NAME: IKRAMULLAH KHAN (BL-1246)

SECTION: (C) 4TH SEMESTER

COURSE: HUMAN RIGHTS LAW

TEACHER: FAIZA HASWARY

TERM: FINAL

Q3. Is a child witnessing domestic violence considered to be child abuse? If so, who is
considered to be the abuser of the child? The Batterer, the Mother or both provide reasons
for your answer in the light of relevant domestic and International laws.

CHILD RIGHTS

The word child derived from Latin word (INFANS) that means the one who does
not speak. Also the convention on the rights of child 1989 defines the word child
as “a child is one who is below the age of 18 years, unless under the law
applicable to the child, majority is attained earlier”. These definitions give us the
idea of child’s welfare and make us think that they are also human with their
rights and dignities.

The rights of children were enforced after the First World War in the
declaration of Geneva (1924). Later on UN adopted those rights in Declaration of
children rights (1959). And after that those rights were adopted by international
convention on rights of child.

Civil and political rights:

Children have both civil and political rights like identity right, and right of
nationality etc.
Economic, social and cultural rights:

They also have economic, social and cultural rights like right of Education; they
right to live their parents etc.

There are some principles which support all the children rights.

 No- discrimination: (article 2 of UNCRC)

It means every child should be treated equally instead of gender or race in
all the situations. For example they must have equal opportunities of
education regardless of their gender, religion, race, disability etc.
 The interests of the children: (ARTICLE 3 OF UNCRC)
If the government is going to make any laws which are in conflict with
rights of children it may resolve those conflicts. For example if the
government is making budgetary decision conflicts with children rights they
must resolve that problem.
 The views of children (ARTICLE 12 OF UNCRC)
It means that there voice must be listened and must be respected in all
matters. For example, if the government is making laws they must concern
children before making any decision which will affect their rights.

Child abuse

 Physical abuse: physical abuse involves the physical factors like hitting,
burning, throwing and other physical harms provided to a child is known as
physical abuse.
 Sexual abuse: it includes the factor of sex with a child or involvement of
sex is known sexual abuse to any child.
 Emotional abuse: the commission of any act through which a child feel
emotional is called emotional abuse. Like not caring a child, threaten him
etc.
 Neglect: when the care taker does not fulfill the needs of child, like as
food, housing and clothes and it also includes the education of child.
Domestic violence means to overcome on the other person or take control over
another person physical or sexually. It actually finds between two spouses. When
the child sees his parents fighting he become very fearful and anxious and always
keep it in his mind that this event will happen in future again and also apply this
factor his own life and do that actions which he saw his parents doing.

This may effects a child in different ways and in a particular age. Young children
who witnessed their parents fighting will act as were they doing in younger age
for example; bedwetting, increase in crying, also will shows the signs of terror and
anxiety and blame them for it. By seeing this they will not participate in any
activities and will consider them self alone which cause them more trouble. At the
age of teen they will start drinking alcohol and became very depressed.

Both the batterer and the mother are the responsible for that because due their
act of violence the child affected and became the patient of anxiety. If they had
done that act in private place or with cold mind, then this may not have happened
with the child.

According to the report of UNICEF, (every year hundreds of millions of children

are exposed to domestic violence at home and this has very bad impact on their
lives and they became depressed. Children who grow up in home where there is
violence they became the victims of child abuse if they are not direct victims and
have some psychological problems as children then they are physically abused).

In last it is considered that child witnessing domestic violence is a child abuse

which can be emotional and physical.

Q1. A bomb is about to go off in the middle of a busy shopping area. The police have a
suspect who they believe knows the whereabouts of the bomb. Should they be allowed to
torture the suspect to prevent the loss of life that will be caused by the explosion? Give
reasons for your answer.

TORTURE
Any cruel act which is done against any individual mentally or physically which
results in severe pain and suffering to obtain information about any suspect or
any crime or the information of third person who is going to harm to another
person or against state is called torture. We can find the banning of torture in
many international treaties some of them are given below.

The article 2 of UNITED NATIONS CONVENTION AGINST TORTURE

Each state shall make strict laws and take effective administrative and judicial
steps to prevent torture within its jurisdiction.

The article 5 of UNIVERSAL DECLARATION OF HUMAN RIGHTS

No one will be tortured or punished or no state can do inhuman acts towards any
person as a punishment.

Article 7 of ICCPR

No one shall be tortured or punished with cruelty and no man or state can do
inhuman acts towards any person and state cannot do experiments to any
individual without his permission.

Most of the countries have abolished the factor of torture as a punishment by

following those international and domestic treaties. Like capital punishment every
country has abolished that punishment. In our country Pakistan the department
of human rights is performing duties to abolish the factor of torture and capital
punishment.

However the torture is abolished in every condition but there are some
circumstances or emergencies where the state can use torture to overcome that
situation. Like the above mentioned circumstances and conditions.

Yes, here they should be allowed to torture the suspect to gain or extract the
information about the bomb or to know the actual position of the bomb.

