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HUMAN RIGHTS LAW

L-222 BA-LLB
BY
DR. MUHAMMAD TAHIR

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Syllabus
 Human rights law is a distinct and fast developing area of law.
Pakistan has signed and ratified various core International Human
Rights Instruments and is required to follow the principles and
directions laid down in these instruments. The course is designed
to impart knowledge about meaning, scope and importance of
human rights. The origin of human rights as a product of natural law
derived from different philosophical and religious basis and its
development. The course examines and raises a number of
challenging questions for lawyers: the implementation of human
rights, the universality and cultural debate etc. The focus of the
course would be on International Bill of Human Rights, the
enforcement mechanism both under the UN Chartered based
bodies and the treaty-based system. National Human Rights Law
as contained in the Constitution and other statutes and its
enforcement mechanisms. The course will also examine major
human rights issues in Pakistan and the region.
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Syllabus

 CHAPTER 1 Introduction of Human Rights Law

 CHAPTER 2 meaning, scope and importance of human rights
 CHAPTER 3 The origin of human rights as a product of natural law
 CHAPTER 4 International Bill of Human Rights, the enforcement mechanism
 CHAPTER 5 The implementation of human rights
 CHAPTER 6 The UN chartered based bodies and the treaty-based system
 CHAPTER 7 National Human Rights Law as contained in the Constitution and

other statutes and Enforcement Mechanisms

 CHAPTER 8 Human/Fundamental rights as per constitution of Pakistan 1973
 CHAPTER 9 Human Rights issues in Pakistan and in Region
 CHAPTER 10 Implementation challenges of Human Rights in South Asia Region

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 Human Rights Law
• INTRODUCTION

• Even though the origin of human rights is ancient, the international concern with
human rights may be said to be of comparatively recent origin. The UN Charter
marks the advent of systematic human rights protection within the International
system.
• The idea of human rights is as old as humanity, its systematic proclamation and
declaration are more recent. The world’s first bill of human rights was
discovered on a clay tablet dating back from the reign of Cyrus the Great (555-
529 BC)
• The documents which form the historical foundation of modern human rights
jurisprudence are the English Bill of Rights (1688), the American Declaration of
Independence (1776) and the French Declaration of Rights of Man (1789).The
legal process in the universality of human rights effectively commenced with the
Universal Declaration of Human Rights 1948 (UDHR).

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 MEANING OF HUMAN
RIGHTS
• Human Beings are rational beings. They by virtue of their being human
possess certain basic and inalienable rights which are commonly known
as human rights.
• Human Rights are defined as all those rights which are essential for the
protection and maintenance of dignity of individuals and create conditions in
which every human being can develop his personality to the fullest extent
may be termed as human rights.
• Human rights become operative with the birth of an individual. Human
rights, being the birth right, are inherent in all the individuals irrespective
of their caste, religion, sex and nationality.
• Because of their immense significance to human beings ; human rights
are also sometimes referred to as fundamental rights, basic rights,
inherent rights, natural rights and birth rights.

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 KINDS OF HUMAN RIGHTS
• There are two kinds of Human Rights :
1. Civil and Political Rights.
2. Economic Social and Cultural Rights

1. CIVIL AND POLITICAL RIGHTS:

Civil rights and liberties are referred to those rights which are related to
the protection of the right to life and personal liberty . They are essential
for a person so that he may live a dignified life. such rights include right to
life, liberty , right to privacy, freedom from torture and right to own
property. These rights also known as (freedom from).
Whereas political rights may be referred to those rights which allow a
person to participate in the government of a state. For e.g. right to vote,
right to be elected and right to take part in conduct of public affairs.

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• The nature of both civil and political rights may be different but they are
inter-related and therefore it does not appear logical to differentiate them.
This reason led to the formulation of one covenant covering both civil and
political rights into one covenant i.e. International Covenant on civil and
political rights.

2. ECONOMIC, SOCIAL AND CULTURAL RIGHTS:

Economic, social and cultural rights are based fundamentally on the

concept of social equality( also called ‘freedom to’) are related to the
guarantee of minimum necessities of the life to human beings . In the
absence of these rights the existence of human beings is like to be
endangered.
• Right to adequate food, clothing, housing and adequate standard of living
and freedom from hunger, right to work , right to social security, right to
physical and mental health and right to education are included in this
category of rights.
• These rights sometimes called positive rights require active intervention,
not abstentions on the part of the states. The enjoyment of these rights
requires a major commitment of resources and therefore their realization
cannot be immediate as in the case of civil and political rights.ar

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 ECONOMIC, SOCIAL AND CULTURAL RIGHTS:
• Although the United Nations has recognized the above two sets of rights in
two separate Covenants i.e.
• International covenant on civil and political rights ( ICCPR) and
• International covenant on economic social and cultural rights
( ICESCR) there is a close relationship between them. It has been rightly
realized especially by the developing countries that civil and political rights
can have no meaning unless they are accompanied by social, economic
and cultural rights. Thus both categories of rights are equally important
and where civil and political rights do not exist, there cannot be full
realization of economic, social and cultural rights and vice versa.

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 ORIGINS OF HUMAN
RIGHTS
The United Nations pinpoint the origin of Human Rights to
the year 539 BC. When the troops of Cyrus the Great
conquered Babylon, Cyrus freed the slaves, declared that
all people had the right to choose their own religion, and
established racial equality. These and other precepts were
recorded on a baked-clay cylinder known as the Cyrus
Cylinder, whose provisions served as inspiration for the
first four Articles of the Universal Declaration of Human
Rights.

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 MODERN HUMAN RIGHTS-
•
CONECEPT
Human rights is one of such rights which has been conferred to individuals by
the states in the modern International Law.

• The modern perspective to human rights is reflected in the Vienna Declaration

adopted by the World conference on Human rights in June 1993. The
declaration categorically states that all human rights are universal, indivisible
and interdependent and inter-related and that democracy, development and
respect for human rights and fundamental freedoms are interdependent and
mutually reinforcing. The conference reaffirmed the right to development as a
universal inalienable right and an integral part of the fundamental human
rights.

• The legal process in the universality of human rights effectively commenced with
the universal declaration of human rights 1948 (UDHR).
• Adoption of the UN charter in the aftermath of the Second World War can
rightly be considered as a landmark in the journey towards universal
acceptance of human rights.

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 MODERN HUMAN RIGHTS-
•
CONECEPT
Through a long process of evolution , modern human rights jurisprudence
has crystallized into three basic principles:

1. The principle of universal inherence: Every human being has certain

rights, capable of being enumerated and defined which are not conferred on
him by any ruler, nor earned or acquired by purchase, but which inhere in
him by virtue of his humanity alone.

2. The principle of inalienability: no human being can be deprived of any of

those rights by the acts of any ruler or even by his own act or in a
democracy even by the will of the majority of the sovereign people.

