INTRODUCTION TO HUMAN RIGHTS

1. Meaning and definition of Human Rights

2. Objectives of Human Rights
3. Sources of Human Rights
4. Kinds of Human Rights
5. Concepts of Human Rights
INTRODUCTION TO HUMAN RIGHTS
 Right
 a moral or legal entitlement to have or do
something.
 Natural rights are rights which are "natural"
in the sense of "not artificial, not man-made,
or by god. They are universal; that is, they
apply to all people, and do not derive from
the laws of any specific society.
INTRODUCTION TO HUMAN RIGHTS
INTRODUCTION TO HUMAN RIGHTS
INTRODUCTION TO HUMAN RIGHTS
OBJECTIVES OF HUMAN RIGHTS
SOURCES OF HUMAN RIGHTS
KIND OF HUMAN RIGHTS
KINDS OF HUMAN RIGHTS
KINDS OF HUMAN RIGHTS
KINDS OF HUMAN RIGHTS
KINDS OF HUMAN RIGHTS
CONCEPT OF HUMAN RIGHTS
CONCEPT OF HUMAN RIGHTS
CONCEPT OF HUMAN RIGHTS
CONCEPT OF HUMAN RIGHTS
CONCEPT OF HUMAN RIGHTS
INTRODUCTION
EVOLUTION AND DEVELOPMENT OF HUMAN RIGHTS

 Magna Carta (1215)

 The Petition of Right(1628)
 Bill of Rights (1689)
 US Declaration of Independence (1776)
 The French Declaration of the Man and of Citizen(1789)
 Genava Convention (1864)
 United Nations(1945)
 UDHR (1948)
MAGNA CARTA 1215
THE PETITION OF RIGHT(1628)
BILL OF RIGHTS (1689)
US DECLARATION OF INDEPENDENCE (1776)
THE FRENCH DECLARATION OF THE
MAN AND OF CITIZEN(1789)
GENAVA CONVENTION 1864
UNITED NATIONS(1945)
UDHR, 1948
 INTRODUCTION TO
FUNDAMENTAL RIGHTS, ART 8-28
AND POLICY PRINCIPLE, ART 29-40
HUMAN RIGHTS

 RIGHT is an interest recognized and protected by law.

 Every human being is entitled to enjoy his or her human rights
without distinction of race, color, sex, language, religion,
political or other opinion, social origin, property, birth or other
status.
 Human rights are the basic rights and freedoms that belong to
every person in the world, from birth until death.
 Human rights are ‘universal’ and without any limitation
IMPORTANT CHARACTERISTICS OF HUMAN RIGHTS:

 Respect for the dignity and worth of each other;

 Universality – they are equally applicable to all without

discrimination;

 Inalienability – no one can restrict, deny or take away the

human rights of a person (other than in specific situations
permitted under the law.
FUNDAMENTAL RIGHTS

 Fundamental rights are a set of rights that are recognized under

the laws of a country to protect their citizens.
 These laws protect these rights even from the governments
themselves. These protected rights include the right to life, right
to freedom
 fundamental rights are referred as the conscience of constitution
 When a right is safeguarded by a Constitutional guarantee, it is
known as a ‘fundamental right’
 Such a right cannot be taken away, suspended or restricted,
unless expressly provided for in the Constitution.
PAKISTAN AND FUNDAMENTAL RIGHTS

 Fundamental Rights lay at the very heart of the Constitutional

concept of Pakistan.
 They protect very basic “interests” that are considered
essential to the development of the human personality and
society
 such as life (art. 9), dignity (art.14) and equality (art. 25).
 Articles 15-20, 23 and 25 address the fundamental rights of
citizens of Pakistan

 Articles 9-14, 21, 22 and 24 address the rights of a person in

general.
PRINCIPLES OF POLICY, ART 29-40

 These articles are associated with elevation of local

government bodies
 involvement of females in national life, security of family etc.
 safety of minorities,
 uplifting the social justice ,
 abolition of social evils,
 Upgrading the communal and monetary welfare of the public,
 consolidation with Muslim Ummah
 encouraging global peace.
DIFFERENCE
FUNDAMENTAL RIGHTS POLICY’s PRINCIPLEs

From Art 8-28 From Art 29-40

Negative rights Positive rights

To achieve the justice,
Concerned with political justice; With social and economic justice;
based on the concepts of human rights to create an opportunity for each person to
and equality, create a sufficient material foundation
upon which to have a dignified,
productive, and creative life.
Justiciable rights Non justiciable rights
Can be settled or enforced by courts Can’t be settled or enforced by courts
IMPORTANCE

 Act as a fundamental source for country governance

system
 State must follow the policy principle before enacting
any new law
 Public opinion Is major source behind the
enforcement of policy principle
 By forcing the government to respect it and enact new
laws in accordance with these principles.
PROPOSED AMENDMENT IN CONSTITUTION
 Ehsaas policies, released on 10th of April in 2019

 Policy number 1 has been assigned to Law division.