Reasons are given below:

Here the state and police should torture to suspect because they believe that the
suspect has the information about where the bomb is placed or he knows
whereabouts of bomb if they do not torture him then how will they get that
dangerous information. In shopping area there are hundreds of people some of
them are children if they do not torture the suspect they will fail to save the lives
of those people in that bomb blast. If police will get the information from suspect
they will defuse that bomb and many lives will be saved.

Here the lives of innocent people is important not the respect and dignity of
terrorist who is going to take their lives with cruelty. It is also a duty of police to
save people from those terrorists that’s what they are going to do.

There are many world reports where it is clearly written that state should torture
the terrorists where there is a situation to save the innocent lives.

Conclusion

In that situation police can torture the suspect to gain information about the
whereabouts of bomb to save innocent lives.

Q2. A Prisoner, who wanted to sue the prison for negligence for failing to provide him with
medical facilities for a heart attack he suffered in prison, was denied access to a lawyer.

Prisoners also have right to get a medical attention or treatment. As above

mentioned statement it is clearly written that due the negligence of faculty of
prison he suffered with heart attack. It is right of Prisoner to get compensation for
that and he must be given access to the lawyer so he can file a suit in a court and
get a free trial which is also his right.

In this case he must be given an access to a lawyer for filing a suit against a prison.
According to international law when a person is arrested or detained after that it
is a responsibility of state to take care of his food and medical and state must
confirm the prisoner is kept well. Prisoners cannot take medical treatment on
their will but the international human rights law requires government to provide
them better treatment.
Some provisions about the medical treatment of prisoners are given below.

1. The united nations human rights system: (ICCPR)

ICCPR does not clearly stated or expressed the rights of medical treatment or
rights of health care but the United Nations human rights committee stated that
the state must provide medical care to the prisoners when it is necessary. Article
6 of (OHCHR) states right to life, all human beings have right to live their life and
enjoy it.

2. Article 7

It clearly defines that there should not be a torture in the prisons and state
cannot perform medical experiments on the prisoners without their permission.

3. Article 10 treatment of prisoners

It states that right to life is fundamental right of person so he cannot be treated

like a beast it means if he is sick he must be given a medical attention instead of
leaving him die.

Rules of Nelson Mandela

Nelson Mandela gave some rules for the treatment of prisoners which was
adopted by general assembly in 2015. In these rules it was stated that it is the
responsibility of state to provide the treatment to sick prisoners.

Rule 24

It is the responsibility of the state to provide good medical treatment to the

prisoners and it is a right of prisoners to enjoy that treatment free of cost and
state shall provide the treatment without discrimination.

The state should keep the medical administration near with the continuity of
treatment and care.

Rule 25
Every prison shall have medical heath care services which continuously provide
prisoners mental and physical both treatments. And administration should give
special attention to the sick prisoners.

The medical team shall be highly qualified and must be expert in psychology. And
qualified dentist shall be provided to every prison.

Some other rules which also state that treatment shall be equal and good.

Geneva conventions

The Geneva conventions also stated about the medical rights of prisoners of war
that they should be given good medical treatment.

Conclusion:

Prisoner has right to sue the prison because all international treaties and
domestic treaties stated that treatment should be given to the prisoners but the
faculty of prison did not take it seriously through their negligence a prisoner got
heart attack now he can sue the prison and get the compensation for it.

Q4. What are the laws available for the protection of women in Pakistan? Are these laws
sufficient and adequately enforced? What would you change to improve the protections and
services available to women?

WOMEN RIGHTS

Human rights are the rights which are entitled to both men and women by birth
because every human is equal and should be treated equally by neglecting their
gender. As like men women also have human rights like as right to education,
freedom of speech, right to vote, right to life etc. But instead of that women
suffer various negative factors in the society like discrimination, inequality, sexual
assault, rape etc. to solve these problems international organizations have made
laws and treaties which are almost followed by Pakistan.

CEDAW
The United Nations convention on the elimination of discrimination against
women is very vulnerable treaty for women rights. This provides women equal
social, political, economic cultural and civil rights. It gives state authority to treat
men and women equal. Pakistan also has attended this convention and provided
equal rights to women in all sectors of government and also made laws for the
equality of men and women. CEDAW removed the factor of gender discrimination
and ordered for the equal right education for women.

The UDHR defined the equality between men and women and made the factor of
discrimination disable. It also gave men and women equal political and economic
rights. Article 21 of declaration states that every men and women has right to
take part in government and everyone has right to choose their Representatives
and it also defines that every men and women equal right to gain public services
in the country.

Gender based violence

It means the violence toward any human on the basis of gender. This factor is
present all across the world and violates the rights of both men and women which
cause the negative effect on the lives of any family or community. The
constitution of Pakistan protects the citizens and stated the fundamental rights of
human in the permeable of the constitution 1973. Pakistan has also attended
various conventions like CEDAW which is supportive of women rights and now it
not only a national obligation for Pakistan to follow that convention but it is the
international obligation to do so. It is essential for the women of Pakistan to know
about their rights and prevent them from the injustice. They should know what
the law is saying and how can they protect their rights from the violation.

