The right of children to identity is globally recognized, with the United Nations Convention on the Rights of the Child (UNCRC) emphasizing its critical importance. As a signatory to this convention, Pakistan has committed to upholding and protecting this right. Yet for many children in the country, access to legal identity remains a distant dream. Orphans, street children, and those without parental presence often struggle to gain legal recognition. This issue stems largely from weak advocacy, and a lack of policy focus and implementation on identity rights for vulnerable children. The right of children to identity recognized by the state should be made more accessible so that they are not left out in the future.

Constitutional Guarantees

Pakistan’s Constitution offers a strong legal foundation. Article 9 ensures the right to life and liberty, recognizing personal identity as central to human dignity. Article 25 promotes equality and prohibits discrimination based on gender. Every child, thus, enjoys these guarantees right to personal identity for the children along with the rights to life and liberty, without discrimination.

Judicial precedents

Pakistan’s judiciary has repeatedly underscored the state’s obligation to protect children without parental care. In a landmark case in 2014, the Supreme Court directed provincial chief secretaries to assist the National Database and Registration Authority (NADRA) in registering orphans and abandoned children. The petition, filed by philanthropist Abdul Sattar Edhi, responded to NADRA’s refusal to register children without legal guardians.

Justice Azmat Saeed Sheikh noted that such children should not suffer for being abandoned and that their welfare is state responsibility. In two other cases, the Sindh High Court and the Lahore High Court ordered authorities to take prompt action to register identities of children with unknown parentage and to uphold the fundamental rights of the children provided in the constitution. These cases, in combination, assert the responsibility of the state to ensure welfare of children, of which right to identity is a crucial part.

Lack of Implementation

Despite clear directives and frameworks, implementation remains patchy. A UNICEF report highlights Pakistan’s alarmingly low birth registration rate—only 34% of children under the age of five are registered. The report cites inconsistent provincial implementation of Local government laws related to birth and death registration of children. and limited outreach. This disproportionately affects abandoned children and those born to single or unwed mothers—exposing them to exploitation, trafficking, and child labor.

Although Pakistan has ratified multiple international conventions on child rights such as United Nations Convention on the Rights of the Child (UNCRC) and it’s Optional Protocol on the sale of children, enforcement lags. These conventions together create a web of policy recommendations and laws that define, promote, and protect the basic rights of all children. Furthermore, they define state responsibility to prevent harm to children.

Weak institutional capacity, lack of resources, and bureaucratic red tape create serious implementation challenges. Orphans and abandoned children, in particular, struggle to access legal identity due to inconsistent enforcement of international conventions across provinces. This disconnect between policy and practice underscores the urgent need for systemic reform.

Recommendations

More inclusive registration mechanisms are needed to ensure that all vulnerable children, including those outside institutional care, are not excluded. Lessons from international best practices provide valuable insights. Bangladesh significantly improved registration rates between 2005 and 2008 by linking birth registration with immunization services. Case studies in the Gambia and Ghana show that linking child registration with health programs can significantly improve child registration.

Pakistan can adopt similar models by leveraging its robust public health infrastructure. Integrating birth registration with immunization and child health services could accelerate outreach, especially in rural areas. Mobile registration plants in Albania, for example, were able to identify and register mobile populations.

Another promising approach is to link registration with social safety nets. Nepal’s Child Grant Programme made birth registration a prerequisite for cash support. Bolivia tied school stipends to children’s registration status. These conditional cash transfer models incentivize early registration.

To create meaningful change, NADRA, which is the national body for the issuance of national identity cards, must expand its orphan registration policy to cover street children and those at risk of exploitation. Officers must be trained to facilitate registration even in the absence of one or both parents.

In conclusion, lack of legal identity continues to be a formidable barrier for Pakistan’s most vulnerable children. Despite constitutional guarantees, judicial directives, and progressive policies, the absence of effective implementation leaves many excluded from basic rights and protections. Implementation of the already given framework by international organizations, supported by the judicial precedents, and international best practices, is necessary. Only then can Pakistan fulfill its constitutional and international obligations to ensure that every child is recognized, protected, and empowered through legal identity.