3. The rule of Law : Where rights conflict with each other, the conflicts
must be resolved by the consistent, independent and impartial application
of just laws in accordance with just procedures.
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 MODERN HUMAN RIGHTS-
•
CONECEPT
An individual can seek human rights only in an organized community, i.e. a
state , or in other words where the civil social order exists. Thus the
principle of protection of human rights is derived from the concept of man
as a person and his relationship with an organized society which cannot be
separated from universal human nature.
• Human rights being essential for all- round development of the personality
of the individuals in the society be necessarily protected and be made
available to all the individuals. They must be preserved, cherished and
defended if peace and prosperity are to be achieved . Human rights are
the very essence of a meaningful life and to maintain human dignity is the
ultimate purpose of the government.

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 MODERN HUMAN RIGHTS-
• CONECEPT
The efforts for the creation of an international organization, in order to
establish peace, were being made even when the World War II was in
progress. Many declarations adopted by the conference laid down the
importance of human rights. The declaration of the United Nations signed on
January 1,1942 at Washington was the first document which used the term
human rights.
• Thus, human rights became a matter of International concern with the end of
World War II and the founding of the United Nations. Since then international
human rights law has been developing in an unprecedented way and has
become a very substantive part of International law as a whole. Although there
is no global government as such to protect human rights, it is being protected by
the various bodies of the United Nations and the inter- governmental
organizations.
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 CONCEPT OF HUMAN RIGHT IN
ISLAM
When we speak of human rights in Islam we really mean that
these rights have been granted by god; they have not been
granted by any king or by any legislative assembly. The rights
granted by the kings or the legislative assemblies, can also be
withdrawn in the same manner in which they are conferred. The
same is the case with the rights accepted and recognized by
the dictators. They can confer them when they please and
withdraw them when they wish; and they can openly violate
them when they like.

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CONCEPT OF HUMAN RIGHT IN
ISLAM
But since in Islam human rights have been conferred by god,
no legislative assembly in the world, or any government on
earth has the right or authority to make any amendment or
change in the rights conferred by god.
No one has the right to abrogate them or withdraw them. Nor
are they the basic human rights which are conferred on paper
for the sake of show and exhibition and denied in actual life
when the show is over. Nor are they like philosophical concepts
which have no sanctions behind them.

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 CONCEPT OF HUMAN RIGHT IN
ISLAM
The charter and the proclamations and the resolutions of the
United Nations cannot be compared with the rights sanctioned by
God; because the former is not applicable to anybody while the
latter is applicable to every believer. They are a part and parcel of
the Islamic Faith. Every Muslim or administrators who claim
themselves to be Muslims will have to accept, recognize and
enforce them. If they fail to enforce them, and start denying the
rights that have been guaranteed by God or make amendments
and changes in them, or practically violate them while paying lip-
service to them, the verdict of the Holy Quran for such
governments is clear and unequivocal:
Those who do not judge by what God has sent down are the dis
Believers (kafirun). 5:44

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CONCEPT OF HUMAN RIGHT IN
ISLAM
The following verse also proclaims:
"They are the wrong-doers (zalimun)" (5:45), while a third
verse in the same chapter says: "They are the evil-livers
(fasiqun)" (5:47). In other words this means that if the temporal
authorities regard their own words and decisions to be right
and those given by God as wrong they are disbelievers.
The first thing that we find in Islam in this connection is that it
lays down some rights for man as a human being. In other
words it means that every man whether he belongs to this
country or that, whether he is a believer or unbeliever, whether
he lives in some forest or is found in some desert, whatever be
the case, he has some basic human rights simply because he
is a human being, which should be recognized by every
Muslim. In fact it will be his duty to fulfil these obligations.

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 CONCEPT OF HUMAN RIGHT IN
ISLAM
The Right to Life
The first and the foremost basic right is the right to live and respect human life.
The Holy Quran lays down:
Whosoever kills a human being without (any reason like) man slaughter, or
corruption on earth, it is as though he had killed all mankind ... (5:32)
The Right to the Safety of Life Immediately after the verse of the Holy Quran
which has been mentioned in connection with the right to life, God has said: "And
whoever saves a life it is as though he had saved the lives of all mankind" (5:32)
The Right to a Basic Standard of Life
Speaking about the economic rights the Holy Quran enjoins upon its followers:
And in their wealth there is acknowledged right for the needy and destitute. (51:19)

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CONCEPT OF HUMAN RIGHT IN
ISLAM
Individual's Right to Freedom
Islam has clearly and categorically forbidden the primitive
practice of capturing a free man, to make him a slave or to
sell him into slavery. On this point the clear and unequivocal
words of the Prophet (S) are as follows: "There are three
categories of people against whom I shall myself be a
plaintiff on the Day of Judgement. Of these three, one is he
who enslaves a free man, then sells him and eats this
money" (al-Bukhari and Ibn Majjah).

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 INTERNATIONAL HUMAN RIGHTS
• LAW
International human rights law has been developing extensively since the
creation of the United Nations. The most fundamental point about human
rights law is that it establishes a set of rules for all the people of all the states.
• Human rights is international in the sense of it being universal, applying to all
the individual. However, international human rights law refers mainly to the
obligations of states to individuals within their jurisdiction. When states fail to
assure realization of human rights to the individuals within their jurisdiction
international obligation arises. Thus, obligations to provide human rights
individuals is mainly intra-national and in some cases international.
• Thus a state is not free to treat its nationals as it pleases despite the fact that it
is sovereign. The greatest impact of human rights law has been to erode the
absolute control which a state had in the classical period.

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PROMOTION AND PROTECTION OF
HUMAN RIGHTS BY UNO
• The prime responsibility for the promotion of human rights under the
U.N Charter rests in the General Assembly, in the Economic and
Social Council and its subsidiary body i.e. the council on human
rights.

• The term protection of human rights which may mean implementation

and enforcement action does not find place in the U.N Charter. When
human rights violations assume massive dimensions, the General
Assembly and other organs of the UN can initiate discussion and
action. Among the United Nations agencies only the Security Council
and the International Court of Justice can engage in enforcement
action; only they have a competence to pass a binding resolution or
issue a binding judgment. Enforcement is thus the authoritative
application of human rights.

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INTERNATIONAL BILL OF RIGHT

• The International Bill of Human Rights was the name

given to UN General Assembly Resolution 217 (III) and
two international treaties established by the United
Nations. In December 1947, the Commission decided to
apply the term "International Bill of Human Rights" to the
series of documents in preparation and established three
working groups: one on the declaration, one on the
convention (which it renamed "covenant") and one on
implementation.

