INTRODUCTION OF HUMAN RIGHTS

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every
person is by acknowledging and respecting their human rights.
The term “Human Rights” contains a set of legal and moral rights that can be claimed by any
person as human being. These rights come with birth and applicable to all people throughout the
world irrespective of their race, colour, sex, language, political or other opinion.
Human rights therefore characterize as universal, inalienable, inherent and indivisible that have a
common focus of protecting life of human being with dignity. The concept of human rights firstly
revealed in the Universal Declaration of Human Rights (UDHR) in 1948 by UNO where 30 articles
about human rights are declared. Human rights are stipulated in the Constitution of Pakistan, written in
1973 provides for fundamental rights, which include freedom of speech, freedom of thought, freedom of
information, freedom of religion, freedom of association, freedom of the press, freedom of assembly etc.
Therefore, the Constitutional obligations made a platform for Pakistan government to ratify the core
international human rights conventions and treaties for the protection and promotion of human
rights. It enables Government of Pakistan to translate international agreements into domestic law. It
obliges all branches (i.e. Executive, Legislative and Judiciary) of government to respect and ensure the
rights it enunciates.
Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to
make choices about our lives and to develop our potential as human beings. They are about living a life
free from fear, harassment or discrimination.
Human rights can broadly be defined as a number of basic rights that people from around the world
have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture
and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health,
education and an adequate standard of living.
These human rights are the same for all people everywhere – men and women, young and old, rich and
poor, regardless of our background, where we live, what we think or what we believe. This is what makes
human rights ‘universal’.

UNIVERIALISM VS RELATIVISM
The Universalism vs. Cultural Relativism debate has existed in legal scholarship for decades, and is
increasingly entering public discourse on international law and human rights. Universalism refers to the
notion that human rights are universal and should apply to every human being. Cultural Relativists
object, and argue that human rights are culturally dependent, and that no moral principles can be made
to apply to all cultures. They argue that the principles embedded in the Universal Declaration of Human
Rights (1948) are the product of Western political history. Indeed, the origins of the Universal
Declaration are rooted in political landmarks in Western history, such as the Magna Carta of the United
Kingdom (1215), the French Revolution (1789) and the American Bill of Rights (1791). Cultural
Relativists argue that Universalism, in its attempt to extend a Western ideal to the rest of the world, is a
form of cultural imperialism. As the establishments of post-conflict ad-hoc tribunals for Rwanda and the
Former Yugoslavia in the 1990's and the International Criminal Court in 2002 illustrate, universalism is
steadily being put into force. Cultural Relativists are critical of the validity, relevance and effect of these
tribunals and of the ICC especially. Instead, Cultural Relativists are generally supportive of 'traditional'
or local approaches to justice, as they believe these will contribute more to post-conflict reconciliation.
 Universalists firmly believe that human rights and fundamental freedoms are inherent in the nature and
dignity of each human being and that there should be a set of basic ethical standards and principles,
acceptable to all cultures, religions and political systems.30 As in their view humanity or some particular
facet of human nature is the only source of rights, cultures are irrelevant concerning the validity of moral
rights and rules.
Cultural relativism is attractive at least from two aspects at first glance. First, it states that everyone is
equally entitled to respect and second that this respect entails respect for that person’s culture as culture
is part of the person’s identity.62However, according to Freeman, the principle that we should respect all
cultures is a self-contradiction as some cultures do not respect all cultures. He even goes further stating
that those cultures that support human rights violations cannot demand our respect, simply because they
are cultures. In the view of cultural relativists, there are no absolute values or principles upon which any
culture or society could be judged, apart from those of the given culture, so no moral judgment is
universally valid. Consequently, if a human right is not indigenous to a particular culture, its validity and
applicability is questionable.

HUMAN RIGHTS IN CONSTITUION OF PAKISTSAN

The situation of Human Rights in Pakistan is complex as a result of the country's diversity, large
population, its status as a developing country and a sovereign Islamic democracy with a mixture of both
Islamic and secular law. The Constitution of Pakistan provides for fundamental rights, which include
freedom of speech, freedom of thought, freedom of information, freedom of religion, freedom of
association, freedom of the press, freedom of assembly and the (conditional) right to bear arms. The
Clauses also provide for an independent Supreme Court, separation of executive and judiciary, an
independent judiciary, independent Human Rights commission and freedom of movement within the
country and abroad. However these clauses are not respected in practice.
Followings are the fundamental rights guaranteed to the citizens of Pakistan under constitution.

 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.
 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.
 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.

