HUMAN RIGHTS

IN THE LIGHT OF
CONSTITUION
OF PAKISTAN
 Human beings are born free, but they face a
multitude of challenges that eventually rob
them of their freedom and turn them into
slaves.

HUMAN A variety of national and international

initiatives have been made to provide and
preserve fundamental human rights.
RIGHTS IN
PAKISTAN Women are seen as essential members of
any Society Women's equal involvement is
critical to putting our country on the path to
success. Following domestic violence,
honour killing is another issue that must be
addressed promptly.
 Covid- 19 has caused a massive
public health disaster over the wor ld,
with Pakistan being no exception.

Right to
Health Health care institutions suffered a
serious scarcity of PPE during the start
of the COVID- 19 epidemic. Doctors
were photographed treating suspected
COV ID-19 patients while wearing
plastic bags rather than face
masks,safety suits,and gloves.
 "

It is somewhat astonishing, at the highest governmental

level, that health is still not recognised as a basic right under
Pakistan's 1973 constitution.
The fundamental right to life is addressed in A rticle 9 of the
constitution.

'-
 In the Pakistan Constitution, education was
only recently designated a basic, justiciable,
and enforceable right.

The Islamic Republic of Pakistan's 1973

Right to Constitution merely stated in article 37-bthat

the state must "eliminate illiteracy and offer
free and obligatory secondary education

Educatoin within the shortest possible time."

The Right to Free and Compulsory Education

reaffirms the constitutional right of all
children aged five to sixteen years to free
and compulsory education.
To prevent the spread of COVID-19,the
government shuttered schools and
institutions for nearly one year, requiring
lessons to be held online.

Internet connectivity remained insufficient,

with 68 percent of the population having
limited or no access,particularly in outlying
locations. Many students' right to an
education was jeopardised as a result of
this, since they were unable to attend
lessons due to a shortage of equipment or
limited internet connectivity.
 "women rights a re human rights." These
words have become a rallying cry for
millions of women and men throughout
the world who are actively working to
secure women' s rights.

Marriages involve the trading, sa le, and

purchase of women. They a re given
litt le opportunity to make decisions for
Women themse lves in order to improve their lives'
circumsta nces.
Rights Women from the upper a nd middle
classes,on the other hand, have more
access to education a nd work
possibilities and may have greater
influence over their life.
The Women's Protection Bill, enacted by
Pakista n's Nationa l Assembly on
November 15, 2006, is an effort to alter
the severely criticised Hudood Ordinance
rules of 1979, which control the penalties
for rape and adultery in Pakista n.

From 2012 to 2017, the Punjab

government introduc ed and executed
a number of key initiatives to combat
violence against women and to promote
women's economic and social
empowerment.
 The freedom to change and select one's faith
is guaranteed by international law in all
situations, and people's fundamental rights
cannot be violated.

Muhammed Ali Jinnah, Pakistan's founding

Freedom of father,attempted to chart a pathway for the

country that avoided religious divides.

Religoin
Despite the fact that Pakistan was formed as
a Muslim nation, Jinnah felt Islam could serve
as a unitingfactor and that Pakistanis had a
responsibilityto respect the ideals of religious
freedom and to respect the rights of religious
minorities.
"All individuals are equally entitled to
freedom of conscience and the right to free
ly profess, practise, and spread religion
subject to public order,
morality, and heaIth," according to Article
25. Furthermore, Article 26
states that all faiths are free to conduct
their own religious affairs.
Artic le 20 of the Pakistani Constitution
provides religious [Link]
government is
obligated to protect the basic rights of
all citizens without discrimination
based on religion,creed,or belief.
• Human rights are rights inherent to all human
beings, whatever our nationality, place of
Basic
residence, sex, Definition
national or ethnic origin, color,
religion, language, or any other status. We are all
equally entitled to our human rights without
discrimination. These rights are all interrelated,
interdependent and indivisible.
 Substantive rights

1. Right to life
2. Right to a fair trial
3. Freedom from to rture
4. Freedom from s lavery
s. Freedom of speech
6. Freedom of thought, conscience
and relig ion
7. Freedom of movement
• The present age is described as the "age of rights"
Introduction:
and human rights as the "only political moral idea
that has received universal acceptance."
• The codification of international law relating to
human rights ranks as some of the most
noteworthy achievements of man in the twentieth
century. Founded on the Universal Declaration of
Human Rights (UDHR),
• human rights law is now an indispensable part of
the international landscape.
Continued . . .
• Human rights do not, of course, negate
the sovereignty of states, although they
constrain it in important ways.
International law does not replace
national law; rather, international law
instructs sovereign states on
internationally accepted human rights
and, for the most part, leaves it to states
to implement those norms domestically.
 The Concept of human rights

• Human dignity

• Universality

• Inalienability

• Indivisibility
 EVOLUTION
• The International Labour Organization (1919) aim:
oversee treaties protecting workers