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INTERNATIONAL BILL OF RIGHT
The International Bill of Human Rights consists of the five core human
rights treaties of the United Nations that function to advance the
fundamental freedoms and to protect the basic human rights of all
people

1) Universal Declaration of Human Rights

2) International Covenant on Economic, Social and Cultural Rights

3) International Covenant on Civil and Political Rights

4) Optional Protocol to the International Covenant on Civil and Political

Rights

5) Second Optional Protocol to the International Covenant on Civil and

Political Rights, aiming at the abolition of the death penalty

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 COUNCIL ON HUMAN RIGHTS
• The Economic and Social Council (ECOSOC) , a principal organ of the United
Nations was most directly concerned with the question of human rights. The
Council under Article 68 of the U.N Charter was empowered to set up
commissions for the promotion of human rights and such other commissions
as may be required for the performance of its functions. The council may also
meets annually in Geneva for six weeks beginning in March. The commission
may also meet between annual sessions to deal with urgent human rights
situations.
• The council as determined by its terms of reference was directed to prepare
recommendations and reports on the following items:
1. On international bill of rights
2. International declarations and conventions on civil liberties, the status of
women, freedom of information .
3. The protection of minorities.
4. The prevention of discrimination on grounds of race, language or religion

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UNIVERSAL DECLARATION OF HUMAN
RIGHTS
• The idea for the protection for human rights and fundamental
freedoms was conceived in the Atlantic Charter (1941) and in
the Declaration of the United Nations (1942).
• The Universal Declaration of Human Rights was adopted in
1948 with an aim to enumerate human rights for all the people.
The UDHR has inspired a rich body of legally binding
international human rights treaties. It continues to be an
inspiration to all whether in addressing injustices, in times of
conflicts and in our efforts towards achieving universal
enjoyment of human rights.

• The Preamble of the Universal Declaration proclaims the

declaration as a common standard of achievement of all
people and all nations.
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UNIVERSAL DECLARATION OF HUMAN
RIGHTS
• The Universal Declaration contains 30 Articles . It enumerate the
basic principles of human rights in a most comprehensive manner.
Out of 30 articles , while 21 articles enumerated civil and political
rights, 6 articles cover economic and social rights.
• It is to be noted that the Universal Declaration does not permit a
state to derogate from their obligations in public emergency
which threatens the life of the nation. Thus even in such cases
the rights cannot be suspended.
• The World conference On Human Rights held in 1993 in Vienna
stated in the Declaration that all human rights derive from the dignity
and worth inherent in the human person , and that the human
person is the central subject of human rights and fundamental
rights.

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UNIVERSAL DECLARATION OF HUMAN
RIGHTS
Article 1
All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another
in a spirit of brotherhood.

Article 2
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the country
or territory to which a person belongs, whether it be independent, trust,
non-self-governing or under any other limitation of sovereignty.

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UNIVERSAL DECLARATION OF HUMAN
Article 3
RIGHTS
Everyone has the right to life, liberty and security of person.
Article 4
No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person before the
law.
Article 7
All are equal before the law and are entitled without any discrimination to
equal protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to
such discrimination. 29
UNIVERSAL DECLARATION OF HUMAN
RIGHTS
Article 8
Everyone has the right to an effective remedy by the
competent national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10
Everyone is entitled in full equality to a fair and public hearing
by an independent and impartial tribunal, in the determination
of his rights and obligations and of any criminal charge against
him.

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UNIVERSAL DECLARATION OF HUMAN
Article 11 RIGHTS
1. Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary
for his defence.
No one shall be held guilty of any penal offence on account of
any act or omission which did not constitute a penal 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 the penal offence was committed.
Article 12
No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor to attacks upon his honour
and reputation. Everyone has the right to the protection of the law
against such interference or attacks. 31
UNIVERSAL DECLARATION OF HUMAN
Article 13 RIGHTS
1. Everyone has the right to freedom of movement and residence within
the borders of each state.
2. Everyone has the right to leave any country, including his own, and to
return to his country.
Article 14
3. Everyone has the right to seek and to enjoy in other countries asylum
from persecution.
4. This right may not be invoked in the case of prosecutions genuinely
arising from non-political crimes or from acts contrary to the
purposes and principles of the United Nations.
Article 15
5. Everyone has the right to a nationality.
6. No one shall be arbitrarily deprived of his nationality nor denied the
right to change his nationality.GE
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UNIVERSAL DECLARATION OF HUMAN
Article 16 RIGHTS
1. Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family.
They are entitled to equal rights as to marriage, during marriage and
at its dissolution.
2. Marriage shall be entered into only with the free and full consent of
the intending spouses.
3. The family is the natural and fundamental group unit of society and is
entitled to protection by society and the State.
Article 17
4. Everyone has the right to own property alone as well as in
association with others.
5. No one shall be arbitrarily deprived of his property.

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UNIVERSAL DECLARATION OF HUMAN
Article 18 RIGHTS
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and
regardless of frontiers.
Article 20
1. Everyone has the right to freedom of peaceful assembly and
association.
2. No one may be compelled to belong to an association.

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UNIVERSAL DECLARATION OF HUMAN
Article 21 RIGHTS
1. Everyone has the right to take part in the government of his country,
directly or through freely chosen representatives.
2. Everyone has the right of equal access to public service in his
country.
3. The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.
Article 22
Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international co-operation
and in accordance with the organization and resources of each State, of
the economic, social and cultural rights indispensable for his dignity and
the free development of his personality.
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UNIVERSAL DECLARATION OF HUMAN
Article 23 RIGHTS
1. Everyone has the right to work, to free choice of employment, to just
and favourable conditions of work and to protection against
unemployment.
2. Everyone, without any discrimination, has the right to equal pay for
equal work.
3. Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by other
means of social protection.
4. Everyone has the right to form and to join trade unions for the
protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reasonable limitation
of working hours and periodic holidays with pay.
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UNIVERSAL DECLARATION OF HUMAN
RIGHTS
Article 25
1. Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his
family, including food, clothing, housing and medical
care and necessary social services, and the right to
security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care
and assistance. All children, whether born in or out of
wedlock, shall enjoy the same social protection.

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 Universal Declaration of Human Rights
Article 26
1. Everyone has the right to education. Education shall be free, at
least in the elementary and fundamental stages. Elementary
education shall be compulsory. Technical and professional
education shall be made generally available and higher education
shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance
and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance
of peace.
3. Parents have a prior right to choose the kind of education that shall
be given to their children.

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UNIVERSAL DECLARATION OF HUMAN
Article 27 RIGHTS
1. Everyone has the right freely to participate in the cultural
life of the community, to enjoy the arts and to share in
scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration
can be fully realized.

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UNIVERSAL DECLARATION OF HUMAN
Article 29 RIGHTS
1. Everyone has duties to the community in which alone the free and full
development of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose
of securing due recognition and respect for the rights and freedoms of
others and of meeting the just requirements of morality, public order
and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
Article 30

Nothing in this Declaration may be interpreted as implying for any State,

group or person any right to engage in any activity or to perform any act
aimed at the destruction of any of the rights and freedoms set forth herein.

