HUMAN RIGHTS LAW NOTES BY

M.USAMA AMJAD

4TH SEMESTER

JINNAH LAW COLLEGE

Sources

• Syed Aizaz Ali Shah (lecturer Jinnah law college )

• Human Rights Book by M.Abdul Basit AHC
• Human Rights Book By Prof.Gul Muhammad Sahito
• https://treaties.un.org/ ( website of united nation)
What are human rights?

Human rights are rights inherent to all human beings, whatever our nationality,
place of residence, sex, 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.
Universal human rights are often expressed and guaranteed by law, in the forms
of treaties, customary international law, general principles and other sources of
international law. International human rights law lays down obligations of
Governments to act in certain ways or to refrain from certain acts, in order to
promote and protect human rights and fundamental freedoms of individuals or
groups. Human rights are the universal rights and freedoms that all human beings
are equally and absolutely entitled to.

The doctrine of human rights in international practice, within international law,

global and regional institutions, in the policies of states and in the activities of
nongovernmental organizations, has been a cornerstone of public policy around
the world.

Origin & Development of Human Rights

History & Evolution of Human Rights

ANSWER

1. The Magna Carta 1215:

The Magna Carta or “Great Charter” was the most significant early influence in
the historical process that led to the rule of constitutional law today in the
English-speaking world.

In 1215, after king john of England violated a number of ancient laws & customs
by which England had been governed. His subject forced him to sign the Magna
Carta, which later becomes the though of human rights.

Magna carta viewed as one of the most important legal documents in the
development & struggle to establish freedom.
Basic Human Rights:

I. Magna carta includes the right of the church to be free from governmental
interference.

II. The right of all free citizens to own & inherit property & free from
excessive taxes.

III. It established the right of Widows who owned property to choose not to
remarry

IV. Established principles of due process & equality before law.

2. Petition of rights (1628)

The next recorded milestone in the development of human rights was the
petition of rights, produced in 1628 by the English parliament and sent to Charles
I king of England as a statement of civil liberties. Petition of rights initiated by Sir
Edward coke an English judge & Politician asserted 4 principles :

Basic Human Rights:

 No taxes may be levied without consent of parliament.

 No subject may be Imprisoned without cause shown.

 No soldier may be quartered upon citizenry.

 Martial law may not be used in time of peace.

3. United states Declaration of independence 1776

On 4th July 1776 the US congress approved the Declaration of independence. Its
primary author, Thomas Jefferson, wrote the declaration as a formal explanation
of why congress had voted on July 2nd to declare independence from great Britain,
more than a year after the outbreak of American Revolutionary war, & as a
statement announcing that the 13 American colonies were no longer a part of the
British Empire.

Philosophically, the declaration stressed two themes;

 Individual rights (Life, Happiness)

 Right of revolution

4. Declaration of the rights of Man & of the Citizen 1789

In 1789 the people of France brought about the abolishment of absolute

Monarchy of King Louis 16th and set the stage for the establishment of 1st French
Republic. This Declaration was adopted by National Constituent assembly as a
first step towards writing a constitution for the republic of France.

Rights: The declaration proclaims that all citizens are to be guaranteed the rights
of Liberty, property, security and resistance to oppression.

3.US Bill of Rights 1791

Articles in addition to the amendment to the constitution- the Bill of rights

came into the effect on Dec 15, 1791 for protecting the rights of citizens,
residents & visitors in American territory.

The bill of rights protects

 Freedom of speech, religion

 The right to keep arms

 Freedom of assembly, freedoms to petition.

 Prohibits unreasonable search

 Prohibits Unusual seizure

 Cruel punishment etc.

4. United Nations 1945

The name United Nations was coined by US president Franklin D. Roosevelt

on 1st January 1942 during the WW2. WW2 had raged from 1939 to 1945, cities
throughout Europe & Asia lay in Smoldering ruins. Millions of peoples were dead,
homeless & starving. In 1945, delegates from 50 countries met in San Francisco
with full of optimism and hope.

The goal of UN conference was to fashion an international body to promote peace

and prevent future wars and eventually human rights.

The charter was signed on 26th June 1945 by the representative of the 50
countries.

The charter of UN organization went into effect on October 24th 1945, a date that
is celebrated each year as United Nations Day.

Basic Purpose of United Nations

 Maintain international peace & security

 Protect Human rights

 Deliver Humanitarian Aid

 Promote Economic Development

8. Universal declaration of Human Rights 1948

In 1948 UN new human rights commission captured the world attention under
the dynamic chairmanship of Eleanor Roosevelt. The commission set out to draft
the document that become the UDHR because there was consensus between the
world community that UN didn’t sufficiently define the rights it referenced &
there should be a declaration which give effect to the provisions of the Charter .
Canadian expert John peter Humphrey was the main drafter of the UDHR and
director of UN secretariat and division of human rights
It was adopted by the UN general assembly on 10th Dec 1948 in Paris. The
Declaration arose directly from the experience of WWII & represents 1st global
expression of rights for humans.

UDHR consists of 30 articles.

 First 18 articles includes Civil rights (Life, liberty, Movement, Rights in the
CJS, etc.)

 19-21 includes Political rights

 22-26 includes Economic & Social rights

27-30 includes Cultural rights & protection of rights.

x-------------------------------x------------------------x--------------------------x--------------------x

Philosophy of Human Rights

OR
Philosophical Origin of Human rights

ANSWER

INTRODUCTION

The philosophy of human rights attempts to examine the underlying basis of the
concept of human rights and critically looks at its content and justification.
Several theoretical approaches have been advanced to explain how and why the
concept of human rights developed.

