Rabia Mustafa
A juvenile justice system may comply with the law on paper and remain incomprehensible to the child passing through it. A child may be arrested, told about an allegation, informed of the right to remain silent, given a lawyer, offered diversion, brought before a court and finally given a court order or rehabilitation plan. At every stage, procedures may formally be followed. Yet one fundamental question can remain unanswered:
Did the child actually understand what was happening?
This raises some basic but important questions. Does the child understand the language used by the police? Does the child understand what they are accused of? Does the child know what the right to remain silent really means? Can the child properly communicate with their lawyer? If diversion is offered, does the child understand what it means and what its consequences are? Can the child follow what is happening in court? And, at the end, does the child understand the judgment, probation order or rehabilitation plan?
These questions are particularly important in Pakistan. Legal proceedings can be difficult even for adults to understand. For children, age, maturity, education, literacy and social background can make them even more difficult. Language creates another problem. Most laws and much formal legal work are in English. Police and courts may use English and Urdu, while a child’s first language may be Punjabi, Pashto, Sindhi, Balochi, Saraiki or another language. Simply translating legal words into another language does not always make them understandable. A child may understand the words but still not understand their legal meaning and consequences.
The international approach to juvenile justice is also changing. UNICEF’s Reimagine Justice for Children agenda calls for justice systems in which children know and can claim their rights, receive legal assistance, have access to child-friendly courts, benefit from diversion where appropriate, and are protected from unnecessary detention.
Similarly, diversion cannot be truly meaningful if a child agrees to it without understanding what they are agreeing to. Having a lawyer is important, but legal representation becomes less effective if the child cannot understand or communicate properly with the lawyer. Allowing a child to speak in court is also not enough if the child does not understand what is happening around them.
The question “Was the child informed?” should be replaced with “Did the child understand?”
The Convention on the Rights of the Child (CRC) provides an important foundation for this approach. Article 12 gives children the right to express their views in matters affecting them. Article 40 provides special protections for children in conflict with the law. But meaningful participation requires a child to be present or speak and also requires providing them enough information and understanding to take part properly in the process.
The UN Committee on the Rights of the Child explains this more clearly in General Comment No. 24 (2019). Children must be able to understand the language used throughout the justice process, with free help from a trained interpreter when needed and child-friendly language used at every stage.
Research also shows why this topic matters. Forde and Kilkelly (2024) found that simply giving written information to children is not enough. Information may need to be explained verbally, and professionals should make sure that the child has actually understood it. Research on children questioned by police shows that misunderstanding can easily go unnoticed. In their study in Ireland, Forde and Kilkelly interviewed children who had experienced police questioning, as well as police officers, lawyers and supporting adults. Some children understood police questions without difficulty, while others struggled with difficult or technical words and became confused. Police officers themselves recognised the importance of using simple language and checking children’s understanding.
One important finding was that children do not always say when they are confused. Some simply wanted to answer the questions and leave the police station. Others might have felt uncomfortable admitting that they did not understand. This means that simply asking: “Do you understand?” and receiving the answer: “Yes” may not be enough.
Pakistan’s Juvenile Justice System Act, 2018 (JJSA) provides important protections for children in conflict with the law. Section 3 gives a juvenile the right to legal assistance at state expense and requires a legal practitioner to inform the juvenile of their legal rights within twenty-four hours of being taken into custody.
There is another particularly important provision in section 14(1)(d). When preparing a report for the Juvenile Court, the probation officer is required to report on:
“all legal and appropriate assistance provided at all levels to juvenile for his understanding, concept and consequences, even to the child’s family and guardian”.
This provision is important because it goes beyond simply asking whether a lawyer or other assistance was provided. It specifically refers to the juvenile’s understanding and the consequences of what is happening. The words “at all levels” are also important. They suggest that helping the child understand should continue throughout the justice process rather than being limited to one stage.
The JJSA already provides a legal basis for asking deeper questions:
In what language were the child’s rights explained?
Were they explained according to the child’s age and level of education?
Did the child understand the role of the lawyer?
Did the child understand the right to remain silent?
Did the child understand diversion before agreeing to it?
Could the child follow what was happening in court?
Did the child understand the final order and what was expected afterwards?
These are not minor procedural matters. They determine whether the rights given by law are real and meaningful rights for the child.
The issue has become even more important following the UN Committee on the Rights of the Child’s 2026 Concluding Observations on Pakistan.
The Committee recognised steps taken by Pakistan, including the JJSA 2018 and the establishment of child courts. At the same time, it raised serious concerns about the implementation of juvenile justice. Among other measures, it recommended stronger implementation of the JJSA, specialised child courts and procedures, trained judges, free specialised legal assistance from an early stage, and greater use of diversion and mediation. The Committee also expressed concern about the limited participation of children in Pakistan and called for procedures that allow children to be properly heard in legal proceedings.
Legal representation is one of the most important protections available to a child in conflict with the law. A child in conflict with the law should be able to understand and communicate with the lawyer. A lawyer dealing with a 15-year-old cannot communicate in the same way as with an adult client. The allegation, legal rights, evidence, available choices and possible consequences should be explained in language the child can understand. The lawyer should also be able to recognise when a child appears to agree but is actually confused.
The same responsibility applies to everyone involved in juvenile justice. Police officers should explain allegations and rights in child-friendly language. Prosecutors should recognise the special position of children. Judges should make sure that children can follow court proceedings instead of simply sitting silently in court. Probation and social-welfare officers should explain rehabilitation plans in practical terms. Court orders should also be explained so that the child understands what has been decided, why it has been decided, and what happens next.
Pakistan does not simply need another statement that juvenile justice should be child-friendly. That principle already exists in international standards and in important parts of Pakistani law. The greater challenge is putting it into practice. This will require simple and child-friendly explanations, appropriate use of Urdu and regional languages, better communication training for police officers, lawyers, prosecutors, judges and probation officers, and ways of identifying children who have language, learning, or communication difficulties.
A child can be gently asked to explain in their own words what they understand, what choices they have, and what they think will happen next. This can help show whether information has merely been given or has actually been understood.
The JJSA was an important step forward for Pakistan. But passing a law is only the beginning. The CRC Committee’s 2026 observations show that implementation, legal assistance, specialised institutions, diversion and meaningful participation still need serious attention. Pakistan’s juvenile justice reform should focus on the level of understanding of a child in the justice process they are going through. What is now needed is to put these principles into everyday practice so that a child is not only informed, represented or heard, but is also able to understand, communicate and participate meaningfully in the justice process.
Rabia is Director of Research and Publications and the co-author of the book “Juvenile Justice Theory and Practice”.