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 International Humanitarian
•
Law
International humanitarian law is a branch of International Law which
provides protection to human beings from the consequences of armed
conflicts.
• Humanitarian Law deals with those matters which have an impact of armed
conflicts on the life ,personal integrity and liberty of human beings. Thus
humanitarian law may be referred to that body of law which defines those
principles and rules which limit the use of violence in times of war. These
rules are inspired by principles of humanity and they are meant to avoid
human sufferings and brutality in armed conflicts. However, those rules of
war which are based on humanitarian considerations or motivations are
called humanitarian law.
• International Humanitarian Law has much in common with the law of human
rights since both is concerned with the protection of the individuals
nevertheless there are important differences between the two. First
difference is that International humanitarian law is applied during the time of
armed conflicts whereas the law of human rights is applied in peace time.

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• The second difference is that the state which becomes a party to a human
rights treaty assumes an obligation to treat all person within the jurisdiction
in accordance with the provisions of the treaty .Humanitarian Law is
primarily made up of treaties, agreements between states intended to have
binding legal effect between the parties that have agreed to them and are
binding only between States which are parties to those treaties.
• International humanitarian law applies to all armed conflicts, i.e.
international armed conflicts as well as non-international armed conflicts.
International conflicts may mean an armed clash between two or more
states whereas non-international armed conflicts which take place in the
territory of a state between its armed forces. e.g.. civil war are included in
non-international armed conflicts.

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 IMPLIMENTATION OF HUMAN
RIGHTS
INTRODUCTION
It is often difficult to make a clear distinction between
‘supervision’ and ‘implementation’ of human rights, and no
consistent international terminology is used. In human rights
literature, protection, supervision, monitoring, and
implementation are terms often used indiscriminately to cover
both the mechanisms established to determine whether the
standards are adhered to, on the one hand, and actual
compliance by states with those standards, on the other. The
term ‘supervision’, discussed in the previous chapter, refers to all
procedures that have been instituted at the international level,
with the aim of monitoring compliance with human rights
standards at the domestic level.

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The term ‘implementation’ is used here in reference to actual
compliance with human rights standards by individual states as
well as all initiatives taken by those states themselves, other
states and international organs or other bodies to enhance
respect for human rights and prevent violations. Sometimes there
is an overlap between the two terms and some institutions use the
same or similar processes for both supervision and
implementation. Two examples illustrate this.

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 IMPLIMENTATION OF HUMAN
RIGHTS
INTRODUCTION
 Advisory services in the UN Human Rights system address
compliance of states with Human Rights obligations
(supervision) and assist states in improving respect for
Human Rights through, for example, the provision of
fellowships and expert advice (implementation).

 The UN Human Rights Council allows individual states to

discuss implementation questions in addition to dealing with
supervision (e.g., through the establishment of the position of
a country rapporteur).

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 THE UNIVERSAL DECLARATION OF
HUMAN RIGHTS IN THE 21ST
CENTURY
The Commission’s starting point in considering human rights
implementation is Article 28 of the UDHR, which provides that
“everyone is entitled to a social and international order in which the
rights and freedoms set forth in this Declaration can be fully
realized.” This statement invites us to focus on the disparity
between the world as it is, and the world we should hope to live in.
More specifically, it raises the question of why the human rights
embedded in the UDHR are far from realized today, and what more
the international community can – and must – do to make real the
ideal of human rights for all. This section of the report deals with
that challenge.

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In sections 6.2 and 6.3, we look at particular areas of rights, to give
an indication of how the implementation of human rights is faring,
and we develop a number of specific suggestions. In 6.4, we take
on some more general issues about sovereignty and state
responsibility, identifying the obstacles to and the opportunities for
the greater vindication of human rights.

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 LEGAL EFFECT OF THE
DECLARATION
• The Universal Declaration set for the International
community a common standard of achievement. It
recognized the inherent dignity and the equal and inalienable
rights of all people in all nations. It is the duty of the States
regardless of their social, political and economic systems to
promote and protect human rights.
• The Universal Declaration was not intended to be legally
binding and therefore it did not impose any legal obligations
on the States to give effect to its provisions. In other words
from the legal point of view, the declaration was only
recommendation and not strictly binding on the states.

48
• The declarations addresses right to all people and all
nations whether they are members of the United Nations
or not.

The main object of the Declaration was to present the

ideas of human rights and freedoms in order to inspire
everybody to work for their progressive realization. The
message conveyed is one of hope, equality, liberation and
empowerment.

49
 IMPLIMENTATION OF HUMAN
RIGHTS
6.2 STATE OF PLAY ON REPRESENTATIVE RIGHTS
The Commission has considered the implementation of the
following representative provisions of the UDHR: the anti-slavery
provision (Article 4); the anti-torture provision (Article 5); the free
expression provision (Article 19) and the free association
provision (Article 20); and the education provision (Article 26). We
singled out these articles because they represent some of the
most pressing human rights concerns of the early twenty-first
century.

We set out below short summaries of the Commission’s

conclusions with respect to each of these rights. The full case
studies, on which these findings are based.

50
 IMPLIMENTATION OF HUMAN
RIGHTS
6.2 STATE OF PLAY ON REPRESENTATIVE RIGHTS

a. Anti-slavery (Article 4)
Slavery constitutes a profound human rights violation and an
affront to any sense of human dignity. While definitions vary, at its
core slavery involves one person taking away another person’s
freedom – their freedom to leave their workplace or
employer/slave master at their own choosing, to control their body,
to choose their work – so that they can be exploited. This is
achieved not through lawful means (as is the case with military
service or imprisonment) but through threats, violence, or
coercion.

51
The concept of slavery and slavery-like practices can cover a range
of practices, including forced labor (e.g., debt bondage, serfdom,
and forced sex work), exploitative child labor (e.g., child soldiers),
descent based slavery, forced or servile marriage (e.g., exchanging
a woman for payment), and human trafficking.

They all have in common an inability for the individual to leave a

workplace or employer/slave master at their own free will. Article 4 of
the UDHR asserts that “No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited in all their forms.”

52
 IMPLIMENTATION OF HUMAN
RIGHTS RIGHTS
6.2 STATE OF PLAY ON REPRESENTATIVE

b. Anti-torture (Article 5)
Torture has enduring effects on the physical, mental, and emotional well-
being of its survivors, crippling or destroying their abilities to pursue
fulfillment and happiness. In many nations, torture is used to extract
confessions from alleged criminals or political prisoners. Torture is utterly
inconsistent with basic human rights Article 5 of the UDHR states: “No
one shall be subjected to torture or to cruel, inhuman, or degrading
treatment or punishment.” Since torture has devastating consequences
for its victims, the international prohibition against it is absolute. Article 7
of the ICCPR reaffirms the UDHR’s proscription of torture, and expressly
bans non-consensual medical or scientific experimentation. Most
importantly, the United Nations Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment obliges every
country to take effective legislative, administrative, and judicial measures
to prevent torture in any territory under its jurisdiction (Article 2.1), and
forbids states from sending a person to another state where they would
be in danger of being tortured (Article 3)
53
 IMPLIMENTATION OF HUMAN
RIGHTS
Implementation at the national level