One of the oldest Western philosophies on human rights is that they are a
product of a natural law, stemming from different philosophical or religious
grounds. Other theories hold that human rights codify moral behavior which is a
human social product developed by a process of biological and social evolution.
Human rights are also described as a sociological pattern of rule setting.
 These approaches include the notion that individuals in a society accept rules
from legitimate authority in exchange for security and economic advantage – a
social contract

SOCIAL CONTRACT THEORY

1. Thomas Hobbes 1588-1679 (England)

Man in state of nature Man in state of nature was evil and selfish and lived in
fear. Life was solitary, poor, brutish, short

Social contract Man has a natural desire for security and order and to avoid
misery and pain therefore man entered into the social contract in which people
surrender their rights and freedoms to an authority(Government) to restore
order(Protection of lives)

Basic Human Right According to the contract the mightiest authority is to protect
the lives of the people

2. John Locke 1632-1704 England

Man in state of nature People was reasonable good and enjoyable but property
was not safe because of Absence of laws, impartial judge & natural power to
execute natural laws

Social contract Property is the essential of social contract. Under contract man
only surrender their one right which is right to maintain order and enforce natural
law and retained the other rights like right to life, liberty and property.

Basic Human Right to Life, Liberty, property

3.Rousseau 1712-1778 (France)

Man in state of nature The life in state of nature was happy and equality among
men, but lost in the modern civilization.
Social contract through social contract a new form of social organization was
formed- the state was formed to assure rights, liberties, freedoms and equality.
Social contract is between the people on the basis of “General Will” – law and
state are its products

Basic Human Life, Liberty, Property &Equality

x-------------------------------x------------------------x--------------------------x--------------------x

NATIONAL RAGIME OF HUMAN RIGHTS

ANSWER

INTRODUCTION

As we discussed in the introductory lecture of human rights that there are two
regime of human rights law like; international regime and national regime of
human rights law. There is no any enforcement mechanism of human right law in
international level rather human rights are taken place in the constitution of
countries around the globe. Its mandatory for every country member UN to
establish human rights in their territory and so it for Pakistan. Pakistan is full
filling it international law obligation regarding human rights by making them a
part of its constitution and with establishment of Human Rights Commission in
Pakistan.

HUMAN RIHGTS IN THE CONSTITUTION OF PAKISTAN

Fundamental Rights are enshrined in the Constitution of Islamic Republic of

Pakistan. Chapter 1 of the Constitution contains articles about the fundamental
rights. Articles 8 to 28 of the constitution deals with the all fundamental rights
provided to the citizens of Pakistan. Followings are the fundamental rights
guaranteed to the citizens of Pakistan under constitution.

• No person shall be deprived of life or liberty, save in accordance with law

(article 9)
• Safeguard as to arrest and detention. All arrested person must be informed of
grounds of their arrest, they have right to consult and defended by lawyer of their
choice.

• Right of fair trial under article 10A

• Slavery, forced labor is prohibited and no child under age of 14 year be

employed in factory and mines.

• There shall be protection against retrospective punishment

• There shall be protection against double punishment and self-incrimination.

• Freedom of movement to everyone

• Freedom of assembly for all citizens

• Freedom of association for all citizens

• There shall be freedom of trade, business and profession for all citizens.

• Freedom of speech for all citizens

• All citizens shall have right to have access to information in all matters of public
importance under article 19A.

• Safeguard as to educational institutes in respect of religion etc.

• All citizens have right to acquire, hold and dispose of property in any part of
Pakistan.

• Protection of property rights of owners.

• All citizens are equal and there shall be no discrimination on bases of sex etc.

• Free and compulsory education to all children of age 5 to 16 by Government

• No discrimination in respect of access to public places.

• All citizens have right to preserve their particular language, script and culture
HUMAN RIGHTS COMMISSION OF PAKISTAN

ANSWER

INTRODUCTION

The need for Human Rights commission, in effect, arises as a consequence of

Pakistan’s international law obligations. In particular, in terms of the United
Nations General Assembly Resolution No 48/134 of December 20, 1993, it is
mandatory for Pakistan to establish a national human rights institution.
Consequently, by taking a step forward towards the establishment of a
Commission, Pakistan is fulfilling its international law obligations.

ESTABLISHEMENT HRCP

Founded in 1986, and registered under the Societies Registration Act in 1987, the
Human Rights Commission of Pakistan (HRCP) is an independent, democratic,
nonpartisan organization committed to defending human rights in the country

The Human Rights Commission of Pakistan (HRCP) is an independent, democratic,

nonpartisan organization committed to defending human rights in the country.
For over 30 years, HRCP has worked closely with vulnerable, marginalized and
excluded groups, including women, children, members of ethnic and religious
minorities, workers, peasants and victims of human rights abuses. HRCP’s flagship
annual report, State of Human Rights, is widely considered the most
comprehensive document available on the subject.

x-------------------------------x------------------------x--------------------------x--------------------x

ENFORCEMENT MECHANISM OF HUMAN RIGHTS

ANSWER

Article 184(3) of the constitution

The Supreme Court shall consider a question of public importance with reference
to the enforcement of any of the fundamental rights conferred by chapter 1 of
part 2 is involved, have the power to make an order to protect that right

. This order is called suo-moto action.

Under this article, the Supreme Court has a power to take notice on violation of
human rights in the country.

