Constituent Rights It is important that in order for the full realization of the right to fair trial, the interests of the accused, victim and society at large need to be balanced, without prejudice to one another.[1] There are a number of rights that constitute the wider right to a fair trial. These…
The Prohibition on Torture and Cruel, Inhumane or Degrading Treatment or Punishment The prohibition on torture and other cruel, inhumane and degrading treatment or punishment is found in all major international human rights treaties and numerous human rights instruments. International law has introduced strict rules in relation to the prohibition on torture or cruel,…
Arrest The deprivation of liberty and the right to liberty and security of person is dealt with under several international instruments. The term arrest has been defined by the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment as the “act of apprehending a person for the…
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is the fundamental starting point in the area of human rights protection. The UDHR was adopted by the General Assembly of the United Nations on 10 December 1948. Although aspirational in nature, the UDHR holds weight with regard to the universality of…
International Law Defined International law as it is used in this Guide refers specifically to public international law i.e., the set of legal rules that govern international relations between public bodies that include states (i.e. Pakistan) and international organizations (i.e. the United Nations).[1] The narrowest understanding of international law thus reflects a set of obligations…
International Human Rights Safeguards and Standards Capital Punishment International law has increasingly restricted the scope and implementation of the death penalty. In addition, 106 countries have abolished the death penalty in law for all crimes, and 142 countries have abolished the death penalty in law or practice.[1] Although Article 6 of the…
Constitutional Safeguards Constitutionally, the rights of children are protected and provided for in various different Articles relating to the several issues that children in Pakistan face. The Constitution through Article 11 requires the State to fully diminish all forms of exploitation, slavery, human trafficking and forced labour. It stipulates that children under the age…
Protection of the Rights of Persons with Disabilities International Human Rights Safeguards and Standards Pakistan ratified the Convention on the Rights of Persons with Disabilities in 2011. It stipulates that the rights of persons with disabilities are to be fully protected and respected. It defines a person with disabilities as: “Persons with…
International Human Rights Safeguards and Standards The Universal Declaration of Human Rights, a milestone document in the history of human rights adopted by the United Nations and now widely accepted as customary international law, outlines the right to a fair trial in Article 10 by stating that “Everyone is entitled in full equality to…
Conditions of Detention and Imprisonment The rights to life, liberty, security of person, and guarantees of humane and dignified treatment extend to all phases of the criminal justice system including where individuals are deprived of their liberty due to some form of detention or imprisonment. Arrest, pre-trial detention, and preventive detention have been discussed…