Human Rights

Refugees Part A. Sadly and commonly throughout the world of today with its immense technology, and stature lies an ever growing and simple problem soon becoming an epidemic. Through tyranny styled governments, ignorance and even a lack of awareness and care sits 20 million refugees thrown from their countries simply because it is not safe, to a place where they are unknown. These people are children, mothers and fathers dying endlessly with nowhere to go and without a future.

Under international law, a refugee is a person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. They are subgroup of the broader category of displaced persons. … en. wikipedia. org/wiki/Refugee A refugee can be defined in a variety of means and in many ways is a definition that often faces misconception with the general public.

In many cases it is the way in which the circumstances arise that leaves people confused. Wether or not they were forced and also wether it is simply a home or a country that you become forced out of. A refugee is a person or persons that have been forced out of there natural habitat wether it simply be there home or there country and are left with no other option but to run away, out of fear of persecution, death, or because of natural disaster. They do not necessarily run away from there nation of citizenship but just to another location other then there ordinary home to take refuge.

If it is decided that they are either accepted into a country or run into a country for refuge then they are to receive the same freedom and rights as any other ordinary legal resident. However this doesn’t allow them to become immediate citizens or have an extended period of refuge in the country, if and when there country of origin returns to a state of decency they are then forced to return. These rights include; basic civil rights, freedom of thought, freedom of movement, and freedom from torture and degrading treatment.

As with any other individual these people are entitled to have the right to: work, medical care, social and economical rights, and every child must have the right to schooling. We must keep in mind that these people aren’t asylum seekers or immigrants, they simply leave to take refuge and safety. Causes of extended refugee numbers. GOVERNMENT: often in third world and poorly funded nations people are forced to leave as a result of a tyranny styled government. These corrupt officials often associate with terrorists, guerrillas, and drug barons, making the country unsafe and unliveable.

FARMING: poorly funded or corrupt nations often lack sufficient land and equipment for farming practices. This is made worse by a lack of education and farming knowledge. With this, food numbers and the economy is bought down. The farmers themselves as well as all countrymen and women are left with little food and money and are forced to leave. WAR: Corrupt and poor nations are often at the greatest threat of terrorist and war activity thanks to the government and lack of money. Terrorists prey on these areas with poor security, education and with a wide array of religions.

Civilians are at great risk. This is also added to by religious and race fuelled wars. NATURAL DISASTERS: countries often with poor financial backing are worst hit by natural disasters. Farms, the lifeblood of the area as well as buildings which were poorly built originally become demolished. Furthermore infrastructure such as sewerage and water as well as electricity become unsafe and unclean as these nations lack the money not only to fix it but to have had sufficient facilities to begin with. These people are again forced to leave to avoid death.

PERSECUTION: is often caused by corrupt governments. Persecution is often aimed at particular races, religious backgrounds, group memberships, and opinions. Many governments stand for unjust laws allowing people to be unfairly persecuted. Where Are the Refugees coming from? AFRICA: ASIA: 1951: 5,000 1951: 41,500 1999: 3,523,100. 1999: 4,781,800 EUROPE: SOUTH AMERICA. 1951: 1,221,200 1951: 120,000 999: 2,617,600 1999: 61,100 NORTH AMERICA. OCEANIA. 1951: 518,500 1951: 180,000 1999: 649,600 1999: 64,500. THE WORLD: 1951: 2,116,200 1999: 11,697,800 The Largest Refugee Populations, 1999. Who is taking responsibility for the care of the refugees? Part B. Solving the refugee epidemic… As with each day we grow in our knowledge stature both scientifically and technologically as does, sadly a societal epidemic in that of our refugee numbers.

First and foremost these nations need funding that must find its way to the citizens that need it and not the Government. From here education is a necessity where it then should be used in schools, as well as teaching for trades, farming practices, and general human rights, with social education. As said, the most simple yet in many ways unattainable solution is education, in teaching skills and tolerance. In part A, identified were major causes of the refugee numbers and in each case and example education would have been a solution, with the exception of the Government.

Persecution, often caused by race and religion or even opinions is often fuelled by regular citizens who simply haven’t had the correct education and were forced into abiding by certain laws, governments and religions. The people themselves who are often persecuted are the ones who have had the ability to be educated and have their own beliefs rather than those who were taken at a young age and forced to fight or believe in a cause. When it comes to another problem that education can cure, we must look at natural disasters.

Obviously the disaster itself cannot be prevented, however the original damage in many cases could have been far less and the rebuilding could be far better, resulting in fewer refugees, had education been received. This education would have helped several aspects of a natural disasters effect. Firstly buildings and farms in the areas would have been constructed and prepared in order to sustain such events and if educated awareness of the event and preparation in procedures before and after the diaster would be far better.

Farming itself is extremely significant in providing sufficient aspects of these nations economy so again education is vital. Funding shouldn’t be used to supply food to these nations, but to rather supply education for correct farming practices, equipment, facilities and knowledge. This would not only significantly change refugee numbers but increase economic stability and create jobs and money in the area. This education mainly needs to be served to children of the nation at an extremely young age, the future of these nations, who can then provide a emocratic government, as well as having the knowledge to create a sufficiently flowing nation, with agricultural and business benefits. With such religious and social education which is a major problem, corrupt governments will no longer be running the nation and therefore unable to persecute, discriminate or steal. With this education, these nations will grow in stature to provide sufficient, social, economical, health, business, and security aspects that will no longer see citizens forced to run to other countries.

Feinberg’s Theory of Freedom and Rights The exact meaning of “freedom” is often misunderstood due to the many meanings the word has taken on. When a man was labeled “free” decades ago, it was to distinguish if you were simply talking about his legal rights or the characteristics his status. If someone tells you now-a-days that they are “free” it now poses the problem of not knowing exactly what they are free from. Is the man free from debt, from his country’s government or from his sins? We will not know until more information is given to us.