It keeps woman participate lower into the activities of government.

Domestic violence

Domestic violence is very common issue in Pakistan. Domestic violence means the
authority of one spouse to another is called domestic violence. In very low
quantity it results into death or injury. In most of the cases the male start the
marriage abuse to show his power over her wife but in some cases the powerful
women or the women of the powerful family assaults his husband.

It actually has some types like physical abuse, means to beat him or her, sexual
abuse which results into rape and last but not least the emotional abuse like
formation of fear that I will take the children away from you etc.

RAPE

To form a sexual relationship without someone’s will is called as will. This is a

punishable offence. The punishment of rape and gang rape is punishable in
Pakistan. We can see the incident in which a girl ZAINAB was forcefully raped by a
man named IMRAN. After sometime he got his punishment court gave him the
sentence of capital punishment. Pakistan also has laws regarding the punishment
of rape.

Sexual harassment

It means communication of sexual feelings or requests for sexual favors which can
be verbal or written. It can occur in office factory, office, streets, colleges, schools
etc. it is main problem or issue in all over the world including Pakistan. This is a
reason through which women cannot walk outside and not gain their
fundamental rights called education and medical facilities and to job in any
particular sector or department. That’s why their parents fear to send their girls
and women outside. In Pakistan it is a serious crime.

HONOUR CRIMES

It includes killing it is the oldest gender based violence among the countries. It is
also common in Pakistan where they kill women name it as honor killing or KARO
KARI. Or a man has to compensate for it. In some cases brother or father kill their
daughter to take honor of the family. It is considered in Pakistan a crime like a
committing of murder.

Laws relating to the violation of women rights in Pakistan

 PROTECTION OF WOMEN ACT 2006, ANTI-RAPE BILL 2014

Before protection of women act 2006 many women falsely arrested and kept in
jail because of unproven charges of adultery on them. Before passing of bill a
person has to go police station to file charges against any other person but after
passing of that act if you are saying you are sexually abused then you do not have
to go station but to go session court, if the person who is being accused by you
proved innocent then the person who had accused those person will be going to
jail. After passing that act there were no women in the jail for charges of rape
anymore said by the former justice (HAROON).

 ANTI-HONOUR KILLING LAWS BILL 2014

This bill was passed against the honor killing

 PROTECTION AGAINST HARASSMENT OF WOMEN AT THE WORKPLACE

ACT 2010

This law was passed due to increase the number of harassment cases in offices in
urban areas and this law was passed for the prevention of those vulgar acts.

 DOMESTIC VIOLENCE (PREVENTION AND PROTECTION) ACT 2012

It was passed due to increase in domestic and abuses of marriage.

There are some other laws which are named below

 Women in distress and detention fund act 2011

 The criminal law amendment act 2010 (sexual harassment)
 Criminal law (amendment) bill 2011

Those laws are very effective to save the rights of women from infringements in
Pakistan and also they will protect their fundamental rights. I think they should
give more attention towards those laws because nowadays the incidents of rape
are increasing day by day (Lahore motorway gang rape case) so they must work
on that.
QUESTION 05

(A) The armed conflict by the state (s) on ethnic community (xyz) can be called
non-international conflict because this type of armed conflict occurs when
there are two forces one the state armed force and the other organization
or group, here in this case two forces are here one is the state(s) and the
other is ethnic community(xyz). Or we can say that it is non-international
conflict because it is occurring within a territory. If the conflict happened
between two different states then we call it an international conflict.

(B) Some of the treaties which are applicable in that situation are given
below

INTERNATIONAL HUMAN RIGHTS:

It is the body of law includes the customary laws, international human
rights treaties and it is also applicable at the time of armed conflicts.
THE GENEVA CONVENTIONS
ARTICLE 3 those people who are not participating in those wars or have
laid down their weapons should be treated well regardless of any
discrimination. If they are injured they will get the medical attention.
No torture to the prisoners.
Protocol ii of Geneva conventions
The protection will be given to the civilians.

(C) INTERNATIONAL HUMANITARIAN LAW

It is the set of rules which limits the effects of armed conflicts. It also restricts
both conflicting parties to use the methods of war. IHL gives protection to the
people who are no longer participating in wars or in conflicts. IHL is also known
as the law of war or the law of armed conflict.

Importance of IHL;
IHL helps to save the dignity of people at the time or war or respects them. It
ensures or reminds the both conflicting parties that there are also the limits in
the war.

Protection given by IHL

 IHL protects people at the time of war

 It prevents the conflicting parties from attacking the civilians
 It prevents the conflicting parties to use high range weapons like nuclear
weapons which affect the civilians.
 It maintains the dignity of prisoners and civilians

Here in this scenario given above the IHL will be applied as; or the rights of
civilians given by IHL are given below.

It must provide or give protection to the civilians and the people who are not
participating in the war. It helps people to visit the camps who are suffered
from that war. It restricts conflicting parties to torture prisoners. It maintains
the respect and dignity of people or civilians. It restricts the conflicting parties
from using the weapons which affects the civilians. It gives right to injured one
to get the medical attention.