The implementation of human rights law depends to a large extent

on the political will (and often, as regards economic, cultural and
social rights, the economic capacity) of states to comply with
international standards (see V§1). Ideally, a co-operative network
of non-state actors and international institutions all ensure the
effective implementation of the international norms and standards.
Implementation entails an array of activities. These include
primarily activities to improve compliance by the states
themselves, such as enacting national laws or administrative
practices to comply with human rights standards, strengthening
the judiciary branch of government, educating the population,
establishing national human rights institutions, improvement of
minimum health standards, improving prison conditions, and
increasing participation in government.
54
 IMPLIMENTATION OF HUMAN
RIGHTS
1. PROMOTION OF HUMAN RIGHTS - POSITIVE
APPROACHES

One way to promote human rights is through the establishment of

international human rights organisations. Many institutions monitor
or assist in the compliance with specific human rights, such as the
Office for Democratic Institutions and Human Rights (ODIHR)
(promoting democratic institutions in OSCE countries), the
International Institute for Democracy and Electoral Assistance
(promoting electoral systems world-wide), and the Inter-American
Institute of Human Rights (promoting human rights awareness in
Latin America). Human rights NGOs serve several general
functions. Some provide humanitarian assistance. Some act as
watch dogs pointing out states’ failures to enforce rights in their
countries and human rights violations in other countries.

55
 IMPLIMENTATION OF HUMAN
RIGHTS
2. RESPONSES TO HUMAN RIGHTS VIOLATIONS - REACTIVE
APPROACHES

The call for positive measures to promote international co-operation to construct

an ‘international human rights environment’ should not minimise the constant
need to respond to human rights violations. While many countries struggle to
meet their human rights obligations, the lack of resources cannot justify violations
of fundamental human rights. States should respond to human rights violations in
other countries in order to promote international compliance based on rights and
values as opposed to national Interest.

A wide range of measures can be resorted to in reaction to human rights

violations. Some of the following measures may be taken, depending on the
seriousness of the situation at hand:

 Confidential representations with the government concerned, e.g. discreetly

raising the issue, through enquiries as to the circumstances in specific
cases.
 Using visits of political officials (Ministers, diplomats, etc.) to a country, to
raise the issue confidentially and, in serious cases, publicly.
56
INTERNATIONAL BILL OF RIGHT
:
• The International Bill of Human Rights was the name given to
UN General Assembly Resolution 217 (III) and two international
treaties established by the United Nations. • In December 1947,
the Commission decided to apply the term "International Bill of
Human Rights" to the series of documents in preparation and
established three working groups: one on the declaration, one on
the convention (which it renamed "covenant") and one on
implementation.

57
INTERNATIONAL BILL OF RIGHT
:
The International Bill of Human Rights consists of the five core human
rights treaties of the United Nations that function to advance the
fundamental freedoms and to protect the basic human rights of all
people

1) Universal Declaration of Human Rights

2) International Covenant on Economic, Social and Cultural Rights

3) International Covenant on Civil and Political Rights

4) Optional Protocol to the International Covenant on Civil and Political

Rights
58
 HUMAN RIGHTS
BODIES
• The Office of the High Commissioner for Human Rights (OHCHR)
works to offer the best expertise and support to the different human
rights monitoring mechanisms in the United Nations system : UN
Charter-based bodies, including the Human Rights Council, and
bodies created under the international human rights treaties and
made up of independent experts mandated to monitor State parties'
compliance with their treaty obligations. Most of these bodies
receive secretariat support from the Human Rights Council and
Treaties Division of the Office of the High Commissioner for Human
Rights (OHCHR)

59
 HUMAN RIGHTS
BODIES
• CHARTER-BASED BODIES
•Charter bodies include the former Commission on Human Rights, the
Human Rights Council , and Special Procedures. The Human Rights
Council, which replaced the Commission on Human Rights, held its
first meeting on 19 June 2006. This intergovernmental body, which
meets in Geneva 10 weeks a year, is composed of 47 elected United
Nations Member States who serve for an initial period of 3 years, and
cannot be elected for more than two consecutive terms. The Human
Rights Council is a forum empowered to prevent abuses, inequity and
discrimination, protect the most vulnerable, and expose perpetrators.

60
 HUMAN RIGHTS
BODIES`
• CHARTER-BASED BODIES
The Human Rights Council is a separate entity from OHCHR. This
distinction originates from the separate mandates they were given by
the General Assembly. Nevertheless, OHCHR provides substantive
support for the meetings of the Human Rights Council, and follow-up to
the Council's deliberations.

61
 HUMAN RIGHTS
BODIES
Special Procedures is the general name given to the
mechanisms established by the Commission on Human
Rights and assumed by the Human Rights Council to address
either specific country situations or thematic issues in all parts
of the world. Special Procedures are either an individual -a
special rapporteur or independent expert-or a working group.
They are prominent, independent experts working on a
voluntary basis, appointed by the Human Rights Council.

62
 HUMAN RIGHTS
BODIES
• CHARTER-BASED BODIES

•Human Rights Council

•Universal Periodic Review

•Commission on Human Rights (replaced by the Human Rights

Council)

•Special Procedures of the Human Rights Council

•Human Rights Council Complaint Procedure

63
 HUMAN RIGHTS
•
BODIES
TREATY-BASED BODIES
There are nine core international human rights treaties, the most
recent one -- on enforced disappearance -- entered into force on
23 December 2010. Since the adoption of the Universal
Declaration of Human Rights in 1948, all UN Member States have
ratified at least one core international human rights treaty, and 80
percent have ratified four or more.

64
 HUMAN RIGHTS
BODIES
There are currently ten human rights treaty bodies, which are committees
of independent experts. Nine of these treaty bodies monitor
implementation of the core international human rights treaties while the
tenth treaty body, the Subcommittee on Prevention of Torture,
established under the Optional Protocol to the Convention against
Torture, monitors places of detention in States parties to the Optional
Protocol.
The treaty bodies are created in accordance with the provisions of the
treaty that they monitor. OHCHR supports the work of treaty bodies and
assists them in harmonizing their working methods and reporting
requirements through their secretariats.
There are other United Nations bodies and entities involved in the
65
 HUMAN RIGHTS
BODIES
• TREATY-BASED BODIES
• There are ten human rights treaty bodies that monitor
implementation of the core international human rights treaties:
•Committee on the Elimination of Racial Discrimination (CERD)
•Committee on Economic, Social and Cultural Rights (CESCR)
•Human Rights Committee (CCPR)
•Committee on the Elimination of Discrimination against
Women (CEDAW)
•Committee against Torture (CAT)
•Committee on the Rights of the Child (CRC)
•Committee on Migrant Workers (CMW)
•Subcommittee on Prevention of Torture (SPT)
•Committee on the Rights of Persons with Disabilities (CRPD)
•Committee on Enforced Disappearances (CED)
66
 HUMAN/FUNDAMENTAL RIGHTS -
CONSTITUTION OF PAKISTAN 1973
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.