We just know he is free from something that was constraining. Feinberg draws a tie between constraints and desires which lead him to the conclusion that freedom is unsatisfied when constrains stand in the way of our desires. When this happens, our reaction is frustration, which is considered unhappiness. With that idea, having freedom would conclude that the person was considered happy. This may seem far- fetched but drawn up thoroughly by Feinberg. The idea of being happy when having freedom is board.

We need to figure out what kind of freedom is being awarded. There is positive and negative freedom. But watch out, the names are misleading. Positive doesn’t always mean “great” or “pleasant” in this case and negative freedom doesn’t necessarily meaning “awful” or “appalling. ” On top of “positive” and “negative” constraints being factors in the definition of a person’s freedom, we also have to look at the source of the constraint. It can either be external or internal meaning the source is coming from an outside source or within you.

A great definition was stated in Feinberg’s article “If the distinction between internal and external is to be put to political use, perhaps the simplest way of making it is by means of merely spatial criterion: external constraints are those that come from outside a person’s body-cum-mind, and all other constraints. ” (p. 13) With the idea of external and internal constraints brought into the picture, we now have a pool of constraints to choose from. Positive external, negative internal are just a few examples.

Positive now means “addition or adding something on,” whereas negative means “taking away or lack of. ” An example of an internal positive constraint would be a headache whereas an external positive constraint would be a lock door. An example of an internal negative constraint would be ignorance whereas an external negative constraint would be a lack of money. Once we can see that there are different types of constraints, there is no real reason to speak of the two different types of freedom.

The reason there is no longer a need to discriminate is that if nothing prevents me from doing something, I am free to do something conversely, I am free to do something then nothing prevents me from doing something. Feinberg’s idea of “human rights” was they were sometimes understood to be ideal rights, sometimes conscientious rights and sometimes both. They are considered moral rights due to the fact that each person held them equally, unconditionally. He doesn’t suggest the rights are moral by definition and leaves that up for argument but does admit that there is a possibility that human rights don’t even exists.

| Term Paper| Status of Human rights in Pakistan| | | | AUTHORS: Ali Faraz 12l-4087 Ahmad Ali 12l-4105 Junaid Nadeem 12l-4212 | Muhammad Abdullah 12l-4084 Table of Contents Introduction5 Brief History of Human Rights:5 Human Rights in Pakistan:6 Purpose:6 Children’s Rights:8 Definition of children rights8 History of Children’s Right Movement:9 Children’s Right in Pakistan:9 General observations on the situation of children in Pakistan:9 Children in Army:9 Children refugee:9 Discrimination:10 Trafficking of children:10 Honor’ related crimes to children:11 Inadequate education provision:11 Child labor:12 Labor Rights:12 Contract of Employment:14 Termination of the Contract:14 Working Time and Rest Time:14 Paid Leave:15 Women’s rights17 Literal meaning17 Islamic Point of View17 Women’s rights in Pakistan18 Zulfiqar Ali Bhutto Government:19 Zia-ul-haq’s military regime:19 Benazir Bhutto Government:20 Nawaz Sharif Government20 Pervez Musharraf’s regime21 President Asif Zardari21 Investigations and Reports22 Conclusion22 Citizen’s Rights23 Civil rights23 Security of person:24 Safeguards as to arrest and detention:24

Right to fair trial:25 Freedom of movement:25 Equality of citizens25 Political rights26 Freedom of assembly:26 Freedom of association:26 Recent scenario:27 Other Rights28 Inheritance Rights:28 Introduction:28 IN THE CONSTITUTION OF 197329 Condition of Inheritance in past29 Condition of rights of Inheritance at present30 Expected condition of rights of inheritance in future30 Right to Education:31 PAST CONDITION OF EDUCATION:31 PRESENT CONDITION OF EDUCATION:32 FOR THE BETTERMENT OF EDUCATIONAL SYSTEM:32 FUTURE CONDITION OF EDUCATION:33 References/footnotes33 Introduction

Brief History of Human Rights: In the course of human events, Battles have not changed the shape and structure of human society but, philosophical movements are mainly responsible for revolutionizing the social, political and national character of human society. The basic code of human rights was introduced by Islamic philosophy and it is universal recognition for liberty of thoughts, freedom of religious belief and equality of opportunity and rights. In today’s world the UN charter of human rights serves as the foundation of the declaration of human rights.

It sums up the definition of human rights quite precisely “All human beings are born free and equal in dignity and rights . They are endowed with reason and conscience and should act toward one another in a spirit of brotherhood. ” The UN Charter of Human Rights Article 1 ————————————————- Human Rights in Pakistan: At the time of creation of Pakistan, the first basic charter adopted by the legislative assembly was the “objectives resolution”. It declared freedom of speech, thoughts and movement, and religion for every citizen.

The people were to have equal status and equal rights for education and health in the state of Pakistan. The first constitution of 1956 provided civil liberties for every Pakistani. The state of Pakistan declared as “Islamic republic of Pakistan” would protect basic rights of every citizen, irrespective of color, race and religion. With democratic Process present constitution (1973 constitution) was passed by National Assembly, Which adopted all the human rights charter presented in the “Resolution of objects”. This ensured that by law every citizen was granted proper rights.

In fact, the state infrastructure is lacking in solid framework. Therefore, in Pakistan protection of human rights for general public is not possible at all. The condition is practically hopeless; there is a vital need for N. G. Os to work in the field of human rights for women and children. Purpose: This paper on “Status of human rights in Pakistan” will provide proper guide lines to the line of action for improvement of human rights status in the underdeveloped nations like Pakistan. It will surely be helpful in understanding short comings in this field, thus the better improvement will result.

We hope that this article on human rights in Pakistan is a positive and practical contribution in the research work for human rights in Pakistan. Human Rights can be divided into a broad range of categories, such as: * Labor Rights * Children’s Rights * Women’s rights * Rights of a citizen * Rights of elderly people Detailed investigation is conducted on each of these categories. Special emphasis is given to the issue of implementation of these rights in Pakistan. Some other aspects are also discussed to give proper insight into the condition of human rights in Pakistan.

Children’s Rights: “All citizens are equal before law and entitled to equal protection of law”. (Article 25(1) of the Pakistani Constitution). In the article, equality aims as securing the well-being of the people, irrespective of sex, caste, creed or race, by raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants.

