Practice Area
Human Rights Law & Lawyers in Pakistan
International Legal Partners
Human Rights Law & Lawyers in Pakistan
Human Rights issues are currently the fundamental concerns of International Community and no state can afford to ignore Human Rights abuses within its jurisdiction. Our human rights law experts in Pakistan best assist anyone around the globe on account of enforcement of human rights.
The Fundamental Rights, as embodied in our Constitution, are the bed-rock of Pakistan democracy, and the rights to constitutional writs, contained in Articles 185 and 199 of the Constitution, is one of the formidable instruments in the hands of the Pakistan Citizens to assert their rights.
During the last 60 years, Pakistani Courts, and particularly the Supreme Court, have in many cases interpreted the Constitutional provisions relating to the Fundamental rights. In several of them, they have defined the nature and scope in the changing contents of our political, social and economic life. A thorough study of these provisions and the scope and trends, which emerge from judiciary pronouncements, are necessary in a growing democracy.
Fundamental Rights are guaranteed under Articles 8 – 40 of the Constitution of Islamic Republic of Pakistan, 1973 as under:
- Laws inconsistent with, or in derogation of, Fundamental Rights to be avoided
- Security of Person
- Safeguards as to arrest and detention
- Slavery, forced labour etc., prohibited
- Protection against retrospective punishment
- Protection against double punishment and self-incrimination
- Inviolability of dignity of man, etc.
- Freedom of movement, etc.
- Freedom of assembly
- Freedom of association
- Freedom of trade, business or profession
- Freedom of speech, etc.
- Freedom to profess religion and to manage religious institutions
- Safeguards against taxation for purposes of any particular religion
- Safeguards as to educational institutions in respect of religion, etc.
- Provision as to property
- Protection of property rights
- Equality of citizens
- Non-discrimination in respect of access to public places
- Safeguard against non-discrimination in services
- Preservation of language, script and culture
- Principles of Policies
- Responsibility with respect to Principles of Policy
- Islamic way of life
- Promotion of local Government institutions
- Parochial and other similar prejudice to be discouraged
- Full participation of women in national life
- Protection of family, etc.
- Protection of minorities
- Promotion of social justice and eradication of social evils
- Promotion of social and economic well-being of the people
- Participation of people in Armed forces
- Strengthening bonds with Muslim world and promoting international place
Human Rights issues are currently the fundamental concerns of International Community and no state can afford to ignore Human Rights abuses within its jurisdiction. In the present geo-political scenario, the developing counties are under greater obligation to take measures to prevent the violation of Human Rights. The matter is highly sensitive from both national and international point of views. The issue of Human Rights protection is projected for mode of respectable association with international community in general and specifically to meet the pressing needs and demands of the present situation in the developing counties.
- Human rights have to be associated with freedom of self-determination and self-expression in line with human nature and right to lead a comfortable and honourable life with untarnished honour and dignity. It has to be based on universally accepted principles of equality, justice and truth, that are permanent, unchanging and value free. It should be transcendent in nature and character both in time and space. It should embody not only the individual man, but also his society to accommodate his socio-psychological nature.
- Self-determination should guarantee religious freedom, basic education, private ownership of property, security of life and property, honour, respect, dignity and individual privacy, irrespective of gender, colour, race or creed. It should also guarantee the sovereignty and political freedom of nation-states which uphold the fundamental universal principles of justice, equality and truth in their governance and treatment of their citizenry.
- The principles underlying the conception and formulation of human rights should be permanent, unchanging and unwavering in order to suit its transcendent nature over time and space. Such principles should also be universally accepted so as to avoid any culture bound regionalized values which are specific and particular rather than general and universal. These are necessary if we are earnest in our desire to strive for unity of the human race, harmony and peace.
Apart from the basic rights given to women by the Pakistani Constitution, the international declarations and treaties which Pakistan has signed also strive to ensure equality among the sexes.
Article 2 of the UDHR provides that “everyone is entitled to all the rights and freedom set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”