Principles of Political Science 1

CHAPTER-8
HUMAN RIGHTS

1. INTRODUCTORY WORDS
Human rights represent a fundamental and
universal framework that underpins the dignity, equality,
and freedom of every individual. As we reflect on the
importance of human rights, it is crucial to acknowledge
the progress made while remaining vigilant in addressing
ongoing challenges.
Respect for human rights is not only a legal
obligation but a moral imperative that requires continuous
commitment from individuals, communities, governments,
and the international community.
2. MEANING OF HUMAN RIGHTS
Thomas Paine (1737–1809) was one of the most
influential political French writers. He says in his book
“The Rights of Man” that “human rights are those basic
standards without which people cannot live in dignity”.
L.T. Hobhouse, (1864-1929) was an English liberal
political theorist and sociologist, who compiled a book
“Liberalism” in 1911. He says that “Rights are what we
may expect from others and others from us and all genuine
rights are conditions of social welfare”.
Modern concept regarding human rights is as
under:
Human Rights are such rights which are available to
all human beings, regardless their nationality, residence,
caste, color, sex, religion, language, profession, association
or any other status in the world.
In simple words we can say that all human beings
are equally entitled for human rights without any
discrimination on any basis.
3. THEORIES OF RIGHTS
Rights theories are philosophical and political
frameworks that seek to understand and justify the
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concept of rights – the moral, legal, and ethical

entitlements or claims that individuals have in society.
There are several major theories of rights, each offering a
different perspective on the nature, origins, and
justifications of rights. Here are some of the most
prominent theories of rights:
I. Natural Rights Theory:
Natural rights theories argue that rights are inherent to
human beings by virtue of their nature or existence. These
rights are often seen as fundamental and inalienable,
meaning they cannot be taken away or violated without
moral or ethical wrongdoing. Philosophers like John Locke
and Thomas Hobbes contributed to the development of
natural rights theories.
II. Utilitarian Theory of Rights:
Utilitarianism, associated with philosophers like
Jeremy Bentham and John Stuart Mill, suggests that rights
are not inherent but are instead a means to achieving the
greatest overall happiness or utility in society. In this view,
rights are justified if they promote the greater good.
III. Kantian Deontological Theory:
Immanuel Kant's deontological ethics posits that rights are
based on moral principles derived from reason. According
to Kant, individuals have rights because they possess
rational agency and moral worth. Rights are seen as a
consequence of respecting the moral autonomy of
individuals.
IV. Social Contract Theory:
Social contract theories propose that individuals come
together to form a society and agree upon a social contract
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that includes the recognition and protection of certain

rights. Rights are seen as part of the agreement that allows
society to function justly.
V. Positivist or Legal Theory of Rights:
Legal positivism argues that rights are created and defined
by legal systems and institutions. In this view, rights exist
because they are recognized and enforced by the laws of a
particular society.
VI. Human Rights Theory:
Human rights theories argue for a universal set of rights
that all individuals, regardless of their nationality or
culture, possess simply by virtue of being human. The
Universal Declaration of Human Rights is a prominent
expression of this theory.
VII. Interest-Based Theory:
Some theories emphasize the protection of individual
interests as the basis for rights. Rights are seen as a way to
safeguard and promote individuals' fundamental interests,
such as life, liberty, and property.
VIII. Feminist Theory of Rights:
Feminist theories of rights focus on gender equality and
critique traditional theories for their historical exclusion of
women's rights. They emphasize the importance of
recognizing and protecting the rights of all genders and
addressing gender-based discrimination.
IX. Cultural Relativism:
Cultural relativism argues that rights may vary across
different cultures and societies, reflecting their unique
values and norms. Critics argue that this approach can lead
to the relativization and potential erosion of universal
human rights.
These theories often overlap and inform each other,
and the choice of a particular theory can have significant
implications for how rights are understood and applied in
practice. Debates about rights continue to be central to
discussions of ethics, law, politics, and social justice.
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4. FUNDAMENTAL RIGHTS
Fundamental rights are basic human rights that are
considered essential for the development and protection of
individuals within a society. These rights are typically
enshrined in a country's constitution or legal framework
and are designed to safeguard the dignity, freedom, and
equality of its citizens. Fundamental rights are considered
fundamental because they are fundamental to the well-
being and autonomy of individuals, forming the bedrock of
a just and democratic society.
Fundamental rights in Pakistan are such basic
human rights that are enshrined in the Constitution of
Islamic Republic of Pakistan, 1973 and they are
guaranteed to all citizens. They are applied without
discrimination on the basis of race, religion, gender, etc.
Fundamental rights are recognized and enforceable by the
courts, subject to certain conditions.
Following fundamental rights are recognized by the
Constitution of Pakistan, 1973:
I. Security of Person
This fundamental right means that life and liberty
of every human being will be fully protected and no one
will be deprived save in accordance with law. This right is
protected by Article 9 of the Constitution of Pakistan,
1973.
II. Safeguards as to arrest and detention
This fundamental right means that any human
being may not be arrested without any legal reason and if
legally arrested, he cannot be detained in custody without
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being informed regarding grounds of such arrest. He shall