All citizens should be bestowed with all the resources available in the country irrespective of age. Definition of children rights Children’s rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child.

A child is any human being below the age of eighteen years, unless under the law applicable to the child, majority is attained earlier. A child is not considered an adult. His parents and guardians are supposed to be guard and protect the interests of children. A person is considered underage, unless he/she reaches the age of 18 years. History of Children’s Right Movement: The Children’s Rights Movement is a historical and modern movement committed to the acknowledgment, expansion, and/or regression of the rights of children around the world.

The Children’s Rights Movement was born in the 19th century. In 1938, Fair Labor Standard Act was signed which placed limits on many forms of child labor. The Child Rights Information Network, or CRIN, formed in 1983, is the group of 1,600 non-governmental organizations from around the world which advocate for the implementation of the Convention on the Rights of the Child. Organization’s report about their country’s progress towards implementation of the laws, so do governments. Children’s Right in Pakistan:

Pakistan ratified the Convention on the Rights of the Child on 12 November 1990, making a reservation on interpreting its provisions following the principles of Islamic laws and values. Pakistan is a party to other international instruments aiming at directly or indirectly improving the rights of the child. General observations on the situation of children in Pakistan: Children in Army: War in Afghanistan and the conflict of Jammu and Kashmir have strongly affected Pakistani civilians, and among them especially children.

Living in a conflict context hinders the survival and development that children have the right to and hazards some basic and fundamental rights the children have. Children refugee: The official report of Pakistan states that the Government has one of the most open and generous policy towards refugees and has done much more than should be expected of a country with limited resources. In reality, Refugee children have been refused their basic rights to protection and education and put in situation of hard labor and exploitation.

A refugee child in North Waziristan Discrimination: The Constitution of Pakistan and laws in general recognize the principle of non-discrimination not only for children, but for all persons. These include children with disabilities, children belonging to different provincial, linguistic, religious or economic backgrounds and against refugee children. Trafficking of children: Trafficking of children is a form of human trafficking and is defined as the “recruitment, transportation, transfer, harboring, and/or receipt” of a child for the purpose of exploitation.

Statistics regarding the magnitude of child trafficking are difficult to obtain. ‘Honor’ related crimes to children: An honor killing is the homicide of a member of a family or social group by other members, due to the belief of the perpetrators that the victim has brought dishonor upon the family or community. Statistically, honor killings have a high level of support in Pakistan’s rural society, despite widespread condemnation from human rights groups. In 2002 alone over 382 people became victims of honor killings in the Sind province of Pakistan.

Over the course of six years, more than 4,000 people have died as victims of honor killings in Pakistan from 1999 to 2004. Inadequate education provision: Access to free and compulsory education is a fundamental right of children. In Pakistan education is neither free, nor compulsory, nor easily accessible to all children. Pakistan has about 184,000 primary schools, including about 121,000 government schools, an estimated 25,000 mosque schools and 38,000 private and non-formal community based schools. Approximately 75% of enrolled children attend government schools.

The government intends to introduce core subjects at the primary, middle and secondary levels of the country’s over 10,000 madrassahs. According to the Pakistan Integrated Household Survey (Round 4: 2001-02), 51% of the population ten years and older has ever attended school. This proportion is much higher in urban areas (69%) than in women (36%). The difference between the sexes is particularly large in rural areas. Punjab (54%) and Sindh (49%) have the highest proportions that have ever attended school; Balochistan (37%) has the lowest Child labor:

The Constitution of Pakistan has told us that No Child is Employee under 14 years. The Constitution of Pakistan further said that No Children will employee in those professions who not resembling their age. The U. N. O said Childhood reserves special attention and helps. A chart showing No. of Rag picker Children in an area. Labor Rights: Pakistan’s labor laws trace their origination to legislation inherited from India at the time of partition of the Indo-Pak subcontinent.

The laws have evolved through a continuous process of trial to meet the socio-economic conditions, state of industrial development, population and labor force explosion, growth of trade unions, level of literacy, Government’s commitment to development and social welfare. To meet the above named objectives, the government of the Islamic Republic of Pakistan has introduced a number of labor policies, since its independence to mirror the shifts in governance from martial law to democratic governance.

Under the Constitution labor is regarded as a ‘concurrent subject’, which means that it is the responsibility of both the Federal and Provincial Governments. However, for the sake of uniformity, laws are enacted by the Federal Government, stipulating that Provincial Governments may make rules and regulations of their own according to the conditions prevailing in or for the specific requirements of the Provinces. The total labor force of Pakistan is comprised of approximately 37. 15 million people, with 47% within the agriculture sector, 10. 50% in the manufacturing & mining sector and remaining 42. 0% in various other professions. The Constitution of Pakistan contains a range of provisions with regards to labor rights such as: • Article 11 of the Constitution prohibits all forms of slavery, forced labor and child labor; • Article 17 provides for a fundamental right to exercise the freedom of association and the right to form unions; • Article 18 proscribes the right of its citizens to enter upon any lawful profession or occupation and to conduct any lawful trade or business • Article 25 lays down the right to equality before the law and prohibition of discrimination on the grounds of sex alone;  Article 37(e) makes provision for securing just and humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment. Contract of Employment: While Article 18 of the Constitution affords every citizen with the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business, the Industrial and Commercial Employment (Standing Orders) Ordinance was enacted in 1968 to address the relationship between employer and employee and the contract of employment.

The Ordinance applies to all industrial and commercial establishments throughout the country employing 20 or more workers and provides for security of employment. Every employer in an industrial or commercial establishment is required to issue a formal appointment letter at the time of employment of each worker. Termination of the Contract: The services of a permanent worker cannot be terminated for any reason other than misconduct unless one month’s notice or wages in lieu thereof has been furnished by the employer or by the worker if he or she so chooses to leave his or her service.