• The League of Nations (1919) aim: international

peace and cooperation

• The United Nations (1945)aim: cooperation in

international law, international security, economic
development, human rights
 The Last Sermon of the
HolyProphet:
• The last sermon of the holy prophet (PBUH) is
undoubtedly the first and foremost declaration of
human rights , given to mankind 1400 years ago.
Khutba Hajja-tul-Wida is one of the most
important occasions in the history of Islam. The
holy prophet
clearly negated all kinds of human
discriminations on the basis of cast, creed, tribe
etc.
• He said:
"O' people, Allah has created you from one male and one
female and made you into tribes and nations, so as to be
known to one another. There is no superiority for an Arab
over a non-Arab, nor for the white over the black nor for
the black over the white except in God consciousness. "
 CLASSIFICATION

• Civil Rights
• Political Rights
• Economic Rights
• Social Rights
• Cultural Rights
• Civil rights include the ensuring of people's physical
integrity and safety.
Civil rights
• Protection from discrimination on grounds such as
physical or mental disability, gender, religion, race,
national origin, age, status as a member of the
uniformed services, sexual orientation, or gender
identity.
• Individual rights such as privacy, the freedoms of
thought and conscience, speech and expression,
religion, the press, and movement.
Political rights
• Political rights include natural justice (procedural
fairness) in law, such a.s the rights of the accused,
including the right to a ·fair trial;due process;
• the right to seek redress or a legal remedy;
• rights of participation in civil society and politics such
as freedom of association
• the right to assemble, the right to petition, the right
of self-defense, and the right to vote.
Socio-Economic human rights
• Economic, social and cultural rights are socio
economic human rights, such as the right to
education, right to housing, right to adequate
standard of living and the right to health.
• Economic, social and cultural rights are recognized
and protected in international and regional human
rights instruments.
• Member states have a legal obligation to respect,
protect and fullfil economic, social and cultural
rights and are expected to take "progressive,
action" towards their fullfilment.
 The Human Rights Situation in Pakistan:

• Over the years the general rule of basic civilized law and human rights
has broke down and alarmingly di1minished in Pakistan.
Humanitarian crime is on the increase especially against the
vulnerable, the poor, the women and chiildren. All these crimes have
reached epidemic proportions.
• Sectarian violence, Religious crime.
• Domestic violence.
• Child Abuse, Rape & Gang Rape.
• Acid & chemical Attacks.
• Illegal village Courts and trials,
• Honor killings.
• Bonded Slave labor and the sale of women and children.
• Illegal detentions and abuse of police powers.
• Extra Judicial Killings.
• Disappearances of persons taken into custody by law enforcement
agencies.
• There are over 1 million bonded slaves in Pakistan.
• There were... More than 10,000 honor killings in 2009 alone
known as "kahroh kari"
• In 2009 more than 2000 brides were burned to death
(reported figures only)
• On average 12 women were murdered everyday by their
husbands.
• More than 1000 acid attacks on women. (reported figures
only)
• Somewhere in Pakistan a woman, man or child was raped
every 10 minutes.
• 1OO's of children were sold off as sex slaves every day
• 1OOO's of girls sold off to criminals,
• Over 20,000 people killed in sectarian crime
MIORTIES RIGHTS IN PAKISTAN
 C onclusion

Human rights in Pakistan are severely limited . The peopl e are too
af raid to speak out about their circumstances because they
do not want to be killed , attacked , or arrested . It is
obvious that the most extreme violations of human rights in
Pakistan are those of women and child ren and the abuses of the
corrupt police officers.
 HUMAN RIGHTS

• Human rights refers to the concept of human

beings as having universal rights, or status,
regardless of legal juri sdiction, and likewise other
localizing factors, such as ethnicity and nationality.
•. The basic rights and freedoms to which all humans
are entitled, often held to include the right to life
and liberty, freedom of thought and expression,
and equality before the law.
INTERNATIONAL HUMAN
RIGHTS LAW
• Universal Declaration of Human Rights, 1948
• International Covenant on Civil and Political
Rights, 1966
• International Covenant on Economic, Social and
Cultural Rights, 1966
• Conventions on specific subject. (CRC, CEDAW)
 Situation of Women Children Rights in Pakistan
• Education • Female literacy rate of 32.6 compared to
• 9 million children are not attending 56.5 for males.
school. • In some areas of rural Sindh and
• Primary school enrolment is 56 Baluchistan female literacy rates are 2 or
(UNICEF) less.
• 60 of the population in Pakistan is • Female literacy rate in FATA is 3 . (FATA
illiterate and that women form 60 of development Statistic 2000)
the illiterate population. (Asian
Development Bank, July 2000)
 Health
• Fertility rate (births per woman) 4.5 • 3 millions are between 10 to 14 years old
• Infant mortality rate (per 1000 live births) (ILO, 1997)
74 • 3/4 are boys (ILO, 1998)
• Under 5 mortality rate (per 1000 children) • 1.2 million children are bonded in the
98 carpet factories.
• (1998 census) • 80 of soccer balls sold in the US are made
• 10 million children labourers (SPARC, in East Pakistan, where 1 in 5 workers are
1999) children between the ages of 7 and 12
(Canadian Labour Congress, 1998)
 Child Trafficking
• 19000 boys from 2 to 11 years • More than 3000 of these children
of age have been trafficked as had not been convicted of any
camel jockeys to the Middle crime (AI, 2002)
east (ILO, 2001) • In Punjab, 16000 children under
• 4500 children were held in 18 were convicted for crimes.
prisons in June 2003 101 faced the death penalty
(HRCP, 1999)
 Child Sexual abuseDetainees
• 2765 women were held in jail nationwide at the
end of 2002 (Progressive Womens Association)