Article 199 of the constitution

Under this article of the constitution, every citizen of Pakistan can invoke the writ
jurisdiction of high court and seek remedy against infringement of fundamental
rights guaranteed there under.

The high court on the application of any aggrieved person, make an order giving
such directions to any person or authority including any government exercising
any power to any territory within the jurisdiction of that court for the
enforcement of any of the fundamental rights conferred by chapter 1 of part 2.

Article 8 of the Constitution

Any law in consistent with or in derogation of fundamental rights to be void.

If any law passed by the parliament which is against the constitution and violation
of any human rights is declare null and void by the Supreme Court of Pakistan.

Section 491 of CRPC

Any high court may whenever it thinks fits direct

 That a person within the limits of its appellate criminal jurisdiction be

brought up before the court to be dealt with according to law

 That a person illegally or improperly detained in public or private custody

within such limits be set at liberty
  That a prisoner detained in any jail situated within such limits be brought
before the court to be there examined as a witness in any matter pending
or to be inquire into in such court.

All these provisions are providing due process and fair trial to an individual so the
high court can issue the orders to protect the fundamental rights of the citizen
which is a fair trial.

x-------------------------------x------------------------x--------------------------x-------------------x

Universal Declaration of Human Rights UDHR

ANSWER

Background of UDHR

After World war 2, When the atrocities committed by Nazi Germany on Jews
became apparent, the consensus within the world community was that the UN
charter didn’t sufficiently define the rights it referenced. A universal declaration
that specified the rights of individuals was necessary to give effect to the charters
provision on human rights.

Making of UDHR:

Canadian expert John Peters Humphrey was the main drafter to the UDHR &
director of UN secretariat. The commission on human rights a standing body of
the UN, was constituted to undertake the work of preparing a document. The
membership of the commission was designed in order to represent the global
community like representative from Australia, Belgium, Chile, China, France, UK
etc. John peter provided the initial draft which became the working text of the
commission

Authorship

John Peter Humphrey(was a Canadian And a main drafter and director of UN

secretariat), Rene Cassin(France) P.C change(China) and others.
Adoption UDHR is a declaration adopted by the UN general assembly on 10th
Dec, 1948 in Paris

Universal Declaration of human rights UDHR

UDHR has 30 articles starting with a preamble

Preamble

The General assembly proclaims UDHR as a common standard of achievement for

all the peoples and all nations to the aim that every individual and every organ of
society, keeping this declaration constantly in mind, shall strive by teaching to
promote respect for these rights and freedoms and by the national and
international progressive measures to secure their universal recognition, both
among the peoples of member states themselves and among the peoples of
territories under their jurisdiction.

ARTICLE 1 to 18(CIVIL RIGHTS)

Article 1-4-----right to life and liberty

• All people born free and equal in dignity and entitled to every right mentioned
in this declaration.

• Every one has the right to life, liberty, personal security and freedom from
slavery

Article 5-12-----Rights in CJS

• Every one has the freedom from torture and degrading treatment

• Every one is equal before the law

• Every one has the right to an effective remedy by the competent tribunals for
act violating the fundamental rights granted him by the constitution or by law.

• Freedom of arbitrary arrest and exile

• Right to fair trial and should be free from the interference in someone's privacy
Article 13-15----- Rights to movement, nationality

• Everyone has a right to free movement in and out of country and asylum in
other countries.

• They have a right to nationality and change it

Article 16-18

• Right to marriage

• Right to property

• Right to religion ARTICLE 19-21

(POLITICAL RIGHTS)

▪ Everyone is entitled to freedom of opinion and expression

▪ Right of peaceful assembly and association.

▪ They have a right to participate in government and in free election and to give
vote.

ARTICLE 26 -26 (SOCIAL AND ECONOMIC RIGHT)

• Everyone has the right to social security

• They have the right to do desirable work and join the trade unions.

• Right to take rest and leisure/right to free basic education

ARTICLE 27-30(CULTURAL RIGHTS AND PROTECTION OF HUMAN RIGHTS)

• Every one has the duty to the communities for the free and full development of
the personality occur and in the exercise of such rights. Everyone is subjected to
shall limitations that are determined by the law for the purpose of securing the
rights of others.

• Everyone has the freedom from the state or other groups of people
interferences in the destruction of set forth rights.

x-------------------------------x------------------------x--------------------------x-------------------x

International convention on Civil and Political rights (ICCPR)

ANSWER

1. Date of Adoption 1966

2. Entry into force 1976
3. Ratification status 171 states
4. Ratification by Pakistan 2008

BACKGROUND:

The United Nations International Covenant of Civil and Political Rights (ICCPR)
attempts to ensure the protection of civil and political rights. It was adopted by
the United Nations’ General Assembly on December 19, 1966, and it came into
force on March 23, 1976. The International Covenant on Economic Social and
Cultural Rights, the Universal Declaration of Human Rights, and the ICCPR and its
two Optional Protocols, are collectively known as the International Bill of Rights.
PURPOSE:

The ICCPR recognizes the inherent dignity of each individual and undertakes to
promote conditions within states to allow the enjoyment of civil and political
rights. Countries that have ratified the Covenant are obligated “to protect and
preserve basic human rights… [and] “compel[ed] to take administrative, judicial,
and legislative measures in order to protect the rights enshrined in the treaty and
to provide an effective remedy.” There are currently 74 signatories and 168
parties to the ICCPR.
RIGHTS IN ICCPR

Article 6: Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life. In countries
which have not abolished the death penalty, sentence of death may be imposed
only for the most serious crimes in accordance with the law in force at the time of
the commission of the crime

Article 7 : No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment. In particular, no one shall be subjected without his free
consent to medical or scientific experimentation

Article 8 : Freedom of slavery, servitude or forced labor

Article 9 :Everyone has the right to liberty and security of person. No one shall be
subjected to arbitrary arrest or detention, Anyone who is arrested shall be
informed, at the time of arrest, Anyone arrested or detained on a criminal charge
shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to
release.

