Protection of the Rights of Minorities International Standards and Safeguards Despite the lack of consensus on a single definition of minorities, there are various safeguards that have been put in place by international instruments for the protection of all classes of persons, without any discrimination. The UDHR forms the basis for the provision…
Domestic Law and Jurisprudence 1. Domestic Law Although the right to a fair trial has been guaranteed explicitly in the Constitution of Pakistan, this fundamental right can also be found being protected, or sometimes being derogated from, within domestic legislation. Code of Criminal Procedure 1898 and Qanun-e- Shahadat Order 1984 A…
Convention on the Rights of the Child The aim of the Convention on the Rights of the Child (CRC) is to set standards for the protection of children against abuse, neglect and exploitation. It addresses the right to possess, receive and have access to certain services essential to the well-being of children. The Convention…
The Protection of Human Rights and the Domestic Rule of Law Human rights have been widely defined as being rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Everyone is entitled to these rights, without discrimination. These rights are interrelated, interdependent and indivisible. Internationally, human…
Convention on the Elimination of All Forms of Racial Discrimination The purpose of the Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is to promote the fundamental rights of all citizens of the State Party irrespective of their race, colour, sex, national origin, language or religion. The Constitution of Pakistan guarantees…
International Human Rights at the Domestic Level Legal Framework in Pakistan: Article 268(7) of the Constitution of Pakistan Pakistan’s existing legal framework is articulated by Article 268(7) of the Constitution, which states that “all laws (including Ordinances, Orders-in-Council, Orders, rules, by- laws, regulations and Letters Patent constituting a High Court, and notifications and…
Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment This convention was adopted and opened for signature and ratification by the General Assembly on Dec 10, 1984. The government of Pakistan signed the convention on Apr 17, 2008, and ratified it on June 23, 2010.[1] This Convention requires State Parties to…
Role of the Judiciary in upholding International Law It is rightly stated that the domestic judiciary, while free in the State, is not free from the State.[1] It is, therefore, critical to understanding that all three arms of the State – Legislature, Executive, and Judiciary play a role in upholding Pakistan’s international obligations. In the…
Convention on the Elimination of all Forms of Discrimination against Women The overarching purpose of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is the eradication of any such concurrent traditional practices or laws in a State that discriminate against women on the basis of their sex and to…
The Application of International Law by the Superior Judiciary of Pakistan This role of the Judiciary is reflected in the progressive attitude of the Supreme Court and High Courts of Pakistan towards the application of internationally recognized human rights. The Superior Courts have taken a liberal approach towards the implementation of international law in the…