• 823 cases of child sexual abuse and violence are

reported in 2004 , in which 376 was the cases of
sexual abuse and 447 was the physical torture.
• The number of girl in these cases were 391 and
boys were 432 (HRCP 2004)
 Political Representation
• 73 women in the 342 seat National Assembly
(USSD)
• Women political participation in the Local
Govt Election 05, 36.33 and male 56.79
• (Election Commission of Pakistan )
 Domestic Violence
• In 2004, 2367 women cases of physical torture
were reported in which 940 women were killed.
(HRCP, 2004)
• 42 women accept violence as part of their fate (AI,
2002)
• 50 of the perpetrators of violence are male
relatives (AI, 2002)
 Honor Killings
• In 2000, 295 women were burnt • At least 751 women in Sindh,
32 were pregnant, 68 under 18 1578 in Punjab, 260 were
and 60 killed in the name of belonging from NWFP and 185
honor. The conviction rates were in Balushistan were killed as a
low at only 2 (Progressive result of honor killings in 2004.
Womens Association, 2000) (HRCP, 2004)
• In 2004, 4101 women were killed
in honor killings, an increase of
over the previous 4 years (HRCP,
2004)
 Pakistan accepted the UN instruments
• The Universal Declaration of Human • International Convention on the Political
Rights. Rights of Women.
• International Convention on the • International Convention on the Abolition
Elimination of all Forms of Racial of Slavery, the Slave Trade, and
Discrimination. Institutions and Practices Similar to
• International Convention on the Rights of Slavery.
the Child. • Convention on the Elimination of all
Forms of Discrimination Against Women
(CEDAW, ratified in 1996 but a proviso
subject to the provisions of the
Constitution' was added)
 Challenges in Human Rights
• Conformity of existing Laws and Policies of Govt. with
HR treaties and Laws.
• Poverty' is a violation of numerous rights
• Effective implementation of HR Policies Laws
• Fulfillment of International Commitments (MDGs,
CEDAW, CRC, VAW,VAC, National Plan etc.
• Delay in the implementation of ratified laws.
• 'All rights guaranteed - All actors accountable'
 Challenges in Human Rights
• Security issues
• Power structure hindering women development
• Propaganda against NGOs
• Long term funding by the donors for long term
partnership
 NGOs working on HR
• Right based approach Service delivery along
with advocacy
• Awareness on women children rights to masses
• Structural Changes
• Influencing Policy Makers
• Advocating the human rights irrespective of
gender but with special focus on women and
children
NGOs working on HR
• Advocating and raising awareness on the rights of
women and children nationwide.
• Working for the political and social and economical
empowerment of women.
• The repeal of all laws and other legislative reforms
discriminatory to women.
• The improvement in women's mobility through
increased gender awareness aimed at reducing
discriminatory barriers, along with improved
personal status and competence.
• The elimination of gender gaps in access to basic
education, health, nutrition and financial
andeconomic services.
 NGOs working on HR
• The promotion of reproductive • The promotion of equality of
rights, and increased access of both opportunity and treatment in
women and men to quality employment, with a view to
reproductive health care, including increasing participation and
family planning. integration of women in economic
• The promotion of gender equity activities, both as entrepreneurs and
norms and values in children, youths as employees.
and adults through educational
programme at all levels.
 What Needs to be done
• Nationwid e awareness of the rights of • The improvement in women's mobility
women and children. through increased gender awareness aimed
• adoption of the National Plan of Action
The at reducing discriminatory barriers, along
(NPA) by the Govern1nent of Pakistan, with improved personal status and
based on the recommendations from the competence.
Beijing Platform for Action. • The eli1nination of gender gaps in access to
• The repeal of all laws and other legislative basic education, health, nutrition and
reforms discriminatory to women. financial and economic services.
 What Needs to be done
• The importance of developing and • The promotion of gender equity norms and
maintaining a gender perspective on both values in children, youths and adults
the causes and consequences of poverty. through educational programmes at all
• The promotion of reproductive rights, and levels.
increased access of both wo1nen and men • The promotion of equality of opportunity
to quality reproductive health care, and treatment in employment, with a view
including family planning. to increasing participation and integration
of women in economic activities, both as
entrepreneurs and as employees.