Article 10 : Rights of detainees (Respect should be given to the arrested ones,

juveniles should be incarcerated separated from the adult offenders while there
should be also segregation of under trails offenders)

Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a

contractual obligation.

Article 12 : Everyone lawfully within the territory of a State shall, within that
territory, have the right to liberty of movement and freedom to choose his
residence. Everyone shall be free to leave any country, including his own, No one
shall be arbitrarily deprived of the right to enter his own country.

Article 13 – Rights of aliens (they should be expelled from the country if a court or
other agencies think that it will create any kind of problem to the security of a
country otherwise they should set allow to remain in the territory of that
particular country)
Article 14 Equality before the courts and tribunals. Right to a fair trial. Everyone
charged with a criminal offence shall have the right to be presumed innocent until
proved guilty according to law. In the case of juvenile persons, the procedure shall
be such as will take account of their age and the desirability of promoting their
rehabilitation. Everyone convicted of a crime shall have the right to his conviction
and sentence being reviewed by a higher tribunal according to law

Article 15 : No one shall be held guilty of any criminal offence on account of any
act or omission which did not constitute a criminal offence, under national or
international law, at the time when it was committed. Nor shall a heavier penalty
be imposed than the one that was applicable at the time when the criminal
offence was committed.

Article 16 – Right to recognition as a person before the law.

Article 17 – Freedom from arbitrary or unlawful interference.
Article 18 – Right to freedom of thought and religion.

Article 19 – Right to hold opinions without interference, freedom of expression

and respect of other reputation

Article 20: Any propaganda for war shall be prohibited by law. Any advocacy of
national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence shall be prohibited by law

Article 21 – Right of peaceful assembly.

Article 22 – Right to freedom of association with others.

Article 23 : The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State. The right of men and women of
marriageable age to marry and to found a family shall be recognized. No marriage
shall be entered into without the free and full consent of the intending spouses

Article 24 – Children’s rightsEvery child shall have, without any discrimination as

to race, color, sex, language, religion, national or social origin, property or birth,
the right to such measures of protection as are required by his status as a minor,
on the part of his family, society and the State. Every child shall be registered
immediately after birth and shall have a name. Every child has the right to acquire
a nationality.

Article 25 – Right to political participation.

Article 26 – Equality before the law.

Article 27: In those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in community
with the other members of their group, to enjoy their own culture, to profess and
practice their own religion, or to use their own language.

Note:

The rest of the article that is up to 53 deals with the process of the committee
and convention

x-------------------------------x------------------------x--------------------------x------------------X

International Covenant on Economic, Social and Cultural Rights (ICESCR)

ANSWER

1. Date of Adoption 1966

2. Entry into force 1976
3. Ratification status 168 states
4. Ratification by Pakistan 2008

INTRODUCTION

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a

multilateral treaty adopted by the United Nations General Assembly on 16
December 1966, and in force from 3 January 1976. It commits its parties to work
toward the granting of economic, social, and cultural rights (ESCR) to the Non-
Self- Governing and Trust Territories and individuals, including labor rights and
the right to health, the right to education, and the right to an adequate standard
of living. As of 2014, the Covenant had 162 parties. A further seven countries,
including the United States of America, had signed but not yet ratified the
Covenant. The ICESCR is part of the Declaration on the Granting of Independence
to Colonial Countries and Peoples, International Bill of Human Rights, along with
the Universal Declaration of Human Rights (UDHR) and the International
Covenant on Civil and Political Rights (ICCPR), including the latter's first and
second Optional Protocols. The Covenant is monitored by the UN Committee on
Economic, Social and Cultural Rights

RIGHTS IN ICESCR

Part 1

(Article 1) recognizes the right of all peoples to self-determination(The process by

which a person controls their own life) including the right to "freely determine
their political status", pursue their economic, social and cultural goals, and
manage and dispose of their own resources..

Part 2

(Articles 2–5) establishes the principle of "progressive realization“ (continuously

achievement of rights). It also requires the rights be recognized "without
discrimination of any kind as to race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status". The rights
can only be limited by law, in a manner compatible with the nature of the rights,
and only for the purpose of "promoting the general welfare in a democratic
society".

Part 3

(Articles 6–15) lists the rights themselves. These include rights to

Article 6: The States Parties to the present Covenant recognize the right to work,
which includes the right of everyone to the opportunity to gain his living by work
which he freely chooses or accepts, and will take appropriate steps to safeguard
this right.
Article 7: The States Parties to the present Covenant recognize the right of
everyone to the enjoyment of just and favorable conditions of work which ensure,
in particular:

A. Remuneration which provides all workers, as a minimum, with

 Fair wages and equal remuneration for work of equal value without
distinction of any kind, in particular women being guaranteed conditions of
work not inferior to those enjoyed by men, with equal pay for equal work;

 A decent living for themselves and their families in accordance with the
provisions of the present Covenant;

B. Safe and healthy working conditions;

C. Equal opportunity for everyone to be promoted in his employment to an

appropriate higher level, subject to no considerations other than those of
seniority and competence;

D. Rest, leisure and reasonable limitation of working hours and periodic holidays
with pay, as well as remuneration for public holiday Article 8: The right of
everyone to form trade unions and join the trade union of his choice, subject only
to the rules of the organization concerned, for the promotion and protection of
his economic and social interests.