Working Time and Rest Time: Under the Factories Act, 1934 no adult employee, defined as a worker who has completed his or her 18th year of age, can be required or permitted to work in any establishment in excess of nine hours a day and 48 hours a week. Similarly, no young person, under the age of 18, can be required or permitted to work in excess of seven hours a day and 42 hours a week. Paid Leave:

As provided in the Factories Act, 1934, every worker who has completed a period of twelve months continuous service in a factory shall be allowed, during the subsequent period of twelve months, holidays for a period of fourteen consecutive days. If a worker fails in any one such period of twelve months to take the whole of the holidays allowed to him or her, any holidays not taken by him or her shall be added to the holidays allotted to him or her in the succeeding period of twelve months. Maternity Leave and Maternity Protection:

Article 37 of the Constitution makes reference to maternity benefits for women in employment. The Maternity Benefit Ordinance, 1958 stipulates that upon the completion of four months employment or qualifying period, a worker may have up to six weeks prenatal and postnatal leave during which she is paid a salary drawn on the basis of her last pay. Minimum Age and Protection of Young Workers: Article 11(3) of Pakistan’s Constitution expressly prohibits the employment of children below the age of fourteen years in any factory, mine or other hazardous employment.

In addition, the Constitution makes it a Principle of Policy of the State of Pakistan to protect the child, to remove illiteracy and provide free and compulsory education within the minimum possible period and to make provision for securing just and human conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex. Pay Issues: Wages are construed as the total remuneration payable to an employed person on the fulfillment of his or her contract of employment. It includes bonuses and any sum payable for want of a proper notice of discharge, but excludes the value of accommodations i. . , supply of light, water, medical attendance or other amenities excluded by the Provincial Government; the employer’s contribution to a pension or provident fund, traveling allowance or concession or other special expenses entailed by the nature of his or her employment; and any gratuity payable on discharge. Workers’ Representation in the Enterprise: A Joint Works Council must be set up in any establishment employing fifty persons or more. It consists of no more than ten members, forty per cent of which are workers’ representatives.

In the previous system, the Management Committee and the Works Council were composed of an equal number of representatives of the employer and workers, whereas the Joint Management Board had a workers’ participation of 30 per cent. The Convener of the Joint Works Council is from the management. The Joint Works Council deals with matters, which were of the competency of the earlier Joint Management Board, such as the improvement in production, productivity and efficiency, provision of minimum facilities for those of the workers employed through contractors who are not covered by the laws relating to welfare of workers.

It has also taken up tasks of the previous Works Council, i. e. promoting settlement of differences through bilateral negotiations, promoting conditions of safety and health for the workers, encouraging vocational training within the establishment, taking measures for facilitating good and harmonious working conditions in the establishment, provision of educational facilities for children of workers. Women’s rights Literal meaning Legal, political, and social rights for women equal to those of men. Merriam Webster) Rights that promote a position of legal and social equality of women with men. (Oxford) Islamic Point of View According to Islamic point of view, women have equal rights to men but not identical rights to men . According to Islam men and women are equal but different from each other. Just like hands and feet both are the part of body but they possess different role to play and they have their own importance in the body. Similarly both men and women form an Islamic society but their role in the society is different.

Islam does not say that women are inferior to men. it only says that women are different from men. When we say that we should take care of the eyes more than our hands it does not mean that we consider that eyes are inferior to hands but it means that eyes are more delicate part of the body and it needs more care , similarly women in an Islamic society possess a special importance and an Islamic society takes more care of them as compared to men. This speciality is being portrayed by the west as negativity which is totally against the Islamic point of view.

In Islam with the advancement of age women get more value and importance as they become mothers and to Islam paradise lies under the feet of mothers but In the West women lose their worth as they grow old. Islam gives women the freedom of speech, freedom to cast vote, to get education, to get property, freedom of movement in the boundaries of Quran and “Sunnah”. In Islam Women can take part in Law making (example of Hazrat Umar in case of fixing money of “Mehr”. Women advice was accepted).

In Islam it is mandatory both for women and men to get education. Women played a great role to spread education like Ayesha (RA) narrated more than 2000 “Ahadees” and she used to teach both to men and women. Women’s rights in Pakistan Before the independence of Pakistan, many Muslim reformers such as “Sir Sayed Ahmad Khan” tried to bring education to women, limit polygamy, and empower women in other ways through education. The “founder” of Pakistan, Muhammad Ali Jinnah was known to have a positive attitude towards women.

After the formation of Pakistan women’s groups and feminist organizations started by prominent leaders like “Fatima Jinnah”, worked actively to eradicate social injustices against women in Pakistan. The Pakistani women were granted the right of vote in 1947 at the time of independence, and they gained the right to vote in national elections in 1956. The provision of reservation of seats for women in the Parliament existed throughout the constitutional history of Pakistan from 1956 to 1973.

A poll showing answers to imp. Questions Zulfiqar Ali Bhutto Government: The democratic regime of Zulfiqar Ali Bhutto (1970–1977) was a period of liberal attitudes towards women. All government services were opened to women including the foreign services, which had been denied to them earlier. About 10 % of the seats in the National Assembly and 5 % in the provincial assemblies were reserved for women. Gender equality was specifically guaranteed in the Constitution of Pakistan adopted in 1973.

The constitution text of 1973 stated that “there shall be no discrimination on the basis of sex alone. ” Zia-ul-haq’s military regime: The martial law regime of “ General Zia-ul-Haq” (1977–1986) was full of policy contradictions.. In 1981, General Zia-ul-Haq nominated the “Majlis-e-Shoora” and inducted 20 women as members. However Majlis-e-Shoora had no power. In 1985, the National Assembly elected through non-party elections doubled women’s reserved quota (10 to 20%). However, Zial-ul-Haq started a process of “Islamization”.

He imposed “Hudood Ordinance” and the “Qanun-e-Shahadat Order” (Law of Evidence Order). He banned women from participating and from being spectators of sports and promoted purdah. He suspended all fundamental rights guaranteed in the Constitution that had been adopted in 1973, including the right to be free of discrimination on the basis of sex. He also proposed laws regarding Qisas and Diyat. Benazir Bhutto Government: Benazir Bhutto became the first female Prime Minister of Pakistan in 1988, and the first woman elected as a head of a Muslim country.

