Assignment Of Human Rights Law

ASSIGNMENT OF HUMAN RIGHTS LAW: DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS ,PRINCIPLES OF POLICY OF CONSTITUTION OF PAKISTAN & UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948

GROUP MEMBERS: • • • •

MUHAMMAD ARSLAN (ROLL#BL-0681) GHULAM YASIN KHOSO (ROLL#BL-0658) MUHAMMAD YOUNIS (ROLL#BL-0669) MUHAMMAD SAQIB (ROLL#BL-0697)

INTRODUCTION:  The Fundamental Rights And Princples Of Policy In Constituion Of Islamic Republic Of Pakistan Is Basically Derived From Universal Declaration Of Human Rights 1948 .  Most Of The Articles Of Universal Declaration Of Human Rights Is Present In Constitution Of Pakistan .  Some Of The Articles Which Is Present In Universal Declaration Of Human Rights Are Not Present In Constitution Of Islamic Republic Of Pakistan.  Constitution Of Islamic Republic Of Pakistan Is Based On Islamic Ideology.

ARTICLES OF UNIVERSAL DECLARATION OF HUMAN RIGHTS AND FUNDAMENTAL RIGHTS , PRINCPLES OF POLICY OF ISLAMIC REPUBLIC OF PAKISTAN ARE DIFFERENTIATED BELOW:  As Pakistan Ratified The Universal Declaration Of Human Rights (UDHR) And International Covenant On Civil And Political Rights (ICCPR) Therefore Pakistan Bound To Grant All Of Those Rights And Freedoms To Its Citizens.  Approximately All Of Those Articles Are Present In Constitution Of Pakistan Except Article 11 Clause 1, Article 15, Partially Article 18, Article 23 Clause 2, Article 26 Clause 3, Article 28

ARTICLE 11 CLAUSE (1):  Right To Be Considered Innocent Until Proven Guilty.  In Some Jurisdictions, It Is Also Known As ‘Presumption Of Innocence’, Which Means That One Has The Right To Be Presumed Innocent Until Proven Guilty  Above Special Clause of Universal Declaration Of Human Rights Is Not Present Fundamental Rights And Princples Of Policy Of Constitution Of Pakistan.  In Any Case If The Burden Of Proof Is Shifting On The Accused (Who Will Presumably Be Imprisoned During His Trial) Further Makes It An Unjust Piece Of Legislation. By Obtaining Evidence Through Torture And Securing Convictions Based On It, We Will Make Pakistan Less Protected, As The Real Culprit Will Remain At Large.  In Many Blasphemy Cases The Person Is Considered Guilty Even Without The Proof Of Offence It Simply Means The Person Charged With Penal Offence Is A Guilty In Pakistan Without The Proof Of His Offence, Like In Mashal Khan Blasphemy Case.

ARTICLE 15:  Right To Nationality And Freedom To Change It. The Majority Of The Countries Are Signatory Of Such Human Right Conventions But Unfortunately, There Is No Strict Implementation Of These International Conventions And Laws.  Article 15 Of Universal Declaration Of Human Rights Is Not A Fundamental Right In Constitutution Of Pakistan That’s Why The Violation Of This Right Is Too Common. .  Section 4 Of Pakistan Citizenship Act 1951 Says Anyone Born In Pakistan After This Act Is A Pakistani Citizen (Except If The Father Is Considered An Enemy Of The State Or The Father Has Immunity From Legal Process)  Many Individuals Are Deprived From Their Right Of Nationality In Pakistan, As Many Bengalis And Afghanis Who Born In Pakistan Have Not Become The Citizen Of Pakistan.  Under Section 10 Of Citizenship Act 1951, A Married Pakistani Man Is Allowed To Obtain Pakistani Citizenship For His Foreigner Wife, But There Is No Parallel Provision For The Female Citizen Of Pakistan To Transfer Her Nationality To Her Foreigner Spouse In These Cases A Person Is Deprived From His Or Her Right To Nationality.

