⭕Question 01:

1. Are human rights respected or violated in Pakistan

Human rights situation in Pakistan is complex and controversial. Many fundamental rights have been provided to the citizens of Pakistan, such as equality, and social justice. When it comes to the practical implementation of these rights, the ground realities are quite different.

Positive aspect:

Pakistan has taken some important steps to protect human rights, including protecting women's rights laws, anti-child labor measures, and making the right to education a constitutional right. The Human Rights Commission and several other organizations are also active.

Negative aspect:

But, many problems still remain the same. Issues like as violence against women, discrimination against to minorities, and restrictions on freedom of expression are prominent.

For example::

• Women often do not have access to basic rights such as education and health in rural areas.

• Minorities are discriminated against at social and legal levels.

• Adequate wages and better working conditions are not provided to the workers

• All these cases reflect that human rights violations are a serious problem despite constitutional rights.

2. Do human rights have the same status as the constitution or is their status higher than the constitution?

Human rights have been given great importance constitutionally in Pakistan. The provisions enshrined in the Constitution guarantee that no law or policy can be contrary to human rights. However, the constitution has an advantage over international treaties.

For example::

• Under Article 8 of the Constitution, any law that violates fundamental rights can be invalidated.

• Pakistan has signed international human rights treaties, but they only come into force if Parliament approves them.

Therefore, the status of human rights in Pakistan is within the constitutional limits and they do not have supra-constitutional status. The constitution always has superiority.

Result::

Human rights laws are strong in Pakistan, but their implementation is lacking. Although the Constitution guarantees these rights, challenges remain at the practical level, and serious measures are needed to overcome them.

⭕ Question No. 2:

1. Mention an organization to protect human rights in your country. Tell us how effective he has been and how his work has affected human rights?
   There are many organizations working to protect human rights in Pakistan, but the National Commission for Human Rights (NCHR) is a luminous body. It was established in 2012 under the Human Rights for the Protection of Act. Main objective of this institution is to promote human rights, prevent their violations, and educate the public.

Role and importance of NCHR

1.Investigation and hearing of complaints:

NCHR has the power to receive and investigate complaints about human rights violations. For example, the agency has sought clarification from government many times on the issue of enforced disappearances.

2.Public Awareness:

The institute is engaged to educating the public about human rights through the seminars, workshops, and media campaigns. Special attention is for the rights of women, children, and minorities in particular.

3.Reports and recommendations:

The NCHR produces reports on human rights violations and sends recommendations to Parliament to remedy these issues.

NCHR achievements

• Effects on legislation:

The NCHR has helped to create several laws for violence against women, child protection, and minority rights. For example, the law to end domestic violence is the result of similar efforts.

• International Agreements:

This organization works closely with the human rights organizations of the United Nations and plays a role in ensuring the implementation of these agreements by Pakistan.

Challenges facing the NCHR

• Lack of resources:

The NCHR faces insufficient budget for its operations, limiting its functionality in several cases.

• Political pressure:

Sometimes political pressure is also experienced while researching human rights violations, which affects the performance of the institution.

• Implementation issues:

Laws exist, but there are difficulty to their implementation, including the slow pace of the judicial system and the lack of awareness among the public.

Effect:

The functioning of the NCHR has guide to some positive changes in respect for human rights, but issues still exist. The institution needs to be strengthened for better results.

2. Did you or someone close to you face human rights violations? If so, can you get your rights?

Human rights violations are common in Pakistan, and most people are victims of them. A close relative of mine, who is a laborer, was once the victim of this kind of violation.

Event Description:

My relative was forced to work in a factory for low wages. Their working hours were long, and their pay was below the legal limit. One day while at work he was injured, but the factory owners provided no treatment facilities for him, which was a serious human rights violation.

Struggle for Rights:

• My relative filed a complaint with the Labor Department.

• A local non-governmental organization (NGO) provided assistance in their case and gave legal guidance for action against the factory.

• After months of struggle, factory owners were forced not only to get them treated but also to pay them compensation according to the legal limit.

Results:

Although getting justice was a difficult process, it was possible. This incident shows that there are human rights laws and institutions in Pakistan, but their implementation is not possible without public struggle.

Summary:

Pakistan has institutions and laws to protect human rights, but their effectiveness requires resources, public awareness, and political commitment. The shared struggle of individuals and organizations can enable the protection of human rights, no matter how complex the process is.

⭕Question No. 3:

Case Description:

A woman's son was killed by robbers so that they could rob his car. The killers were later arrested and punished after legal action. Woman thinks her and the human rights of her son have been violated. They have decided to take the matter to the (Inter-American Commission on Human Rights) (IACHR).

Answer::

1. Did the human rights of the woman be violated and her son's?

Yes, the human rights of the woman's son as well as the woman herself have been violated in this case.

Violation of son's rights:

Right to life is a fundamental principle of human rights, because protection is one of the basic responsibilities of the state.

• The murder of a son is a serious violation of his fundamental right.

• This act of murderers has not only taken away a precious human life but also had a serious impact on the social system.