However, during her two incomplete terms in office (1988–90 and 1993–96), Benazir Bhutto did not propose any legislation to improve welfare services for women. She reversed the 1973 constitution. There were very small developments in the way of women rights such as The First Women Bank Ltd. (FWBL) was established in 1989 to address women’s financial needs. It operates 38 branches across the country, managed and run by women. Nawaz Sharif Government In 1997, the Nawaz Sharif government formally enacted the “Qisas and Diyat Ordinance”.

Nawaz Sharif then proposed fifteenth amendment to the Constitution that was little bit comprehensive and Islamic in nature . which was approved in the National Assembly (lower house), where Sharif’s party has a majority, but, it remained stalled in the Senate after facing strong opposition from women’s groups, human rights activists, and opposition political parties. The country’s first all-women university, named after Fatima Jinnah, was inaugurated on 6 August 1998.

It suffered from delays in the release of development funds from the Federal Government. Pervez Musharraf’s regime In 2002, after the court trials, it proved that Mukhtaran Mai was the victim of rape. Her case was seen in international spotlight, this forced Musharraf to bring some changes in the constitution to protect the women rights. . On September 2, 2004, the “Ministry of Women Development” was made independent ministry, separating from the “Social Welfare and Education Ministry”.

On July 7, 2006 General Musharaff signed an ordinance for the immediate release on bail of around 1300 women who are currently languishing in jails on charges other than terrorism and murder. In late 2006, the Pakistani parliament passed the Women’s Protection Bill, repealing some of the Hudood Ordinances. The Cabinet has approved reservation of 10% quota for women in Central Superior Services. In 2006, The Protection of Women (Criminal Laws Amendment) Act was also passed. President Asif Zardari

President Asif Ali Zardari on January 29, 2010 signed the bill, providing for increased punishment over harassment of women at workplaces. The Protection against “Harassment of Women at Workplace Bill 2009″ Criminal Law (Amendment) Bill(2009), According to the bill whosever makes any sound, gesture, utters any word, exhibits any object or demands sexual favour from woman at workplace would face the punishment to three years in prison and a fine of up to Rs 500,000. The objective of the bill is to protect the women rights. Investigations and Reports A 1987 study conducted by the “Women’s Division” and another study by the “Human Rights Commission of Pakistan” in 1996 suggested that domestic violence takes place in approximately 80 percent of the households in the country. Domestic violence occurs in forms of beatings, sexual violence or torture, mutilation, acid attacks and burning the victim alive. * According to a 1999 report, of the sixty “bride-burning” cases that made it to the prosecution stage (though 1,600 cases were actually reported), only two resulted in convictions.

However dowry abuse cases are low after 2001. The BBC reckoned roughly 300 Pakistani brides were burnt to death in 1999. * According to a “Human Development Report” released by the United Nations, Pakistan has better gender equality than India. However, in 2012, the “World Economic Forum” ranked , Pakistan and Yemen as the worst in their Global Gender Gap Report. Pakistani women face atrocities like rape, acid throwing, honour killings, forced marriages, forced prostitution and the buying and selling of women.

The past few years have been witness to a steep increase in such crimes. Conclusion In spite of all these efforts there is no overall change in the status of women in Pakistan. The reason is neither legislative nor Islamic rather it is social. In our villages and remote areas feudalism, illiteracy and ignorance still prevail and until and unless we remove these social causes and disseminate education we cannot uplift the status of women in Pakistan who are still leading their lives under age old social traditions based on some kind of Hindu mythology and superstitions.

Citizen’s Rights Citizen’s rights are those rights which ensure a citizen’s ability to fully participate in the civil and political life of the state without discrimination or political repression, and protect the freedom of classes of persons and individuals from unwarranted infringement into those rights by governments, private organizations, and other entities. Basically Citizen’s rights are of two types: * Civil rights * political rights Civil rights

According to civil rights, state is responsible to give protection to every citizen ,to give justice, to give freedom of speech and expression, to give freedom of thought and conscience ,to give freedom to adopt any religion and spent his life according to it, to give freedom to move and have any property. it is also a citizen’s right that state give education to every of its citizen. Pakistan is a sovereign, Islamic state . It also ensures to give the civil rights to its citizen. When Pakistan got independence ,then British act of 1935 was imposed with some modifications as a constitution.

In 1949 first time constitutional outlines were sketched out ,which were called objective resolution. In the resolution it make sure that every citizen have civil rights. In 1956 constitution civil rights were given without any discrimination but it was also said that “Civil and Political Rights were given to the people of Pakistan but they could be suspended in case of emergency. ” Ayub Khan’s regime was not better for civil rights and being the martial law regime there was no progress in this regard. However it is the 1973 constitution where the civil rights was given in its real sense.

In constitution of 1973, these rights were discussed in details in article 8 to 28. The text of the constitution of 1973 said that: Security of person: “No person shall be deprived of life or liberty save in accordance with law. ” (article 9) Safeguards as to arrest and detention: 1. “No person who is arrested shall be detained in custody without being informed, as soon as may not be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice”. 2. Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. “(article 10. 1 &10. 2) Right to fair trial: “For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process”. (article 10. A) Freedom of movement:

Every citizen shall have the right to remain in, and, subject to any reasonable restriction imposed by law in the public interest, enter and move freely throughout Pakistan and to reside and settle in any part thereof. (article 15) Equality of citizens All citizens are equal before law and are entitled to equal protection of law. (articlw 25. 1) In article 19, said that “every citizen have freedom of speech” and in 19A ,said that” every citizen have right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law. Similarly, all the articles have successfully been discussed these matters. …………………………………….. Political rights Are those rights which give freedom to a citizen to participate in politics. These rights are about freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote. “The ballot is stronger than bullets. ” – Abraham Lincoln These rights were talked about in objective resolution, constitution of 1956, constitution of 1965 as well as constitution of 1973.

According to the text of 1973’s constitution: Freedom of assembly: Every citizen shall have the right to assemble peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of public order. (article 16) Freedom of association: (1)“Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality. ”(article 17. 1) In many other sections, it was also discussed about freedom of right to vote or petition.

