Pre-trial Detention – Physical and Judicial Remand International Human Rights Safeguards and Standards International law lays down certain standards for the protection of human rights during deprivation of liberty in the form of detention as well. Much like arrest, the principle of legality must be complied with in relation to detention as well…
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) establishes a framework for States to protect and promote the civil and political rights of their citizens, whilst also emphasizing on the importance of rectifying violations of these rights. With 53 Articles, the ICCPR consists of substantive, implementing…
Sources of International Law For the purposes of this Guide, International law is the set of agreements, treaties, norms, rules and standards which relate to relations between nations and are binding on them. Article 38 of the Statute of the International Court of Justice (ICJ), the primary judicial body within the United Nations system,…
Domestic Law and Jurisprudence 1. Domestic Law Capital punishment is a legal penalty in Pakistan for a number of offences. The legal method of execution is hanging according to Sec. 368 of the Code of Criminal Procedure 1898. However, a moratorium on executions was imposed in 2008, when the then-President Asif Ali Zardari…
Domestic Law and Jurisprudence 1. Domestic Law The right to proper administration of justice at trial to a juvenile is a fundamental right which has been protected under international law. International standards in this regard require that a person is to get a free birth certificate whenever he/she needs to prove their birth.[1]…
Mentally Unfit Persons 1. Domestic Law The first comprehensive legislation relating to the care of mentally unfit persons is the Mental Health Ordinance 2001 (MHO) that repealed the Lunacy Act 1912.[1] Post-18th amendment to the Constitution, similar laws were either adapted or promulgated for each of the provinces.[2] The MHO defines a ‘mental disorder’ as…
Constitutional Safeguards The Constitution of Pakistan, 1973 certainly reflects many of the Articles found in the UDHR, ICCPR and ICESCR. However, the ‘right to fair trial’ was left out, in spite of Pakistan pledging to promote and respect human rights and to take effective measures both in the national and international spheres, in 1948.…
Preventive Detention International Human Rights Safeguards and Standards It is essential to draw a distinction between pre-trial and preventive detention. Preventive detention is that which is ordered by the Executive and all powers of decision making are held solely with the executive authority imposing the detention. Preventive detention is broader than any other…
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) encourages States to grant economic, social and cultural rights to all citizens and provide labour rights, rights to health, education and an adequate standard of living. As mentioned previously, the UDHR, taken together with the ICCPR…
Reading and Interpreting International Conventions International Conventions are the most significant source of international law due to which special rules apply in order to ascertain the scope and binding nature of the provisions of conventions. At its core, a convention is a special contract – governed by special rules of construction. In order to…