Violation of women's rights:

Many rights of women have also been violated:

• Family Right (Right to Family):

Their son was taken away from them, ending the happiness and peace of their family.

• Right to Dignity (Right to Dignity):

This incident caused the woman to suffer psychological and emotional trauma, which amounts to a violation of her dignity.

• Social Justice:

The woman may feel that the state failed to protect her family.

2. Is the woman's complaint acceptable in the IACHR?

IACHR Role Review:

The main function of the IACHR is to process complaints of human rights violations, especially when the state itself fails to ensure these rights.

Factors for Acceptance of Complaint:

1.Failure of the state:

If women could prove that the state had not taken adequate measures for public safety (eg effective policing to control crime in the area was not carried out), their complaint could be admissible.

2.Non-provision of justice:

If the woman argues that the state delayed the appropriate punishment of the perpetrators or that their family was not adequately compensated or provided with psychiatric facilities, that could also be a basis for the complaint.

3.Responsibility of the State:

Although the killers have been punished, the woman could claim that her son has not been safe because of the state's negligence.

Detailed analysis:

Aspects of State Failure:

• In different countries like Pakistan, where crime rates are very high, it is the duty of PAKISTAN to protect the people.

• If the government does not make arrangements for the prevention of crimes in public places it can be considered a failure of the state.

Review of the process of delivery of justice:

• Punishing murderers is a positive step towards justice, but it is also important to see whether financial or psychological support was provided to the victim's family.

• The woman's claim may have been that she was delayed in providing justice, a further violation of her dignity and rights.

Probability of complaint in IACHR:

• The IACHR pays more attention to cases where the state itself is directly responsible for human rights violations, or where the state's failure is evident.

• If the woman has solid evidence that the crime was committed due to the state's negligence, her complaint may fall under the jurisdiction of the IACHR.

Results:

Violation of rights:

• The killing of the woman's son is a serious human rights violation, as her right to life was violated.

• The woman has also been harmed by her emotional, psychological and family rights.

Acceptance of Complaint:

• Acceptance of a complaint depends on the extent to which a woman can prove the failure or incompetence of the state.

• If the state neglected public safety or did not provide adequate support to the victim's family, the IACHR could accept the case.

• Otherwise, if the state has met all legal requirements, the complaint is also likely to be rejected.

Final suggestion:

The woman should present concrete evidence with her complaint, indicating that the state's negligence was the main cause of the incident. What's more, they should seek the help of human rights organizations or lawyers

Case No. 2:

Description of the case

This story highlights a bitter reality of our social and legal system. A civilian, who was protesting against any government policy, was detained by the police. Not only was he beaten during detention, he suffered such severe torture that he lost his life. The investigation continued for many years, but no results were found. Eventually, the case was closed as if it had never happened. Meanwhile, the family of the deceased kept stumbling for justice, but there was no hearing anywhere.

Answer::

Violation of human rights:

Human rights have been seriously violated in this case, and it is extremely painful not only for the victim but also for his family.

1. Violation of right to life:

The constitution of Pakistan and the principles of human rights of the United Nations clearly give every human being the right to life. Here an innocent person had to lose his life, that too just because he raised his voice.

2. Violation of protection against violence:

It is the responsibility of the state to protect its citizens from all kinds of physical violence. This brutal violence by police not only violated the law but also shook the public's trust in the state.

3. Denial of justice:

The victim's family waited for justice for many years, but the justice system broke their hopes. Closing the case, without consequence, is a clear indication that the state did not fulfill its obligation.

Family Status:

We can all assess the condition of the victim's family. He was saddened by the death of his loved one, and on the other hand, the pain of not getting justice.

• Mental torture:

This accident must have caused a permanent shock for them.

• Frustration and helplessness:

After years of struggle when they were told the case had closed, their feelings would have been hurt.

• Social pressure:

Social questions and words will also increase their pain.

Legal Aspect:

Under the Constitution of Pakistan and International Human Rights Laws:

1.Protection of life:

Under Article 9, every citizen is guaranteed the right to life, which was violated in this case.

2.Freedom from violence:

Under Article 14 of the Constitution, any citizen has the right to freedom from honor and violence.

3.Right to Justice:

Suspending the investigation process and closing the case is against the basic principles of justice.

Failure of the state:

State institutions demonstrated failure at many levels:

1.Role of Police:

Irresponsible behavior of the police and abuse of power is the main reason for this case.

2.Flaws in the investigation:

Not being able to identify the accused, or not collecting evidence, is a major flaw in the investigation process.

3.Failure of judicial process:

The closure of the court's case is against the basic requirements of justice.

Recommendations:

1. For families:

• The case should be reopened and an appeal should be filed in the Supreme Court.
• Help should be sought from human rights organizations to re-raise the case.

2. For the state:

• An effective surveillance system of police personnel should be created.
• Police training should be improved to prevent such incidents in the future.
• Financial assistance and moral support should be provided to the family.

Personal opinion:

Such incidents are not just the story of one person or family, they are a manifestation of the failure of our entire social and legal system. If these matters are not taken seriously, this injustice may spread further. We should raise our voice against such cases so that this cruelty does not happen to anyone else in the future

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