be produced before a Magistrate within a period of twenty-
four hours of his arrest and he has the rights to consult or
be defended by a lawyer of his choice.
This right is protected by Article 10 of the
Constitution of Pakistan, 1973.
III. Right to Fair Trial
This fundamental right means that every human
being is entitled to fair trial and due process for the
determination of his civil rights and obligations or in any
criminal charge against him. This fundamental right is
protected by Article 10-A of the Constitution of Pakistan,
1973.
IV. Slavery and Forced Labor is prohibited
This fundamental right means that every human
being inherently born free, no law shall permit or facilitate
the introduction of slavery into Pakistan in any form and in
the same way forced labor is also prohibited by law.
This fundamental right is protected by Article 11 of
the Constitution of Pakistan, 1973.
V. Protection against Retrospective
Punishment
This fundamental right means that every human
being may not be punished for such act or omission that
was not punishable by law at the time of the act or
omission. This fundamental right is protected by Article 12
of the Constitution of Pakistan, 1973.
VI. Protection against double punishment and
self-incrimination
This fundamental right means that every human
being may not be punished for the same offence more than
once and in the same way a person may not be compelled
to be a witness against himself. This fundamental right is
protected by Article 13 of the Constitution of Pakistan,
1973.
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VII. Inviolability of Dignity of Man

This fundamental right means that dignity of every
human being and privacy of home, shall be inviolable but
subject to law. In the same way a person shall not be
tortured for the purpose of extracting evidence.
This fundamental right is protected by Article 14 of
the Constitution of Pakistan, 1973.
VIII. Freedom of Movement
This fundamental right means that every human
being is entitled to enter, remain and move freely
throughout Pakistan and to reside and settle in any part
thereof but subject to any reasonable restriction imposed
by law in the public interest.
This fundamental right is protected by Article 15 of
the Constitution of Pakistan, 1973.
IX. Freedom of Assembly
This fundamental right means that every human
being is entitled to assemble peacefully and without arms
but subject to any reasonable restriction imposed by law
in the public interest.
This fundamental right is protected by Article 16 of
the Constitution of Pakistan, 1973.
X. Freedom of Association
This fundamental right means that every human
being is entitled to form associations or unions, in the
same way every person may form or be a member of
political party excluding the person who is in the service of
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Pakistan but subject to any reasonable restriction imposed

by law in the public interest.
This fundamental right is protected by Article 17 of
the Constitution of Pakistan, 1973.
XI. Freedom of Trade, Business or Profession
This fundamental right means that every human
being is entitled to enter upon any lawful profession or
occupation, and conduct any lawful trade or business
subject to any qualification prescribed by law in the public
interest.
This fundamental right is protected by Article 18 of
the Constitution of Pakistan, 1973.
XII. Freedom of Speech and Expression
This fundamental right means that every human
being is entitled to speech, express and press his views but
subject to any reasonable restriction imposed by law in the
public interest.
This fundamental right is protected by Article 19 of
the Constitution of Pakistan, 1973.
XIII. Right to Information
This fundamental right means that every human
being is entitled to have access to information in all
matters of public importance but subject to any reasonable
regulation and restriction imposed by law in the public
interest.
This fundamental right is protected by Article 19-A
of the Constitution of Pakistan, 1973.
XIV. Rights to Religion
This fundamental right means that every human
being is entitled to profess religion, manage religious
institutions and Safeguard against taxation for purposes of
any particular religion.
This fundamental right is protected by Article 20,
21 and 22 of the Constitution of Pakistan, 1973.
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XV. Rights to Property

This fundamental right means that every human
being is entitled to acquire, hold and dispose of property in
any part of Pakistan and he has also right to protection of
property rights.
This fundamental right is protected by Article 23
and 24 of the Constitution of Pakistan, 1973.
XVI. Right to Education
This fundamental right means that State shall
provide free and compulsory education to all children of
the age of five to sixteen years in such manner as may be
determined by law. This fundamental right is protected by
Article 25-A of the Constitution of Pakistan, 1973.
XVII. Equality of Citizens
This fundamental right means that every human
being is entitled to be treated equally by law and no one is
above the law and regarding access to public places and
government services no one should be discriminated but
subject to any reasonable restriction imposed by law in the
public interest.
This fundamental right is protected by Article 25,
26 and 27 of the Constitution of Pakistan, 1973.
XVIII. Preservation of Language and Culture
This fundamental right means that every human
being is entitled to preserve and promote his language,
script and culture but subject to any reasonable and legal
restriction. This fundamental right is protected by Article
28 of the Constitution of Pakistan, 1973.
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4. Rights of Minorities
The legal system in Pakistan provides certain rights
and protections for minorities. These rights are enshrined
in the Constitution and various laws. Some key aspects
include:
I. Equal Citizenship:
The Constitution of Pakistan guarantees equal rights to
all citizens, irrespective of their religion or ethnicity.
II. Freedom of Religion:
The Constitution grants freedom of religion, allowing
minorities to practice their faith without discrimination.
Places of worship for various religious groups are
protected by law.
III. Quota in Government:
Minorities have reserved seats in the national and
provincial assemblies to ensure representation in the
political system.
IV. Protection from Hate Speech:
Laws exist to protect minorities from hate speech and
incitement to violence based on religion or ethnicity.
V. Minority Rights Commission:
The government established the National Commission
for Minorities to safeguard their rights and address their
concerns.
However, despite these legal provisions, challenges and
discrimination against minorities persist in Pakistan.
Implementation of these rights can be uneven, and there
have been instances of violence and persecution against
minority communities. The situation continues to evolve,
and ongoing efforts are needed to ensure the full
protection of minority rights in the country.
5. CONCLUDING WORDS
We can conclude that recognition and protection of
fundamental rights without any unreasonable
discrimination leads to developed and successful
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democracy, because democracy has no existence without

fundamental rights.

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