Article 9: Social security, including social insurance

Article 10: Family life, including paid parental leave and the protection of children

Article 11: An adequate standard of living, including adequate food, clothing

and housing, and the "continuous improvement of living conditions“

Article 12: Health, specifically "the highest attainable standard of physical and
mental health“

Article 13 & 14: Education, including free universal primary education, generally
available secondary education and equally accessible higher education. This
should be directed to "the full development of the human personality and the
sense of its dignity", and enable all persons to participate effectively in society

Article 15: Participation in cultural life

Part 4 (Articles 16–25) About Committee

x-------------------------------x------------------------x--------------------------x------------------X

THE EUROPEAN CONVENTIONS ON HUMAN RIGHTS

ANSWER

BACKGROUND/HISTORY

The idea for the creation of the ECHR was proposed in the early 1940s while
the Second World War was still raging across Europe. It was developed to
ensure that governments would never again be allowed to dehumanize and
abuse people’s rights with impunity, and to help fulfil the promise of ‘never
again. In May 1948 after the war had ended, the ‘Congress of Europe’ was held
in The Hague, a gathering of over 750 delegates which included leaders from
civil society groups, academia, business and religious groups, trade unions, and
leading politicians from across Europe such as Winston Churchill, François
Mitter and and Konrad Adenauer.

The European Convention on Human Rights was formally drafted by the

Council of Europe in Strasbourg during the summer of 1949. Over 100
members of parliament from across Europe assembled to draft the charter.
The United Kingdom was the very first nation to ratify the convention in March
of 1951.

The Convention came into full effect on the 3rd September 1953.

SUMMARY OF THE PREAMBLE

The member governments of the Council of Europe work towards peace and
greater unity based on human rights and fundamental freedoms. With this
Convention they decide to take the first steps to enforce many of the rights
contained in the Universal Declaration of Human Rights.

ARTICLE 1 - OBLIGATION TO RESPECT HUMAN RIGHTS States must ensure that

everyone has the rights stated in this Convention.

ARTICLE 2 - RIGHT TO LIFE You have the right to life.

ARTICLE 3 - PROHIBITION OF TORTURE No one ever has the right to hurt you or
torture you. Even in detention your human dignity has to be respected.

ARTICLE 4 - PROHIBITION OF SLAVERY AND FORCED LABOUR It is prohibited to

treat you as a slave or to impose forced labour on you

ARTICLE 5 –RIGHT TO LIBERTY AND SECURITY You have the right to liberty. If you
are arrested you have the right to know why. If you are arrested you have the
right to stand trial soon, or to be released until the trial takes place.

ARTICLE 6 - RIGHT TO A FAIR TRIAL You have the right to a fair trial before an
unbiased and independent judge. If you are accused of having committed a crime,
you are innocent until proved guilty. You have the right to be assisted by a lawyer
who has to be paid by the state if you are poor.

ARTICLE 7 - NO PUNISHMENT WITHOUT LAW You cannot be held guilty of a crime

if there was no law against it when you did it.

ARTICLE 8 - RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE You have the right
to respect for your private and family life, your home and correspondence.
ARTICLE 9 - FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION You have the
right to freedom of thought, conscience and religion. You have the right to
practice your religion at home and in public and to change your religion if you
want.

ARTICLE 10 - FREEDOM OF EXPRESSION You have the right to responsibly say

and write what you think and to give and receive information from others. This
includes freedom of the press.
ARTICLE 11 - FREEDOM OF ASSEMBLY AND ASSOCIATION You have the right to
take part in peaceful meetings and to set up or join associations including trade
unions.

ARTICLE 12 - RIGHT TO MARRY You have the right to marry and to have a family.
ARTICLE 13 - RIGHT TO AN EFFECTIVE REMEDY If your rights are violated, you can
complain about this officially to the courts or other public bodies.

ARTICLE 14 - PROHIBITION OF DISCRIMINATION You have these rights regardless

of your skin colour, sex, language, political or religious beliefs, or origins.

ARTICLE 15 - DEROGATION IN TIME OF EMERGENCY In time of war or other

public emergency, a government may do things which go against your rights, but
only when strictly necessary. Even then, governments are not allowed, for
example, to torture you or to kill you arbitrarily.

ARTICLE 16 - RESTRICTIONS ON POLITICAL ACTIVITY OF ALIENS Governments

may restrict the political activity of foreigners, even if this would be in conflict
with Articles 10, 11 or 14

ARTICLE 17 - PROHIBITION OF ABUSE OF RIGHTS Nothing in this Convention can

be used to damage the rights and freedoms in the Convention.

ARTICLE 18 - LIMITATION ON USE OF RESTRICTIONS OF RIGHTS Most of the

rights in this Convention can be restricted by a general law which is applied to
everyone. Such restrictions are only allowed if they are strictly necessary.

ARTICLES 19 TO 51 These articles explain how the European Court of Human

Rights works.

THE EUROPEAN COURT OF HUMAN RIGHTS (ECtHR)

HISTORY

The European Court of Human Rights (ECtHR) is a regional human rights judicial
body based in Strasbourg, France, created under the auspices of the Council of
Europe. The Court began operating in 1959 and has delivered more than 10,000
judgments regarding alleged violations of the European Convention on Human
Rights.