67
 HUMAN/FUNDAMENTAL RIGHTS -
CONSTITUTION OF PAKISTAN 1973
•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.
68
 HUMAN/FUNDAMENTAL RIGHTS - CONSTITUTION

OF PAKISTAN 1973
•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.

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 HUMAN/FUNDAMENTAL RIGHTS - CONSTITUTION

OF PAKISTAN 1973
•Freedom to profess religion and to manage religious institution in country
•Safeguard against the taxation for the purposes of any particular religion.
•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.
•Safeguard against discrimination in services.
•All citizens have right to preserve their particular language, script and culture.

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 FUNDAMENTAL RIGHTS AND PRINCIPLES
OF POLICY
Definition of the State
In this Part, unless the context otherwise requires, "the State" means
the Federal Government, [6][Majlis-e-Shoora (Parliament)], a Provincial
Government, a Provincial Assembly, and such local or other authorities
in Pakistan as are by law empowered to impose any tax or cess.

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 FUNDAMENTAL RIGHTS AND PRINCIPLES
OF POLICY
Definition of the State
In this Part, unless the context otherwise requires, "the State" means
the Federal Government, [6][Majlis-e-Shoora (Parliament)], a Provincial
Government, a Provincial Assembly, and such local or other authorities
in Pakistan as are by law empowered to impose any tax or cess.
Chapter 1. FUNDAMENTAL RIGHTS
Laws inconsistent with or in derogation of fundamental rights to be void.
(1) Any law, or any custom or usage having the force of law, in so far as it is
inconsistent with the rights conferred by this Chapter, shall, to the extent of such
inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights so
conferred and any law made in contravention of this clause shall, to the extent
of such contravention, be void.
(3) The provisions of this Article shall not apply to :-
(a) any law relating to members of the Armed Forces, or of the police or of such
other forces as are charged with the maintenance of public order, for the purpose of
ensuring the proper discharge of their duties or the maintenance of discipline
among them; or
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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY

(b) any of the:-

i. laws specified in the First Schedule as in force immediately before the
commencing day or as amended by any of the laws specified in that Schedule;
ii. other laws specified in Part I of the First Schedule;
and no such law nor any provision thereof shall be void on the ground that such law
or provision is inconsistent with, or repugnant to, any provision of this Chapter.

4. Notwithstanding anything contained in paragraph (b) of clause (3), within a period

of two years from the commencing day, the appropriate Legislature shall bring the
laws specified in 18[Part II of the First Schedule] 18 into conformity with the rights
conferred by this Chapter:
Provided that the appropriate Legislature may by resolution extend the said
period of two years by a period not exceeding six months.
Explanation:- If in respect of any law 19[Majlis-e-Shoora (Parliament)] 19 is the appropriate
Legislature, such resolution shall be a resolution of the National Assembly.

73
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
5. The rights conferred by this Chapter shall not be suspended except as expressly
provided by the Constitution.

9. Security of person.
No person shall be deprived of life or liberty save in accordance with law.

10. Safeguards as to arrest and detention

1. No person who is arrested shall be detained in custody without being informed, as
soon as may be, of the grounds for such arrest, nor shall he be denied the right to
consult and be defended by a legal practitioner of his choice.
2. Every person who is arrested and detained in custody shall be produced before a
magistrate within a period of twenty-four hours of such arrest, excluding the time
necessary for the journey from the place of arrest to the court of the nearest
magistrate, and no such person shall be detained in :custody beyond the said period
without the authority of a magistrate.

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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
3. Nothing in clauses (1) and (2) shall apply to any person who is arrested or
detained under any law providing for preventive detention.

4. No law providing for preventive detention shall be made except to deal with
persons acting in a manner prejudicial to the integrity, security or defence of Pakistan or
any part thereof, or external affairs of Pakistan, or public order, or the maintenance of
supplies or services, and no such law shall authorise the detention of a person for a period
exceeding 20[three months] 20 unless the appropriate Review Board has, after affording him
an opportunity of being heard in person, reviewed his case and reported, before the
expiration of the said period, that there is, in its opinion, sufficient cause for such
detention, and, if the detention is continued after the said period of 21[three months] 21,
unless the appropriate Review Board has reviewed his case and reported, before the
expiration of each period of three months, that there is, in its opinion, sufficient cause for
such detention.
Explanation-I: In this Article, "the appropriate Review Board" means:-

75
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
i. in the case of a person detained under a Federal law, a Board appointed by the
Chief Justice of Pakistan and consisting of a Chairman and two other persons,
each of whom is or has been a Judge of the Supreme Court or a High Court; and
ii. in the case of a Person detained under a Provincial law, a Board appointed by
the Chief Justice of the High Court concerned and consisting of a Chairman
and two other persons, each of whom is or has been a Judge of a High Court.
Explanation-II: The opinion of a Review Board shall be expressed in terms of the
views of the majority of its members.

5. When any person is detained in pursuance of an order made under any law providing for
preventive detention, the authority making the order shall, 22[within fifteen days] 22 from
such detention, communicate to such person the grounds on which the order has been
made, and shall afford him the earliest opportunity of making a representation against the
order:
Provided that the authority making any such order may refuse to disclose facts which such
authority considers it to be against the public interest to disclose.

76
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
6. The authority making the order shall furnish to the appropriate Review Board all
documents relevant to the case unless a certificate, signed by a Secretary to the
Government concerned, to the effect that it is not in the public interest to furnish any
documents, is produced.

7. Within a period of twenty-four months commencing on the day of his first

detention in pursuance of an order made under a law providing for preventive detention, no
person shall be detained in pursuance of any such order for more than a total period of
eight months in the case of a person detained for acting in a manner prejudicial to public
order and twelve months in any other case:
Provided that this clause shall not apply to any person who is employed by, or works for,
or acts on instructions received from, the enemy 23[or who is acting or attempting to act in
a manner prejudicial to the integrity, security or defence of Pakistan or any part thereof or
who commits or attempts to commit any act which amounts to an anti-national activity as
defined in a Federal law or is a member of any association which has for its objects, or
which indulges in, any such anti-national activity] 23.

77
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
8. The appropriate Review Board shall determine the place of detention of the person
detained and fix a reasonable subsistence allowance for his family.
9. Nothing in this Article shall apply to any person who for the time being is an
enemy alien.

10A. Right to fair trial:

For the determination of his civil rights and obligations or in any criminal charge
against him a person shall be entitled to a fair trial and due process.