ARTICLE 18:  Freedom Of Thought, Conscience And Religion Including Freedom To Change His Religion Or Belief.  Article 18 The Universal Declaration Of Human Rights Has Two Parts Freedom Of Religion Which Is Present As A Fundamental Right In Constitution Of Pakistan And The Second Part Which Is Freedom To Change Religion Or Belief Which Is Not Present In A Chapter of Fundamental Rights, And Principles Of Policy Of The Constitution Of Pakistan.  This Right Is Also Present In International Covenant On Civil And Political Rights In Its Article 18, That Covenant Is Also Ratified By The Pakistan But Pakistan Has Made Several Reservation On This Article .  A Pakistani Muslim Citizen Cannot Change His Or Her Religion From Islam To Another Religion, Because In Constitutution Of Pakistan It Is Cleared That State Religion Is Islam.  In A Very Rare Cases A Person Is Allowed To Change His Or Her Religion From Islam To Another Religion If One Of His/Her Parent Belongs To Another Religion, Recently In The Case Of Behkhald, In The Record Of The Country’s Top Database Authority Nadra, Behkhald Is Registered As A Muslim. Faisal, As He Is Known In His Current Identity Documents, Was Born To A Muslim Father And A Jewish Mother In Karachi In 1987. He Was Registered As A Muslim Due To His Father’s Religion, If The Claimant Is Adult And Never Practiced Islam (As Claimed By Benkhald That He Never Practiced Islam His Whole Life Except Judaism) Then He Is Free To Adopt Any Religion Of His Choice

ARTICLE 26:  Right to education and parents have a prior right to choose the kind of education that shall be given to their children.  Article 26 of the universal declaration of human right is present as a fundamental right in the constitution of Pakistan but its part ‘’parents have a prior right to choose the kind of education that shall be given to their children’’ is not present as fundamental right in the constitutution of Pakistan.  So in Pakistan every children has right to study the course what he wants to study regardless of their parents wish.  Because Of That Many Youngsters Have Droped Their Aim And Unfortunately Indulged In Many Wrong Activities Due To Unemployment And Lack Of Jobs Lack Of Guidance ,So Parents Should Focus On The Activities ,Choice Of Their Childrens By Which They Can Get Into A Right Track Of Life.

ARTICLE 28:  Right To Social And International Order  Article 28 Of Universal Declaration Of Human Rights Is Not Present In The Fundamental Rights, And Principles Of Policy Of The Constitution Of Pakistan .  The Social And International Order That Will Be Needed For This Purpose Must Be A Just And Peaceful One. Justice Requires Equitable Economic Development And Equitable Distribution Of Its Benefits; Development Policies That Avoid Destruction Of The Environment; And International Respect For The Rule Of Law. Peace Requires Economic And Social Justice; Abolition Of Weapons Of Mass Destruction; Sharply Restricted Transfer And Use Of Conventional Weapons; Members Of Civil Society, Have An Important Role To Play In These Efforts.  Violation Of The Above Right Is Common In Pakistan, Pakistan’s Disputes With Neighboring India And Afghanistan Periodically Erupt In Violence.  The Inability Of State Institutions To Reliably Provide Peaceful Ways To Resolve Competing Interests Has Encouraged Groups To See Violence As A Legitimate Alternative. The Violent Instability Of Pakistan, The World’s Sixth-most Populous Nation, Poses A Threat To Regional And International Security.  Women, Religious Minorities, And Transgender People Faced Violent Attacks, Insecurity, And Persecution, With The Government Failing To Provide Adequate Protection And Hold Perpetrators Accountable.

CONCLUSION: There are many civil and political, economic , social and cultural rights are present in universal declaration of human rights as well as in the chapter of fundamental rights and principles of policy of the constitution of Pakistan like, Right to Life, The right to freedom from torture, The right to a fair trial, The right to freedom of assembly and association, The right to privacy etc but there violation is too common in Pakistan as well as in the neighbouring world due to the less strict implementation and monitoring of those rights by united nations and the governments of the respective countries.