Abstract

Children throughout history have been a confused and neglected segment of the society. If we look back at ancient and early times, irrespective of the existence of natural parental love and affection, the legal status of children has been like property, chattels and belongings. The idea that children have human rights, or they are rights-bearer is a recent notion, however historically they have been considered unimportant and not much relevant. They have been considered subordinate and inferior physically, mentally, and biologically as well by “the nature”. The parens patriae (parents’ property) approach have been prevailing through centuries and pater familias (family head) have been the sui juris i.e., master, the supreme commander and veteran by law, of life and death of all subordinates to him, and any other under his subordination had the status of alieni juris i.e., having no control even over his/her own life. Children literally have been chattels in all the ancient times, i.e., Greek, and Roman societies. Children were lucky to be recognized as object of protection in 1924 when Geneva Declaration on the Rights of Child was adopted, and milestone was achieved in 1989 when they were recognized as rights holders by the UN Convention on the rights of the Child. Pakistan too after ratification of UN Convention, adopted enabling legislation to effect Convention into the legal system of Pakistan.