11. Slavery, forced labour, etc. prohibited

1. Slavery is non-existent and forbidden and no law shall permit or facilitate its
introduction into Pakistan in any form.
2. All forms of forced labour and traffic in human beings are prohibited.
3. No child below the age of fourteen years shall be engaged in any factory or mine
or any other hazardous employment.
4. Nothing in this Article shall be deemed to affect compulsory service:-
(a) by any person undergoing punishment for an offence against any law; or
78
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
(b) required by any law for public purpose provided that no compulsory
service shall be of a cruel nature or incompatible with human dignity

12. Protection against retrospective punishment

1. No law shall authorize the punishment of a person:-
(a) for an act or omission that was not punishable by law at the time of the
act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the
penalty prescribed by law for that offence at the time the offence was
committed.

2. Nothing in clause (1) or in Article 270 shall apply to any law making acts
of abrogation or subversion of a Constitution in force in Pakistan at any time
since the twenty-third day of March, one thousand nine hundred and fifty-
six, an offence.

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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
13. Protection against double punishment and self incrimination.
No person:-
(a) shall be prosecuted or punished for the same offence more than once; or
(b) shall, when accused of an offence, be compelled to be a witness against himself.

14. Inviolability of dignity of man, etc.

1. The dignity of man and, subject to law, the privacy of home, shall be inviolable
2. No person shall be subjected to torture for the purpose of extracting evidence

15. Freedom of movement, etc.

Every citizen shall have the right to remain in, and, subject to any reasonable
restriction imposed by law in the public interest, enter and move freely throughout
Pakistan and to reside and settle in any part thereof .

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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
16. Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms, subject to
any reasonable restrictions imposed by law in the interest of public order
17. Freedom of association:
1. Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of sovereignty or integrity
of Pakistan, public order or morality
2. Every citizen, not being in the service of Pakistan, shall have the right to form
or be a member of a political party, subject to any reasonable restrictions
imposed by law in the interest of the sovereignty or integrity of Pakistan and
such law shall provide that where the Federal Government declares that any
political party has been formed or is operating in a manner prejudicial to the
soverignty or integrity of Pakistan, the Federal Government shall, within fifeen
days of such declaration, refer the matter to the Supreme Court whose decision
on such reference shall be final.
3. 3. Every political party shall account for the source of its funds in
accordance with law
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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
18. Freedom of trade, business or profession

Subject to such qualifications, if any, as may be prescribed by law, every

citizen shall have the right to enter upon any lawful profession or
occupation, and to conduct any lawful trade or business: Provided that
nothing in this Article shall prevent— (a) the regulation of any trade or
profession by a licensing system; or (b) the regulation of trade, commerce or
industry in the interest of free competition therein; or 1 Subs. by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 6.for “Article
17”. CONSTITUTION OF PAKISTAN 12 (c) the carrying on, by the
Federal Government or a Provincial Government, or by a corporation
controlled by any such Government, of any trade, business, industry or
service, to the exclusion, complete or partial, of other persons.

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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
19. Freedom of speech & etc
Every citizen shall have the right to freedom of speech and expression, and
there shall be freedom of the press, subject to any reasonable restrictions
imposed by law in the interest of the glory of Islam or the integrity, security
or defence of Pakistan or any part thereof, friendly relations with foreign
States, public order, decency or morality, or in relation to contempt of court,
1 [commission of] or incitement to an offence.

19A. Right to information.

Every citizen shall have the right to have access to information in all matters
of public importance subject to regulation and reasonable restrictions
imposed by law].

20. Freedom to profess religion and to manage religious institutions

Subject to law, public order and morality,— (a) every citizen shall have the
right to profess, practice and propagate his religion; and (b) every religious
denomination and every sect thereof shall have the right to establish,
maintain and manage its religious institutions. 83
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
21. Safeguard against taxation for purposes of any particular religion
No person shall be compelled to pay any special tax the proceeds of which are to be
spent on the propagation or maintenance of any religion other than his own. 1 Subs.
by the Constitution (Fourth Amdt.) Act, 1975 (71 of 1975), s. 4, for "defamation"
(w.e.f the 21st November, 1975). 2 New Article 19A ins. by the Constitution
(Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 7. CONSTITUTION OF PAKISTAN

22. Safeguards as to educational institutions in respect of religion, etc.

(1) No person attending any educational institution shall be required to receive
religious instruction, or take part in any religious ceremony, or attend religious
worship, if such instruction, ceremony or worship relates to a religion other than
his own.
(2) In respect of any religious institution, there shall be no discrimination against any
community in the granting of exemption or concession in relation to taxation.
(3) Subject to law, (a) no religious community or denomination shall be prevented
from providing religious instruction for pupils of that community or
denomination in any educational institution maintained wholly by that
community or denomination; and (b) no citizen shall be denied admission to any
educational institution receiving aid from public revenues on the ground only of
race, religion, caste or place of birth. 84
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
(4) Nothing in this Article shall prevent any public authority from making provision
for the advancement of any socially or educationally backward class of citizens.

23.Provision as to Property
Every citizen shall have the right to acquire, hold and dispose of property in
any part of Pakistan, subject to the Constitution and any reasonable
restrictions imposed by law in the public interest.

24. Protection of property rights

(1) No person shall be deprived of his property save in accordance with law.
(2) No property shall be compulsorily acquired or taken possession of save
for a public purpose, and save by the authority of law which provides for
compensation therefor and either fixes the amount of compensation or
specifies the principles on and the manner in which compensation is to
be determined and given. CONSTITUTION OF PAKISTAN 14

85
 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
(3) Nothing in this Article shall affect the validity of (a) any law permitting the
compulsory acquisition or taking possession of any property for preventing danger to
life, property or public health; or (b) any law permitting the taking over of any
property which has been acquired by, or come into the possession of, any person by
any unfair means, or in any manner, contrary to law; or (c) any law relating to the
acquisition, administration or disposal of any property which is or is deemed to be
enemy property or evacuee property under any law (not being property which has
ceased to be evacuee property under any law); or (d) any law providing for the
taking over of the management of any property by the State for a limited period,
either in the public interest or in order to secure the proper management of the
property, or for the benefit of its owner.
or (e) any law providing for the acquisition of any class of property for the
purpose of— (i) providing education and medical aid to all or any specified
class of citizens; or (ii) providing housing and public facilities and services
such as roads, water supply, sewerage, gas and electric power to all or any
specified class of citizens; or (iii)providing maintenance to those who, on
account of unemployment, sickness, infirmity or old age, are unable to
maintain themselves.
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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
(f) any existing law or any law made in pursuance of Article 253.
(4) The adequacy or otherwise of any compensation provided for by any such law as
is referred to in this Article, or determined in pursuance thereof, shall not be called in
question in any court. CONSTITUTION OF PAKISTAN 15

25. Equality of citizens.

(1) All citizens are equal before law and are entitled to equal protection of law.
(2) There shall be no discrimination on the basis of sex 1 *.
(3) Nothing in this Article shall prevent the State from making any special provision
for the protection of women and children.

25A. Right to education

The 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.]