Recent scenario: No doubt, citizen’s rights are discussed in details in constitution, but are not as imposed as they are. Many examples are supporting this argument; many incidents have occurred which are the bitter examples of violation of citizen’s rights, some of them we are discussing below. * July 3rd, 2007 will be remembered as a black day in the history of Pakistan. The Government of Pakistan attacked Lal Masjid in Islamabad killing its own citizens … thousands of innocent students! The dictation from the US and thirst for power led Musharraf to adopt the most brutal methods. In the last few days, we have seen large-scale violations of fundamental ; human rights in the country. The constitution guarantees “the dignity of man and the privacy of the home shall be inviolable” (Article 14), but people are being taken out of their homes and arrested. Before first light broke the police barged into human rights activist Tahira Abdullah’s home in Islamabad and dragged her to the police station. (2009) * According to recent HRCP Constitutional Petition in Supreme Court : The petition has led to the government tracing 159 victims of involuntary disappearance, while another 72 are still missing. t is a big question on protection of citizens rights that why they were been missed..?? and where they are..??? According to article 7, Govt. is responsible for the security of every citizen. If Govt is responsible, then why was MALALA YUSUF ZAI been attacked..??? * Why the government is kidnapping ; killing the people of Waziristan..??? * Why is the government not protesting against US-drone attacks, which have killed about 5000 of our citizens till now * Whose war are we fighting? * To whom are we proudly showing our strength? Maybe too many questions but, the answers are always ambiguous.

The masters changed. The confused are becoming more confused. What system is this where justice is not there? And I’m not talking about the lawyers and judge’s movement. If there’s no centre in life, every movement is fruitless. And we surely have left that centre a long time ago…Because beggars cannot be the choosers. Other Rights Pakistan human rights situation is a complex, one as a result of the country’s diversity, large population, its status as a developing country and sovereign, Islamic public as well as an Islamicdemocracy as a mixture of both Islamic and colonial laws.

The construction of Pakistan providesfundamental rights, which include freedomof speech, freedom of religion, freedom of assembly and a right to bear (alms) arms. Inheritance Rights: Introduction: Inheritance rights are crucial for Muslim women because distribution and control of property and assets significantly affect their ability to enjoy stable and fulfilling lives and to exercise other rights. Without assets derived from inheritance, women are disadvantaged, cannot lead independent life, and cannot even ensure that they and their families can support themselves.

Inheritance distribution is closely tied up with provisions in many muslim family laws, and must be conceived from a just and quotable perspective in order to ensure there is fairness and justice in other aspects of family life. And when (other) near of kin and orphans and needy persons are present at the distribution (of Inheritance), give them something there of for their sustenance and speak upto them in a kindly way. Surah –Nisa: 4 : 8 IN THE CONSTITUTION OF 1973 In Pakistan the constitution of 1973 guarantees every citizen the right to to acquire, hold and dispose of property” in addition it stipulates that “no person will be deprived of his property”. A part from the constitutional guarantees legal instruments also uphold women’s property rights. Condition of Inheritance in past In the past,, there was no concept of property rights for women. In the tribal society, Inheritance was based on the principal of comradeship-in-arms” since men were physically stronger and better fighters, it leads to the exclusion from Inheritance of women, minors of both sexes and invalids as well as in the preference of the paternal to the material lines.

There was also the custom of Inheritance by consideration at that time. By this custom two strangers would enter into a pact that the blood of was the blood of the other, and therefore an attack on one was attack on the other. Thus, according to this pact, the two parties defended each other in their lifetime, and whoever died lift his property to the other. This included of the wife of one by the other. Since women were treated as chattels, they obviously had no rights of Inheritance. Condition of rights of Inheritance at present

The advent of Islam lead to many reforms in the law of Inheritance which resulted in an improvement in the conditions of women, compared to what they had previously been completely denied a share in heritance as they were regarded as part of the property and know females have made co-shares in property with the males. Islam also clearly defined the shares of inheritors and limited the amount of one’s property that could be bequeathed to the one third of total, thus promoting a fair and equitable system for the distribution of property.

Women’s rights of inheritance in Pakistan continue to fall short of projections and promises despite some positive steps to ameliorate condition. Women’s right to inheritance plays a vital role in the socio economic and political improvement of women folk, but unfortunately women are denied right to inheritance due to deep-rooted. Patriarchal system, biased interpretation of divine directives, laws of the land and above all inefficient mechanism for the implementation and enforcement of laws.

Expected condition of rights of inheritance in future Women’s rights of inheritance will hold secure rights to land, which will provide physical safety and psycho logical security. Land rights will elevate the status of the rights holder in the eyes of family members and the community ensuring that women will have equitable rights to land acknowledges their worth, help the break down perceptions of inequality within house hold and communities, and will reduce their dependence on men for their survival. Right to Education:

Introduction: The right to education has been universally recognized since the universal declaration of human rights in 1948 and has since been enshrined in various international conventions, national constitutions and the development plans. Education creates the “Voice: through which rights can be claimed and protected”, and without education people lack the capacity to “achieve valuable functionaryas part of the living” if people have access to education they can develop the skills” capacity and confidence to secure other rights.

Education gives people the ability to access information detailing the range of rights that they hold on the constitutions of 1973: The constitution of Pakistan framed in 1973 promised to its citizens that “the state shall remove illiteracy and provide free and compulsory secondary education within the minimum possible period” makes technical and professional education generally available and higher education equally accessible to all on the basis of merit. The constitution also corresponds with the universal declaration of human rights which says that “everyone has the right to education.

Education shall be free atleast in the elementary and fundamental stages. Elementary education shall be compulsory. ” PAST CONDITION OF EDUCATION: There were several issues on education system this issue included bilingual students and special needs education. It was doubtful that any child might reasonably be expected to succeed in life if he was denied the opportunityof an education. It had been considered constitutionally justified to segregate the public education system. Most of the people were uneducated. Primary and secondary schools were rare. They had no access to good education because of poverty.

