Human Rights Law: International and National Perspectives

Lahore Grammar School, 22 March 2002 By Jawad Hassan, Supreme High Court of Pakistan
Associate, Hassan & Hassan (Advocates) Visiting Lecturer, Punjab University Law College, Kinnaird College, LUMS and NIPA

PAAF Building, 7 D, Kashmir/Egerton Road, Lahore Tel: 6360800-3 Fax: 6360811-2, Mobile: 0300-8454485 E-mail: jawadh1@wol.net.pk Classification of Human Rights 1. First Generation Rights Red Rights Civil and Political Rights (1940s) A. International Universal Declaration of Human Rights, Dec. 10, 1948 International Covenant on Civil and Political Rights, 1966 Convention on the Elimination of All Forms of Discrimination against Women, 1979 International Convention on the Elimination of All Forms of Racial Discrimination, 1965 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 Rome Statute of the International Criminal Court, adopted July 7, 1998 Geneva Conventions of 1949 European Convention for the Protection of Human Rights and Fundamental Freedom, 1950 Universal Declaration Article 3 Everyone has the right to life, liberty and security of person. Civil and Political Rights Covenant Article 6.1 Every human being has the inherent right to life. This right shall be protected by law Article 9.1 Everyone has the right to liberty and security of person

Protected by the UNCHR, Council of Europe (E Commission on HR and E Courts of HR) , ICTFY, ICTR, ICC
B. National Constitution of the Islamic Republic of Pakistan, 1973 Articles 8-25 Article 9 No person shall be deprived of life or liberty save in accordance with law Article 14 The dignity of man and, subject to law, the privacy of home, shall be inviolable Article 19 Every citizen shall have the right to freedom of speech and expression Article 18 Freedom of trade, business or profession Article 25 Equality of citizens Dissolution of Muslim Marriages Act, 1939 Muslim Family Laws Ordinance, 1961

Protected by the High and Supreme Courts under Articles 199 and 184
Further Reading Jawad Hassan, Environmental Rights in a Human Right Context, Punjab University Law Journal, Vol. LV, 1998 also reprinted in the Comparative Law Journal, Lahore High Court Bar Association, January 2001 Jawad Hassan, The Current International Criminal Tribunals, Punjab University Law Journal, Vol. LIII, 1997 also reprinted in Pakistan Law Journal, Magazine page 234, September 2001 Jawad Hassan, Memorandum on the Trials of Afghani POWs in Cuba by the U.S. 2. Second Generation Rights Blue rights Social and Economics Rights (1960s) A. International Universal Declaration of Human Rights, adopted Dec. 10, 1948 International Covenant on Economic, Social and Cultural Rights, adopted Dec. 16, 1966 European Social Charter, 1961

B. National Constitution of the Islamic Republic of Pakistan, 1973 Articles 29-40 Principles of Policy 3. Third Generation Rights Green Rights Environment Rights (1970s) A. International UNs Stockholm Conference, World Charter for Nature, Rio Declaration (UNECD)/Earth Summit, Agenda 2, Earth Charter, 1985 Vienna Convention on the Protection of the Ozone Layer , 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, 1992 UN Framework Convention on Climate Change, Koyoto Protocol, 1971 Convention on Wetlands of International Importance, 1972 Convention on Protection of the World Cultural and Natural Heritage, 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, 1979 Convention on the Conservation of Migratory Species of Wild Animals, 1992 Convention on Biological Diversity etc.

Protected by the UNEP, IUCN etc. and the ICJ

B. National Constitution of Pakistan, 1973 Article 9, 14 and 142 Pakistan Environmental Protection Act, 1997 (PEPA)

Protected by the Environmental Tribunals under Section 21 of the PEPA

Further Reading: Nicholas Robinson and Jawad Hassan, Comparative Environmental Law & Regulation, Chapter on Pakistani Environmental Law, Oceana Publications, New York, USA, 1997 Jawad Hassan, Country National Report, Asia Pacific Journal for Environmental Law, Issue , Volume 6 (2001) Jawad Hassan, Environmental Laws of Pakistan, Pakistan Law Journal, Magazine page 198, August 2001 Jawad Hassan, Pakistan Environmental Protection Act, 1997 A New Hope for Environmental Protection, Environmental News, FPCCIs Magazine, March 1998 Pakistani Environmental Law, Global Environmental Law Annual Journal, Netherlands Jawad Hassan, Environmental Law, Middle East Commercial Law Review, Sweet & Maxwell Publication, United Kingdom, April 1995 Vol 1 Issue 2 4. Fourth Generation Rights - Yellow Rights Reproductive Rights (1990s) A. International Vienna Declaration and Programme of Action, World Conference on Human Rights, Vienna, Austria, 1993 Beijing Declaration and the Platform for Action, Fourth World Conference on Women, Beijing, China, 1995 As stated in Paragraph 7.3 of the 1994 United Nations International Conference on Population and Development (ICPD): These rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. It also includes their right to make decisions concerning reproduction free of discrimination, coercion and violence, as expressed in human rights documents. These rights deals in the following issues: Unsafe abortion, Contraception, Adolescent, Female feticide, Maternal mortality, Forced marriages

B. National Draft of the Family Planning and Reproductive Health Law