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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
26. Non-discrimination in respect of access to public places
(1) In respect of access to places of public entertainment or resort, not
intended for religious purposes only, there shall be no discrimination
against any citizen on the ground only of race, religion, caste, sex,
residence or place of birth.
(2) Nothing in clause (1) shall prevent the State from making any special
provision for women and children.
27. Safeguard against discrimination in services
(1) No citizen otherwise qualified for appointment in the service of Pakistan
shall be discriminated against in respect of any such appointment on the
ground only of race, religion, caste, sex, residence or place of birth: Provided
that, for a period not exceeding 3 [forty] years from the commencing day,
posts may be reserved for persons belonging to any class or area to secure
their adequate representation in the service of Pakistan: Provided further
that, in the interest of the said service, specified posts or services may be
reserved for members of either sex if such posts or services entail the
performance of duties and functions which cannot be adequately performed
by members of the other sex
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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
4 [:] 1 The word “alone” omitted by the Constitution (Eighteenth Amdt.) Act,
2010 (10 of 2010), s. 8. 2 New Article 25A ins. ibid., s. 9. 3 Subs. and shall be
deemed always to have been so subs. by the Constitution (Sixteenth
Amendment) Act, 1999 (7 of 1999), s. 2, for "twenty", which was previously
subs. by P.O. No. 14 of 1985, Art. 2 and Sch., for "ten". 4 Subs. by the
Constitution (Eighteenth Amdt.) Act, 2010 (10 of 2010), s. 10 for the full-stop.
CONSTITUTION OF PAKISTAN 16 1 [Provided also that under-
representation of any class or area in the service of Pakistan may be
redressed in such manner as may be determined by an Act of Majlis-e-
Shoora (Parliament)]. (2) Nothing in clause (1) shall prevent any Provincial
Government, or any local or other authority in a Province, from prescribing, in
relation to any post or class of service under that Government or authority,
conditions as to residence in the Province, for a period not exceeding three
years, prior to appointment under that Government or authority.
28. Preservation of language, script and culture
Subject to Article 251 any section of citizens having a distinct language, script
or culture shall have the right to preserve and promote the same and subject
to law, establish institutions for that purpose.
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 FUNDAMENTAL RIGHTS AND PRINCIPLES OF
POLICY
Nothing in clause (1) shall prevent any Provincial Government, or
any local or other authority in a Province, from prescribing, in
relation to any post or class of service under that Government or
authority, conditions as to residence in the Province. for a period
not exceeding three years, prior to appointment under that
Government or authority.

Preservation of language, script and culture.

Subject to Article 251 any section of citizens having a distinct
language, script or culture shall have the right to preserve and
promote the same and subject to law, establish institutions for that
purpose.

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 Human Rights issues in Pakistan and in
Region

Political Freedom in Pakistan

Freedom of the press in Pakistan
Provincial inequality
Miscarriage of Justice
Women's rights
Violence against women
Political abuse of human rights
Humanitarian response to conflict
Discrimination against ethnic and religious minorities
Human trafficking
Attacks on journalists and the spread of misinformation

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 Human Rights issues in Pakistan and in
Region
The first and the foremost reason is Asia's huge population
Food Security
Education
Health
Administration
Natural Disasters
Global Recession
Social Discrimination
Refugee crises
Worker rights
Human trafficking is growing around the world

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 Implementation challenges of Human Rights
in South Asia Region
The International Conference on Identifying Challenges, Assessing
Progress, Moving Forward: Addressing Impunity and Realising Human
Rights in South Asia was held from 9 to 11 April 2018 in Kathmandu,
Nepal.

The representatives of National Human Rights Institutions (NHRIs) of

Afghanistan, Bangladesh, India, Maldives, Nepal, Pakistan and Sri
Lanka, as well as the National Women’s Commission of Bhutan,
participated in the conference hosted by the NHRC of Nepal. NHRIs from
Jordan, Malaysia, Myanmar, Mongolia and Philippines also participated
along with a broad range of human rights organisations (HROs) and
journalists from the South Asia region.

The United Nations Office of the High Commissioner for Human

Rights, the United Nations Development Programme (UNDP)-Kathmandu
and a number of international
human rights organisations also participated.

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 Implementation challenges of Human Rights
in South Asia Region

Recalling the international instruments agreed upon by States to

promote and protect human rights and fundamental freedoms,
including the Charter of the United Nations; the Universal
Declaration of Human Rights (UDHR); The International
Covenant on Economic, Social, and Cultural Rights (ICESCR);
the International Covenant on Civil and Political Rights (ICCPR);
and the Rome Statute of the International Criminal Court; as
well as the Agenda 2030 and the Sustainable Development
Goals, alongside the Charter of the South Asian Association for
Regional Cooperation (SAARC) and its Convention on Preventing
and Combating the Trafficking in Women and Children for
Prostitution; Convention on Regional Arrangements for the
Promotion of Child Welfare in South Asia and the Regional
Convention on Suppression of Terrorism.
https://www.forum-asia.org/uploads/wp/2021/06/FORUM-
ASIA_Regional-Human-Rights-Mechanism-in-South-Asia_22-June.pdf
94
 Case Study
• Malala Yousafzai a Pakistani School girl know for her activism for rights to
education and for women especially in the Swat Valley, where the Taliban
had at times banned girls from attending School. After this United Nations
special envoy for Global Education Gordon Brown launched a UN petition
which helped lead to the ratification of Pakistani first right to education bill.
• Over the years many form of discrimination have come to be
recognized including racial, gender and sexual discrimination. Another
type of discrimination is against LGBT individuals (Lesbian, Gay,
bisexual, and transgender individuals.

95
• Human Rights violations in Srilanka. The conflict in Sri Lanka has been
one of the greatest offenders in Human Rights Violations. In this case the
Government of Sri Lanka and the separatist Liberation Tigers of Tamil
Eelam (LTTE) are accused of violating Human Rights. LTTE were known as
the most vicious and dangerous terrorist groups in Sri Lanka.

96
 CONCLUSION
• Presently there is a widespread acceptance of the importance of
human

 Rights in the international structure. However, one will not hesitate to

admit that there is a confusion prevailing as to its precise nature and

scope and the mode of International Law as to the protection of these

rights. One valuable lesson that the history of human rights teaches us

is that they are not static but are developed in response to new modes

of political thought and changes in the international environment.

97
 REFRENCES
• The Globalization of World Politics ( An introduction to
International relations) – By John Baylis , Steve Smith, Patricia
Owens.
• International Law and Human Rights- By NK Jayakumar.
• International Law and Human Rights- By Dr. H.O. Agarwal.
• International Human Rights and humanitarian Law – By Rene
provost
• International Law- By Malcolm N Shaw.
• International Law and Human Rights- By Dr. S.K. Kapoor.
• Human Rights violations in Sri Lanka www,hrw.org/asia/sri Lanka.
• www.bbc.co/uk/news magazine Malala Yousafzai
• www.amnestyusa.org lgbt rights.
• https://www.aclu.org/lgbt-rights 98
HUMAN RIGHTS

THE END

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