gov/library/publications/the-world-factbook/geos/th.html

http://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/PAK/INT_CEDAW_NGO_PAK_13270_E.pdf






12

Hyat, K. (2006), ‘Pakistan: Polygamy Allowed by Law but Socially Taboo’, Voices Unabridged: The

E-Magazine on Women and Human Rights Worldwide.

International Centre for Research on Women (ICRW) (2005), Property Ownership for Women

Enriches, Empowers and Protects: Toward Achieving the Third Millennium Development Goal to

Promote Gender Equality and Empower Women, ICRW, Washington, DC.

International Labour Organization (ILO) (n.d), Database of Conditions of Work and Employment

Laws, ILO: Geneva, Switzerland.

http://www.ilo.org/asia/info/public/features/WCMS_234840/lang--

en/index.htm?utm_content=buffer5eaf4&utm_medium=social&utm_source=twitter.com&utm

_campaign=buffer.

Inter-Parliamentary Union (IPU) (2013), ‘Women in Parliament: All Countries on National

Parliaments’, IPU: Geneva, http://www.ipu.org/wmn-e/classif.htm, last accessed April 2014.

Japanese International Cooperation Agency (JICA) (2008), Pakistan: Country Gender Profile, JICA:

Islamabad, Pakistan.

Khan, W and Henry Austin (2014) ‘Girls 'Treated as Cattle': Child Brides Divide Pakistan’, NBC

News, March 29th 2014, http://www.nbcnews.com/news/world/girls-treated-cattle-child-

brides-divide-pakistan-n65956, last accessed April 2014.

Klasen, K. and C. Wink (2003), ‘Missing Women: Revisiting the Debate’, Feminist Economics, Vol.

9, No. 2-3, Routledge, London.

Law Department of the Government of Sindh.

http://www.lawdepartment.gos.pk/Bill.aspx?MenuID=MID-000012&Bill_Year=2013 (accessed

20/05/2014).

Mason K. and H. Carlsson (2004), ‘The Impact of Gender Equality in Land Rights on

Development,’ conference paper cited in International Centre for Research on Women (ICRW)

(2005), Property Ownership for Women Enriches, Empowers and Protects.

Mushtaq et al. (2011), Prevalence and socio-demographic correlates of stunting and thinness

among Pakistani primary school children,

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3209698/pdf/1471-2458-11-790.pdf.

National Assembly (2011) A bill to prohibit certain practices leading to exploitation and

discrimination against womenfolk,

http://www.na.gov.pk/uploads/documents/1321415693_161.pdf, last accessed April 2014.

National Institute of Population Studies (NIPS) [Pakistan], and Macro International Inc. 2008.

Pakistan Demographic and Health Survey 2006-07. Islamabad, Pakistan: National Institute of

Population Studies and Macro International Inc.

http://dhsprogram.com/pubs/pdf/FR200/FR200.pdf.

http://www.nbcnews.com/news/world/girls-treated-cattle-child-brides-divide-pakistan-n65956

http://www.nbcnews.com/news/world/girls-treated-cattle-child-brides-divide-pakistan-n65956

http://www.lawdepartment.gos.pk/Bill.aspx?MenuID=MID-000012&Bill_Year=2013

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3209698/pdf/1471-2458-11-790.pdf

http://www.na.gov.pk/uploads/documents/1321415693_161.pdf

http://dhsprogram.com/pubs/pdf/FR200/FR200.pdf

13

Overseas development Institute (ODI) (2010), The Benazir Income Support Programme and the

Zakat Programme, A Political Economy Analysis of Gender,

http://www.odi.org.uk/sites/odi.org.uk/files/odi-assets/publications-opinion-files/7247.pdf.

Pakistan Today (2011), Harassment on public transportation a daily ordeal for women,

http://www.pakistantoday.com.pk/2011/10/20/city/islamabad/harassment-on-public-

transportation-a-daily-ordeal-for-women/.

Participatory Development Initiatives (2009), Sindh Government’s Land Distribution Program:

Issues & Challenges, Study Report 2009,

http://pdi.org.pk/reports/Sindh%20Government's%20Land%20Distribution%20Program-

Issues%20and%20Challenges.pdf.

Pew Research Centre (2007), Global Attitudes Project: Spring 2007 Survey, Pew Research

Centre: Washington, DC, http://www.pewglobal.org/category/publications/.


Centre: Washington, DC, http://www.pewglobal.org/category/publications/, last accessed April

2014.


Centre: Washington, DC, http://www.pewglobal.org/category/publications/, last accessed April

2014.

Reproductive Health Matters Journal (2013), Pakistan passes Reproductive Health Care and

Rights Act 2013, http://www.rhmjournal.org.uk/news.php?newsID=1511.