Students did not pay heed to their studies and their parents were also not cooperative because of their being uneducated. Girls were not allowed to go out to get education. Education was not allowed compulsory for them because according to their thinking girls did not have to work like men. Due to this people of Pakistan faced many problems like unemployment. These were the enormous causes for the downfall of education in Pakistan. PRESENT CONDITION OF EDUCATION: Government has established schools, colleges and universities throughout the country that have been importing education in different respects in studies of life.

Education is the only weapon by which we can fight and conquer the battle of life. Education has become a question of survival for useless developed man cannot bring the change in improving the skills that are vital for the uplift of education. It is also a dreadful fact that today’s young ones have changed their motives pertaining to acquiring education. Actually, “the education should be for the purpose of getting education” as it has been wisely said but we have changed the slogan. Education should be for the purpose of getting jobs”.

If we keep on remaining this theory in mind then we will be digressed from our way and education will be out of our reach. It has been observed how our educational system has reached its lower ebb of destruction by our negligence so far, the steps worth to mention have not yet been taken to curb and remove all kinds of defects from the educational system. FOR THE BETTERMENT OF EDUCATIONAL SYSTEM: It is our social, political and individual duty to findout the defects and repair the irreparable things in educational system.

If we want to get on and move with the developed nations of the world then our first and foremost priority should be diverted to the development of education. Hard work is required to depoliticize the educational system. FUTURE CONDITION OF EDUCATION: As education is becoming important day by day and many people desire to get higher education. So, in future most of the people will be educated. All the schools and education centers will provide the proper and much acknowledgeable technical education to the students for making their future bright in all the sections.

There will be a race among people to get good education. References/footnotes ^President Zardari signs bill to establish human rights commission, The News International, May 31, 2012 http://www. un. org/en/rights/ ^ PAKISTAN Islamic extremists still unpunished 40 days after the Sangla Hill attack – Asia News ^ International Christian Response: Cartoon Protestors in Pakistan Target Christians ^ a b N. J. Civil Unions Hung Up on ‘Marriage’ | Christianpost. com ^ “Fighting for rights: Hindu Marriage Act might be ready in two months”. The Express Tribune. 011-11-13. ^ “Divorce remains sticking point in Hindu Marriage Act”. The Express Tribune. 2011-10-12. ^ a b “Hindus in Pak protest for Hindu Marriage Registration Act”. Jagran Post. 2012-03-30. ^ “Pakistan asks Hindus to quit military area”. Rediff. com. November 07, 2003 ^ Reddy, B. Murlidhar (September 23, 2005). “Hindus in Pakistan allege humiliation”. Chennai, India: The Hindu. Retrieved 2006-08-26. ^ Swank, Grant. “Kidnap Hindu Girl, Force Marriage to Muslim: Pakistan”. Retrieved 2006-08-26. ^ “Opp MNAs fight in PM’s presence”. Retrieved 2006-08-23.

Justin Frazer Dr. Bryce Jones BSAD 234 4/10/13 Abortion is a hot debate topic. So naturally, it has generated many disputes and court cases. Two of the most famous and definitive court cases regarding abortion are Roe v Wade and Doe v Bolton. Both of these cases were ruled on at the same time. Both cases resulted in landmark decisions that would change how many states were allowed to regulate abortion. These rulings also help put into view the line between law and morals. Roe v Wade Jane Roe” was actually a pseudonym for the plaintiff, Norma McCorvey. She used this for protection and also to emphasize that she was fighting for all pregnant women. The defendant was Henry Wade, district attorney for Dallas County, Texas. McCorvey’s claim was that the Texas abortion law, passed in 1859, violated her constitutional rights. Backstory: Norma McCorvey, age 21, became pregnant in 1969. She did not want to continue with her pregnancy, as her marriage had failed and her first daughter was in the care of her mother and stepfather.

As previously stated, Texas passed a law in 1869 preventing all abortion, excluding cases in which the woman’s life was in danger. She met Sarah Weddington and Linda Coffee, two attorneys who were interested in changing the abortion law. There were two issues standing in the way: McCorvey might not have standing because the abortion law only applied to women who performed abortions, not to those who needed them. The second issue was if she passed the point in her pregnancy where it was safe to perform an abortion, the case would become irrelevant.

Their argument: in a previous case, Griswold v Connecticut, Justice William O. Douglas interpreted the Ninth Amendment to mean that any rights not explicitly granted to the government were retained by the people; previously it had been taken to mean that those rights were retained by the states. At the time of this case, this meant that all previously banned contraceptives between couples were now legal. Weddington and Coffee could argue that this “right to privacy,” as Douglas defined, should also be applied to abortion.

The first reply from Assistant D. A. John Tolle, defending D. A. Wade, claimed exactly what they had expected: “Jane Roe” had no standing since the law only affected women who performed abortions. An anonymous affidavit from McCorvey submitted to a three-judge panel on May 22, 1970, stated that she wanted to terminate her pregnancy due to “the economic hardship which pregnancy entailed and because of the social stigma attached to the bearing of illegitimate children. At the hearing, Weddington argued on Roe’s standing to sue, as well as the constitutionality of the abortion statute (on the grounds of the First, Ninth, and Fourteenth Amendments). After the defense argued for the unborn fetus as a child, a life, Weddington brought up the issue of the impossibility to define when “life” begins (which is still one of the main arguments between pro-life and pro-choice advocates). Finally, Tolle argued that right of a child was more important than the woman’s previously stated “right to privacy. However, the three judges found that the Texas abortion laws were unconstitutional by depriving rights dictated by the Ninth Amendment. Since this only declared the law unconstitutional and did not prevent the enforcing of the law, the plaintiffs then appealed to the Supreme Court. In October 1972, the plaintiffs and the defendants made their cases as they had before. Several things played into the Court’s following decision: the ruling of Eisenstadt v Baird, which made it legal for unmarried persons to use birth control.