In 1998, the European human rights system was reformed to eliminate the
European Commission of Human Rights, which previously decided the
admissibility of complaints, oversaw friendly settlements, and referred some
cases to the Court – in a manner similar to the current InterAmerican System.
Now, individual victims may submit their complaints directly to the European
Court of Human Rights

JURISDICTION

The Court has jurisdiction to decide complaints (“applications”) submitted by

individuals and States concerning violations of the Convention for the Protection
of Human Rights and Fundamental Freedoms (commonly referred to as the
“European Convention on Human Rights“), which principally concerns civil and
political rights. It cannot take up a case on its own initiative. Notably, the person,
group or non-governmental organization submitting the complaint (“the
applicant”) does not have to be a citizen of a State party. However, complaints
submitted to the Court must concern violations of the Convention allegedly
committed by a State party to the Convention and that directly and significantly
affected the applicant

PROCEEDINGS BEFORE THE COURT

Proceedings before the Court are conducted primarily in writing; public hearings
are rare.

There is no cost associated with submitting an application and the applicant may
apply for legal aid to cover expenses that arise later in the proceeding. While a
lawyer is not necessary to lodge a complaint, applicants should have
representation after the case is declared admissible, and must be represented by
a lawyer in any hearing before the Court.
Applications to the ECtHR go through two phases: admissibility and merits. The
specific nature of the case will dictate the speed and course of the proceedings.
However, it may be months or years before an applicant receives a decision or
judgment.

Composition of the Court

The judges are elected by the Parliamentary Assembly of the Council of Europe
from lists of three candidates proposed by each State. They are elected for a non-
renewable term of nine years.

Although judges are elected in respect of a State, they hear cases as individuals
and do not represent that State. They are totally independent and cannot engage
in any activity that would be incompatible with their duty of independence and
impartiality.

According to the European Convention on Human Rights, judges must "be of high
moral character and possess the qualifications required for appointment to high
judicial office or be juries consults of recognized competence".

A Section is an administrative entity and a Chamber is a judicial formation of the

Court within a given Section.
The Court has 5 Sections in which Chambers are formed. Each Section has a
President, a Vice-President and a number of other judges.

x-------------------------------x------------------------x--------------------------x------------------X

INTER AMERICAN CONVENTION ON HUMAN RIGHTS

PREAMBLE

The American states signatory to the present Convention, Reaffirming their

intention to consolidate in this hemisphere, within the framework of democratic
institutions, a system of personal liberty and social justice based on respect for
the essential rights of man; Recognizing that the essential rights of man are not
derived from one's being a national of a certain state, but are based upon
attributes of the human personality, and that they therefore justify international
protection in the form of a convention reinforcing or complementing the
protection provided by the domestic law of the American states

BACKGROUND

The American Convention on Human Rights (aka the Pact of San José) is a multilateral
treaty that establishes democratic institutions regarding fundamental human rights for
countries in the Western Hemisphere. The treaty entered into force on July 18, 1978.

Goal: To establish international regulations outlining the roles of states in

protecting human rights.

RIGHTS IN IACHR

PART-1
CHAPTER I - GENERAL OBLIGATIONS
Article 1. Obligation to Respect Rights

The States Parties to this Convention undertake to respect the rights and
freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social
condition

ARTICLE -2 Where the exercise of any of the rights or freedoms referred to in

Article 1 is not already ensured by legislative or other provisions legislative or
other measures as may be necessary to give effect to those rights or freedoms.,

CHAPTER II - CIVIL AND POLITICAL RIGHTS

Article 3. Right to Juridical Personality Every person has the right to recognition
as a person before the law.

Article 4. Right to Life Every person has the right to have his life respected.
This right shall be protected by law and, in general, from the moment of
conception. No one shall be arbitrarily deprived of his life.
Article 5. Right to Humane Treatment Every person has the right to have his
physical, mental, and moral integrity respected.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated
with respect for the inherent dignity of the human person.

Article 6. Freedom from Slavery No one shall be subject to slavery or to

involuntary servitude, which are prohibited in all their forms, as are the slave
trade and traffic in women. No one shall be required to perform forced or
compulsory labor.

Article 8. Right to a Fair Trial Every person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and
impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his
rights and obligations of a civil, labor, fiscal, or any other nature.

Article 9. Freedom from Ex Post Facto Laws No one shall be convicted of any act
or omission that did not constitute a criminal offense, under the applicable law, at
the time it was committed. A heavier penalty shall not be imposed than the one
that was applicable at the time the criminal offense was committed. If
subsequent to the commission of the offense the law provides for the imposition
of a lighter punishment, the guilty person shall benefit therefrom.

Article 11. Right to Privacy Everyone has the right to have his honor respected
and his dignity recognized.
No one may be the object of arbitrary or abusive interference with his private
life, his family, his home, or his correspondence, or of unlawful attacks on his
honor or reputation.

Article 12. Freedom of Conscience and Religion Everyone has the right to
freedom of conscience and of religion. This right includes freedom to maintain or
to change one's religion or beliefs, and freedom to profess or disseminate one's
religion or beliefs, either individually or together with others, in public or in
private.
Article 13. Freedom of Thought and Expression Everyone has the right to
freedom of thought and expression. This right includes freedom to seek, receive,
and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing, in print, in the form of art, or through any other medium of one's
choice.

Article 15. Right of Assembly The right of peaceful assembly, without arms, is
recognized. No restrictions may be placed on the exercise of this right other than
those imposed in conformity with the law and necessary in a democratic society
in the interest of national security, public safety or public order, or to protect
public health or morals or the rights or freedom of others.