Considering the nature of article 38(d) of constitution,
 it is proposed in policy to move that very article from section of
Policy’s Principle to Fundamental Rights section.
 This will help in making the provision of “food, clothing,
housing, education and medical relief for citizens who cannot
earn a livelihood due to infirmity, sickness or unemployment”
 Art 38(d), provides “necessities of life, such as food, clothing.
housing, education and medical relief, for all such citizens,
irrespective of sex, caste, creed or race, as are permanently or
temporarily unable to earn their livelihood on account of
infirmity, sickness or unemployment”
FUNDAMENTAL RIGHTS

 Article 8: Right to Life

 The word life is very significant as it covers all a person born in a
free country is entitled to enjoy with dignity, legally and facets of
human existence.
 (Shehla Zia v WAPDA PLD 1994 SC 693).
 Article 9: Security of Person
 No person shall be deprived of ‘life’ or ‘liberty’. Exceptions: Save
in accordance with law.
 Article 10: Safeguard as to Arrest and Detention
 A person must be informed of the grounds of his or her arrest and
must have the right to consult and be defended by a lawyer of his
or her choice.
 Exceptions: In case of preventive detention, a 3-month detention
can be increased by another 3 months, as per the circumstances
 Article 10-A: Right to Fair Trial and Due Process For any
civil or criminal charge.
 Article 11: Prohibition of Slavery and Forced Labour

 Article 12: Protection against Retrospective Punishment

 Not to punish what was not punishable at the time of the act

or omission.
 Article 13: Prohibition as to Double Jeopardy and Self-

Incrimination
 Article 14: Inviolable Right to Dignity and Privacy

 Article 15: Freedom of Movement

Includes the right to enter, move, reside and settle in any part
of Pakistan.
Exception: Subject to reasonable restrictions imposed in
public interest.
 Article 16: Freedom of Assembly
 Article 17: Freedom of Association
 Article 18: Freedom of Lawful
Occupation/Trade/Business/Profession
 Article 19: Freedom of Speech, Expression and Press
 Article 19-A: Right to Information.
 Exception: Subject to reasonable restrictions imposed by
law.
 Article 20: Right to Practice, Profess and Propagate any
Religion
 Article 21: Protection from Religious Taxation
 Article 22: Safeguard of Religious Educational Institutions
 Article 23: Right to Acquire, Hold and Dispose of Property in
Any Part of Pakistan
 Exception: Subject to restrictions in accordance with the law
and public interest.
 Article 24: Protection of Property Rights
 Article 25: Equality of Citizens
 No discrimination on the basis of age, sex, caste, creed, etc.
 Article 25-A: Right to Free and Compulsory Education
 Article 26: Access to Public Places Without any
Discrimination
 Article 27: No Discrimination in Services
 Exception where affirmative action and quotas, etc. are
needed.
 Article 28: Preservation of Language, Script and Culture
THE ENFORCEMENT MECHANISMS:

 Article 8 suo motu Action by the Supreme Court

 “The supreme Court is the ultimate Arbiter and Custodian of the
Constitution.” [PLD 2012 SC1]

 Article 184(3) Public Interest Litigation

 Public interest litigation refers to litigation undertaken to secure
public interest and demonstrate the availability of justice to
socially disadvantaged people

 Article 199 : Writ Petition

 The High Court, when it is satisfied that no other remedy is
available under the law, can make an order on the application of an
aggrieved party
FIVE WRITS UNDER ARTICLE 199
 Certiorari: an order by a higher court directing a lower court to
send the record in a given case for review.
 Habeas corpus: a demand to present a person (‘produce the
body’) before the court
 It can also be claimed under Section 491 of CrPC from the
Sessions Court.
 Mandamus: an order to perform an action.
 Prohibition: a direction to stop doing something or stop
performing an action.
 Quo warranto: a requirement for a body to show by what
authority it has exercised a certain power.
CONCLUSION
 We just examined that human rights exist as moral as well
as legal rights.
 When these rights are guaranteed under our Constitution,
they become fundamental rights, binding state institutions
to protect, provide, promote and enforce them.
 When our rights are violated, we can resort to a number of
local as well as international platforms and mechanisms to
claim them and demand their enforcement.

 “It is for you to realize these rights, now and for all time.
Human rights are your rights. Seize them. Defend Them.
Promote Them. Understand them and insist on them.
Nourish and enrich them.”