Book Description

In this paper, we shall describe the importance of the Convention on the Rights of the Child (CRC), which is the primary document for the protection of children. Considerable criticism of the Convention has emerged in the United States. This criticism may be seen as the other side of the picture. Accordingly, we shall follow up the description of the CRC with the criticism levelled against the Convention under the heading “United States and Criticism of the CRC.” The discussion of the criticism will be followed by a description of the position taken by countries with Muslim majorities, especially their reliance on Islamic lawor its provisions, while appreciating and accepting the principles laid down in the Convention. For doing so we shall be relying ssentially on reports submitted by some of these countries, as is required under the Convention. This description is also intended to show that the follow up procedures have been designed in such a way that, after ratification, the monitoring Committee formed under the Convention continues to question the actions taken by Muslim or other States. We shall go into a little more detail about the position of Pakistan to elaborate this. The Convention is detailed and complex and each of its provisions cannot be analysed here in terms of Islamic law, however, we shall identify some of the basic principles of this document to show that Islamic law can make a significant contribution in this area, and should be treated as a powerful tool for the implementation of these and other rights. Finally, the conclusion will summarise the recommendations we wish to make in the light of the findings in this paper.