Article 16. Freedom of Association Everyone has the right to associate freely for
ideological, religious, political, economic, labor, social, cultural, sports, or other
purposes.
The exercise of this right shall be subject only to such restrictions established by
law as may be necessary in a democratic society, in the interest of national
security, public safety or public order, or to protect public health or morals or the
rights and freedoms of others.

Article 19. Rights of the Child Every minor child has the right to the measures of
protection required by his condition as a minor on the part of his family, society,
and the state.

Article 20. Right to Nationality Every person has the right to a nationality.
Every person has the right to the nationality of the state in whose territory he was
born if he does not have the right to any other nationality.
No one shall be arbitrarily deprived of his nationality or of the right to change it.
Article 21. Right to Property Everyone has the right to the use and enjoyment
of his property. The law may subordinate such use and enjoyment to the interest
of society.
No one shall be deprived of his property except upon payment of just
compensation, for reasons of public utility or social interest, and in the cases and
according to the forms established by law.
Usury and any other form of exploitation of man by man shall be prohibited by
law.
 Article 22. Freedom of Movement and Residence Every person lawfully in the
territory of a State Party has the right to move about in it, and to reside in it
subject to the provisions of the law.
Every person has the right to leave any country freely, including his own.

CHAPTER III –
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Article 26. Progressive Development
The States Parties undertake to adopt measures, both internally and through
international cooperation, especially those of an economic and technical nature,
with a view to achieving progressively, by legislation or other appropriate means,
the full realization of the rights implicit in the economic, social, educational,
scientific, and cultural standards set forth in the Charter.

x-------------------------------x------------------------x--------------------------x------------------X

Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW)
Background/History/Introduction

In 1946 united nations ask a group a experts belonging to various government to

recommend ways to improve the lives of women. This group is known as the
commission of the status of women. The commission made a number of
agreements to protect women rights till 1967. In 1975 world conference was held
and it was decided the convention on the elimination against women
discrimination should be adopted and the year was celebrated as world women
day.

5. Date of Adoption 1979

6. Entry into force 1981
7. Ratification status 189 states
8. Ratification by Pakistan 12th march 1996
RIGHTS IN CEDAW

The Convention is structured in six parts with 30 articles total

Part I:
(Articles 1-6) focuses on non-discrimination, equality and trafficking.
Art-1: Discrimination against women
Any distinction , exclusion or restriction made on the basis of sex that has
the purpose of nullifying women's enjoyment of human rights and freedom
in political, economic, social, cultural, civil or any other field.
Art-2: Duties of state
States shall take all appropriate measures of eliminating policies of
discrimination against women should take step to eliminate discrimination
law and practices in the national legal frame work.
Art-3: Equality
State shall take appropriate measures to guarantee the fundamental rights
and freedoms on the basis of equality with men.
Art-4: Special measures by state
States are allowed to adopt special measures aimed at protecting maternity
Art-5: Stereotypes & prejudices elimination
States shall take appropriate measures to eliminate stereotype, prejudices
and discriminatory cultural practices. States shall ensure that family
education includes proper understanding of maternity as a social function.
Art-6: Prostitution & trafficking
States shall take all measures to stop all forms of trafficking and
prostitution of women.

Part II (Articles 7-9)

Article- 7: Political & Public life
State shall ensure that women have equal rights with men to vote, hold
public office and participation in civil society
Article – 8: Participation at the international level
States shall ensure that women are allowed to represent their government
at international level and to participate in the work of international
organization.
Article – 9: Nationality
States shall grant right to women to change, acquire, retain their their
children nationality.

Part III
(Articles 10-14) describes the economic and social rights
Art-10: Education
States shall ensure that women have equal rights with men in education
including equal access to schools, vocational training.
Art-11: Employment
States shall ensure that women have the same opportunities as men in
employment, promotion, training, equal remuneration and social security.
Art-12: Health
States shall ensure that women have equal rights with men to access to
health with men to access to health care services, including reproductive
health services.
Art-13: Economic and social benefits
States shall ensure that women have equal rights with men to family
benefits, bank loans and other form of financial credit. They should be
allowed to participate equally in recreational activities and cultural life.
Art-14: Rural women
States shall take appropriate measures to eliminate discrimination against
women in rural areas so that they can participate and take benefit from
health, care, education, social security etc equally with men.
Part IV
(Article 15 and 16) outlines
Art-15: Equality before law
States shall ensure that women and men are treated equally before law.
Women have same legal rights to enter contracts, own property and
choose their place of residence.
 Art-16: Marriage and family life
States shall ensure that women have equal rights with men in relation to
marriage and other aspects of family life.
Part V (Articles 17-22) establishes the Committee on the Elimination of
Discrimination against Women as well as the states parties' reporting
procedure.
Part VI (Articles 23-30) describes the commitment of the state’s parties and
the administration of the Convention.

x-------------------------------x------------------------x--------------------------x------------------X

INTERNATIONAL HUMANITARIAN LAW (IHL)

Concept

A humanitarian intervention is an armed intervention by a state in another state,

without the agreement of that state to address humanitarian disaster in particular
caused by grave and larger scale violations of fundamental human rights by
publically and internationally stating its goals.

The key aspects of this definition are related to sovereignty and human rights:-

Firstly for an action to be intervention, sovereignty of the state being intervened

must be breached.

Secondly for an intervention to be humanitarian the desire to address violations

of human rights should be the driving force in the intervention decisions.