This solidified Weddington’s argument for the right to privacy in the Ninth Amendment; that individuals have the right to be free from government intervention in matters such as whether or not to have a child. Second, Justice Harry Blackmun, after reviewing the abortion statutes, ruled that they were no longer valid because they were put in place due to the dangers of abortion; this was no longer an issue, as abortion was just as safe as childbirth in the present time. Concerning the rights of the unborn as a child, Blackmun found that nowhere in the

Constitution or Bill of Rights (specifically, the Fourteenth Amendment) a “person” includes the unborn. The final ruling: the abortion decision must be left to the judgment of the woman’s doctor in the first trimester. In the second trimester, the state may “regulate the abortion procedure in ways that are reasonably valid to maternal health. ” After that, the state can regulate or stop the abortion. Summary Norma McCorvey wanted an abortion, but could not obtain would since it was illegal in her state, Texas.

Most states at the time had abortion statutes in place proscribing abortion. She, under the alias “Jane Roe,” and the two attorneys representing her, Sarah Weddington and Linda Coffee, filed a suit against the county of Dallas on the grounds that the abortion laws violated a woman’s right to choose under the “right to privacy,” interpreted in the Ninth Amendment in the previous case Connecticut v Griswold. The district court ruled in favor of “Roe,” basing judgment upon the Ninth Amendment.

This ruling did not prevent the enforcement of the abortion laws; rather, it merely stated that they were unconstitutional. McCorvey and her attorneys, now not only representing “Jane Roe” as a person, but as all women, appealed directly to the Supreme Court. On the opposing side, there was the fact that the state believed they had the responsibility to protect the life of the unborn child. The argument against that was this: “when does life really start? ” It could be said that life doesn’t begin until after the child is born; not when it is still a fetus.

This really sparked this debate that still goes on today. Justice Harry Blackmun found that, after reviewing the Constitution and Bill of Rights, the Founding Fathers never explicitly put the unborn with the “persons” protected under our nation’s documents. However, he said that this was not absolute. He said that, though he agreed that the Ninth Amendment encompassed a woman’s right to choose whether or not to terminate her pregnancy, the right to choose was also not absolute.

So, they came to a compromise: during the first trimester of a pregnancy, abortion was legal, but at the judgment of the woman’s doctor (which has changed since then). During the second trimester, the state could regulate abortions in a way that is related to maternal health. During the third trimester, the state could proscribe abortions. The general rule was that if the fetus is able to live outside the womb (with artificial aid), which was typically at about 28 weeks, then the woman no longer has a right to an abortion. This entire case and the decisions that were made is a landmark in our history.

It has sparked much debate and divided many people into “pro-life” and “pro-choice” groups. Doe v Bolton A companion case to Roe v Wade, Doe v Bolton was an abortion case that happened in Georgia around the same time (decision on the same day) that its Texas counterpart did. Much like other states with abortion laws, Georgia only allowed abortion if: the pregnancy was a danger to the woman’s life by judgment of a licensed physician, the fetus was in danger of being born with a serious defect, or if the abortion was a product of rape (§ 26-1202(a)).

The woman wanting an abortion also had to qualify for the following conditions, defined under § 26-1202(b) of Georgia Criminal Code: “the abortion [is to] be performed in a hospital accredited by the Joint Commission on Accreditation of Hospitals, the procedure be approved by the hospital staff abortion committee, and the performing physician’s judgment be confirmed by independent examinations of the patient by two other licensed physicians. ” Sandra Cano, a mother of three, did not meet any of these conditions. Under the pseudonym “Mary Doe,” she and her attorney, Margie Pitts Hames, sued Arthur K.

Bolton, the Attorney General for Georgia. Their claim was that the abortion statute of Georgia was unconstitutional. Like “Roe,” the three-judge panel of the district court found that Doe did, in fact, have standing in this issue. They ruled that the first three conditions (§ 26-1202(a)) listed above were unconstitutional, but they upheld the medical approval and residency requirements. In addition, like Roe v Wade, they merely provided that the section of the law was unconstitutional; they did not give any injunction against enforcing the law.

This is called declaratory relief. The plaintiffs then appealed directly to the Supreme Court, like Roe and her attorneys. The arguments and counter-arguments were all the same as in Roe v Wade. The Court found that the three conditions in section 26-1202(b) were unconstitutional. They found that the JCAH accreditation requirement did not pertain to the woman’s right, and did not reasonably relate to the abortion statute. The two conditions requiring the abortion to be approved by a committee and by two other physicians were found to not serve the woman’s health in any way.

The committee condition violated the woman’s “right to receive medical care” from her physician, and the two-doctor condition violated the physician’s “right to practice. ” These conditions were struck down. Justice Blackmun, mentioned in the previous case, said that Roe v Wade and Doe v Bolton must be read together. The former allowed the states to proscribe abortion in the third trimester. However, Doe v Bolton added that the abortion could still be allowed if it was a matter of the woman’s health, in the opinion of the woman’s doctor.

This is essentially a loophole around the “viability” requirement of the ruling of Roe v Wade. Doe v Bolton and Roe v Wade together struck down state abortion laws and struck up heated debates. These were the first real challenges regarding abortion in the United States. Both declared abortion a constitutional right. Summary Sandra Cano (“Mary Doe”) and attorney Margie Pitts Hames sued the state of Georgia for its unconstitutional abortion statute. The district court found they had standing, but like Roe v Wade, they gave them only declaratory, not injunctive, relief.

The plaintiffs appealed to the Supreme Court for broader relief. Georgia’s Criminal Code, section 26-1202(b), stated that in addition to the requirements to receive an abortion that a woman must be in danger from the pregnancy, the child must be in danger of severe defect from birth, or the pregnancy being a result of rape, any woman wanting an abortion had to receive one in a hospital accredited by the Joint Commission on Accreditation of Hospitals, she had to receive permission of two physicians other than her own, and the decision must also be approved by a hospital committee.

The Court struck all of these requirements as unconstitutional. Additionally, the Court ruled that a woman may obtain an abortion after “viability” (as defined in Roe v Wade) if it was necessary to preserve her health. Along with its companion case, Roe v Wade, the decision was made on January 22, 1973, that abortion was a constitutional right.