Constitutionalism and democratic process

DEFINITION
A system of political arrangement that is founded and governed by a supreme law, that can
only be amended by the will of the people or through their constituent representatives, in which
the practice of the rule of law, separation of powers, checks and balances and good governance
are observed, and the rights and development of the citizens are paramount.
From the foregoing section, it is clear that constitutionalism implements the rule of law. This brings about
predictability and security in relations between individuals and the State, as constitutionalism provides for
defining, in advance, the powers and limits of government, and its responsibilities and behaviours.
Predictability entails that the State ensures that the law must be objective as opposed to being arbitrary
and be made known to all before hand. For instance, predictability is ensured in that every individual
suspected of a crime should be charged in a language he or she understands (to help him or her prepare
and adequate defence) and brought before a court of law within twenty fours (24) hours or be released on
bond. Where it is not practicable to bring him or her before court within the specified time, he or she
should be brought before court within reasonable time. Thus, inherently, constitutionalism is a convergent
means by which respect of human rights is, not only implemented but also institutionalised. In any case a
country's constitution is its cornerstone in protecting the rights and liberties of individuals in its
population.
Constitutionalism implies that the chosen polity or political governance system of a people necessitates
two principles. First, that the people are supreme to government. This provides for the understanding that
a constitution represents the will of the people. Secondly, that the people shall have controlling influence
on the decisions and affairs of government. In short, constitutionalism demands democratic governance.
The principles of democracy are three fold and are interlinked. These are the application of principles of
equity in choice, participation and representativeness. That is, people can freely choose, participate and be
represented in their form of governance, without any impediments from other individuals or the State.
Democratic system assures the scope of people’s participation to choose their leadership and
government. Democracy failed exceptionally quickly after independence because Pakistan possessed a
weak and fragmented political party that was unable to resolve key governing conflicts. In the wake of
intensifying political instability, the civilian bureaucracy and military assumed governing power in 1958.
Since its independence, Pakistan’s democratic system has fluctuated between civilian and military
governments at various times throughout its political history, mainly due to political instability,
civilian military conflicts, political corruption and by the military establishment against weak civilian
governments, resulting in the enforcement of Martial Law across the country
The democratic governance and human rights protection FRAMEWORK;
(i). review electoral laws and processes to instil confidence;
(ii). undertake continuous voter registration exercises; and,
(iii). undertake social mobilisation interventions to bridge the gaps of knowledge and understating
between the citizenry and the State in the practice of the rule of law, constitutionalism and democratic
governance.

Current human rights issue in Pakistan:

There are a number of issues of human rights in Pakistan, which is denying the
national image and rights of a person as a human being. Some of these issues are given bellow:
 Extra Judicial Killing: The “extra judicial killing” is a severe form of human rights violation
that often denying justice. It has become as an integral part of law enforcement system in
Pakistan. Through the Constitution of Pakistan and UN’s Universal Declaration of Human Rights
strongly defined this act as violation of human rights, it is still continues in Pakistan. The
government is failing to keep its commitment to end extra judicial killings, torture and other by
the Counter Terrorism Department and Police towards assuring their accountability. In spite of
High Courts ruling’s, extra judicial killings are continued that violates the rule of law of the
country.
 Custodial Torture and Deaths: Custodial torture and death are strongly prohibited by the
national and international laws. But in Pakistan it has seen as a routine procedure to extract
information from the accused persons in detention. In some cases, the victims simply ‘disappear’.
In several of the cases of death in custody allegedly due to torture, the police said that the
detained person committed suicide or that the victim died of natural causes. In some of them,
there is evidence that the police tried to cover up the commission of crimes, sometimes by
interfering with police records or by ensuring that the text of the post mortem or medical reports
reflected the police version of the detainee’s death. In several cases, relatives were threatened
with reprisal if they tried to bring the police officers concerned to justice.
 Political Violence: The political violence is another form of human rights violation in Pakistan
like other third world countries. It has been observed that political domination, lack of democratic
culture among political parties, mistrust, and un-law full exercise of power are the main
contributing factors in the political violence in Pakistan.
 Corruption: Corruption is another restricting force in advancing rule of law and human rights in
Pakistan. It is often denying the enforcement of law against the powerful perpetrators and
limiting the hope of justice for the mass people. Due to corrupt officials in the border security
agencies, children and women are trafficked to other countries and are brought to Pakistan. In
result of corrupt police officials, criminals are walking free and killing people incessantly; the
police in Pakistan is the most corrupt agency which is one of the major source of unrest in the
society and deprivation from basic human rights.
 Freedom of Media: Qai -e-Azam, the founder of Pakistan says “I expect press for complete
fearless.” Regrettably, press in Pakistan has been unsuccessful to appreciate the goal of Qaid-e-
Azam. The constitution provide for freedom of speech and press, but government frequently
failed to respect these rights in practice. In recent time, the attack on journalists has come out as a
concern. There was an increase in individuals affiliated with the government or ruling party
harassing, arresting and assaulting journalists. In 2018 Freedom Index and Reporters without
border ranked Pakistan number 139 out of 180 countries based on freedom of the press.
 Border Killing: Border killing by border forces is another miserable issue for the border lying
people in Pakistan. The poor and marginalized people in border lying areas are often crossing the
border for serving works and commence. While some of those killed are engaged in smuggling
 goods and contraband, border force systematically use lethal force without justification. In spite
of repeated complain of Pakistan Government, the border killing is still continued.
 Violence against Women: Violence against women is alarming in context of traditional socio-
legal structures in Pakistan. It is observed that the women and girls are mainly becoming the
victim of violence. Violence against women is occurring in public and private places, it has many
forms, ranging from domestic and intimate partner violence to sexual harassment and assault,
trafficking and sexual violence and gender related killing. Its impact spams from immediate to
long-term multiple physical, sexual and mental consequences for women and girls, including
death.
 Freedom of peaceful Assembly and Association : In spite of the constitutional provisions for
freedom of assembly and association, the law enforcing agencies to some extend making some
restriction in certain area in the name of traffic and security concern. The restriction is ultimately
blaming to the government as violation of freedom of assembly.
 Rights Violation of Workers: It is frequently reported that the rights of workers are violated in
term of minimum wage for their labor and safe working environment. The leader of the workers
are often claiming their rights issues and often declaring strikes to achieve it. The process is often
creating mistrust between the owners and the workers that turns into a conflicting situation.