INTRODUCTION

There is increasing consensus that humanitarian operations must integrate

human rights into conflicts situation. Humanitarian operations are established in
conflict or complex emergency situations where priorities have traditionally
focused on addressing the most immediate needs and longer term security. In
conflict and complex emergency situations identification of human rights violation
and efforts to protect those rights are essential, particularly as states may be
unwilling or unable to protect human rights.

Human rights issues are being integrate into humanitarian operations in various
ways. The executive committee in humanitarian affairs brings together relevant
department of UN thus ensuring a coordinated and integrated approach to
humanitarian issues. Steps are being taken to guarantee that humanitarian field
staff are trained in methods of basic humans rights intervention, standards and
procedures to secure field cooperation between human rights and humanitarian
bodies and to encourage human rights monitoring in humanitarian operations.

History of Humanitarian Intervention

Normally, birth of the doctrine of Humanitarian Intervention is associated

with natural law and early international law.

Father of international law “Hugo Grotius”, in other words to promote

international order he refined “Just War” doctrine stressing that wars were only
allowed if based on specific legal reasons.

In his opinion right to revolution existed, in extreme cases of tyranny.

So his defense of humanitarian intervention was linked to the doctrine of

legitimate resistance to repression.

Grotius ideas of humanitarian intervention were later on supported by many

other 19th century they were reflected in the majority of publications.

In 19th century a number of interventions has made on humanitarian grounds

between 1827 to 1908.

However, in 20th century it lost ground in international law but after WWI

The legitimate use of force was reduced to cases of self defense and defense of
international peace and security . This was stipulated in the UN charter

LEGALITY OF HUMANITARIAN INTERVENTION UNDER INTERNATIONAL LAW

The UN charter gives the Security Council the power under in the UN charter by

Article 24(1) & ch VII To take any measures necessary to restore international
peace and security. These provisions allow the security council to authorize action
based on subsequent agreements such as UDHR.

If consensus can reach to security council that a humanitarian disaster is a threat

to international peace and security then UN can take action.

Under the UN charter security council determines existence of threat to peace.

Article 2(4) of UN charter prohibits the use of force by states (Except in self
defense)

Article 24(1) of UN charter gives the security council the primary responsibility
for the maintenance of international peace and security.

While security council has prime responsibility to authorize the use of force, some
states feel that certain members of council might prevent humanitarian
intervention from taking place.

Opinions differ among states over the primacy of security council, many want to
uphold its role while others point to its inherent flaws ad the way it is dominated
by the veto-holding permanent 5:- US Russia Britain French Chine

CRITERIA FOR HUMANITARIAN INTERVENTION

Humanitarian intervention should be carried out if,

1. The threat or occurrence of grave and large scale violations of human

rights.
2. Clear and objective evidence of such a threat.
3. The government or state is unwilling or unable to take remedial action.
4. The use of force should be last resort
5. The purpose should clearly explained to public and international
community
6. The purpose should limited to stop human rights abuses.
7. There should be support of regional states
 8. There should be highly probability of success.
9. The use of force should be proportionate to achieving these goals.

x-------------------------------x------------------------x--------------------------x------------------X

REFUGES LAW
BACKGROUND
Throughout the 20th century, the international community steadily assembled a
set of guidelines, laws and conventions to ensure the adequate treatment of
refugees and protect their human rights. The process began under the League of
Nations in 1921. In July 1951, a diplomatic conference in Geneva adopted the
Convention relating to the Status of Refugees (‘1951 Convention’), which was
later amended by the 1967 Protocol. These documents clearly spell out who is a
refugee and the kind of legal protection, other assistance and social rights a
refugee is entitled to receive.
Refugees are forced to flee because of a threat of persecution and because they
lack the protection of their own country.
A migrant, in comparison, may leave his or her country for many reasons that are
not related to persecution, such as for the purposes of employment, family
reunification or study. A migrant continues to enjoy the protection of his or her
own government, even when abroad.
RIGHTS OF REFUGES
The 1951 Refugee Convention and its 1967 Protocol
The 1951 Convention and its 1967 Protocol are the only global legal instruments
explicitly covering the most important aspects of a refugee’s life. According to
their provisions, refugees deserve, as a minimum, the same standards of
treatment enjoyed by other foreign nationals in a given country.
Article 1A(2) a refugee as a person who is outside his or her country of
nationality or habitual residence; has a well-founded fear of being persecuted
because of his or her race, religion, nationality, membership of a particular social
group or political opinion; and is unable or unwilling to avail him— or herself of
the protection of that country, or to return there, for fear of persecution
Article 4 The right to freedom of religion The right to freedom of religion
Article 16 The right to access the courts, when the refuges rights are violated they
approach the courts for redressed
Articles 17 to 19 The right to work that the state party gives a job or making an
environment that the refuges work according to their skill to earn money and to
feed their family.
Article 21 The right to housing, that the state will give shelter where the refuges
will lives and spend their lives according to their religion ,culture .
Article 22 The right to education , that the state gives education to refuges their
family and give a separate quota in education institution.
Article 26 The right to freedom of movement within the territory, that the
refuges free to go anywhere for the fulfillment of their needs with according to
subject to law.
Articles 27 and 28 The right to be issued identity and travel documents, that the
state give separate identity to the refuges and travel pass to them.
Article31 The right not to be punished for illegal entry into the territory of a
contracting State.
Article 32 The right not to be expelled, except under certain, strictly defined
conditions.
x-------------------------------x------------------------x--------------------------x------------------X