Shirkat Gah (2013) Obstructing Progress: Growing Talibanisation & Poor Governance in Pakistan

CEDAW Shadow Report January 25, 2013,



Sindh Government’s Land Distribution Program: Issues & Challenges, Study Report 2009,

http://pdi.org.pk/reports/Sindh%20Government's%20Land%20Distribution%20Program-

Issues%20and%20Challenges.pdf

The Express Tribune (2013) ‘Celebrating milestones: With the domestic violence act, the hurly-

burly’s done, but the battle hasn’t been won’ April 1 2013

http://tribune.com.pk/story/529300/celebrating-milestones-with-the-domestic-violence-act-

the-hurly-burlys-done-but-the-battle-hasnt-been-won/, last accessed April 2014.

The Express Tribune, Seal of approval: PMA appreciates new healthcare commission bill by

Sindh Assembly, 28 February 2014, http://tribune.com.pk/story/677035/seal-of-approval-pma-

appreciates-new-healthcare-commission-bill-by-sindh-assembly/.

UK Home Office (2013), Pakistan Country of Origin Information (COI) Report,

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257637/repor

t-09082013.pdf.

http://www.odi.org.uk/sites/odi.org.uk/files/odi-assets/publications-opinion-files/7247.pdf



http://tribune.com.pk/story/529300/celebrating-milestones-with-the-domestic-violence-act-the-hurly-burlys-done-but-the-battle-hasnt-been-won/




http://tribune.com.pk/story/677035/seal-of-approval-pma-appreciates-new-healthcare-commission-bill-by-sindh-assembly/

http://tribune.com.pk/story/677035/seal-of-approval-pma-appreciates-new-healthcare-commission-bill-by-sindh-assembly/

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257637/report-09082013.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257637/report-09082013.pdf

14

UN (2012), ‘World Marriage Data 2012’, UN Department of Economic and Social Affairs,

Population Division, New York, NY,

http://www.un.org/esa/population/publications/WMD2012/MainFrame.html, accessed April

2014.

UN (2013) ‘World Abortion Policies 2013’, UN Department of Economic and Social Affairs,

Population Division, New York,

http://www.un.org/en/development/desa/population/publications/pdf/policy/WorldAbortionP

olicies2013/WorldAbortionPolicies2013_WallChart.pdf, last accessed April 2014.

United Nations Development Programme (UNDP) (2010) ‘The Asia Pacific Human Development

report: Power Voice and Rights: A Turning point for Gender Equality in Asia and the Pacific’,

http://hdr.undp.org/en/reports/regional/asiathepacific/RHDR-2010-AsiaPacific.pdf, last

accessed April 2014.

UNICEF (2013), ‘State of the World's Children Report 2013’, UNICEF (2013),

http://www.unicef.org/mena/MENA_SOWC_Report_2013_ENG(1).pdf, last accessed April 2014.

US Department of State (2013), ‘2012 Country Reports on Human Rights Practices: Pakistan, US

Department of State, Bureau of Democracy, Human Rights and Labour, Washington, DC,

http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/#wrapper,last accessed April 2014.

US Department of State (2013b) ‘Trafficking in Persons Report 2013’ Department of State,

Bureau of Democracy, Human Rights and Labour, Washington DC,

http://www.state.gov/documents/organization/210737.pdf, last accessed April 2014.

USAID (2010) ‘PAKISTAN—LAND TENURE AND PROPERTY RIGHTS PROFILE’

http://usaidlandtenure.net/sites/default/files/country-profiles/full-

reports/USAID_Land_Tenure_Pakistan_Profile_0.pdf, , last accessed April 2014.

USAID (2011) Women’s Empowerment in Pakistan,

http://www.af.org.pk/gep/deskStudies/Women_s%20Empowerment.pdf, last accessed April

2014.

Who World Health Organization (Who) (2010), Trends in Maternal Mortality: 1990 To 2008:

Estimates Developed By WHO, UNICEF, UNFPA And The World Bank,

http://www.who.int/reproductivehealth/publications/monitoring/9789241500265/en/, last

accessed April 2014.

Women Living under Muslim Laws (n.d.), Women's Action Forum (WAF)

http://www.wluml.org/contact/wrrc/content/womens-action-forum-waf

World Bank (2011) ‘Global Findex’

http://datatopics.worldbank.org/financialinclusion/country/Pakistan, last accessed April 2014.

Zia, Maliha, Riffat Butt (2012), ‘Pakistan NGO Alternative Report on CEDAW’,



http://hdr.undp.org/en/reports/regional/asiathepacific/RHDR-2010-AsiaPacific.pdf

http://www.unicef.org/mena/MENA_SOWC_Report_2013_ENG(1).pdf

http://usaidlandtenure.net/sites/default/files/country-profiles/full-reports/USAID_Land_Tenure_Pakistan_Profile_0.pdf

http://usaidlandtenure.net/sites/default/files/country-profiles/full-reports/USAID_Land_Tenure_Pakistan_Profile_0.pdf

http://www.af.org.pk/gep/deskStudies/Women_s%20Empowerment.pdf

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