Review

Subject:

Human Rights & Citizenship

Submitted To:

Sir Haseeb Ahsan

Submitted By:

M. Usama Javaid
Roll # 5111
BS English (Tesol)
4th [Morning]
 Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is an international document

adopted by the United Nations General Assembly that enshrines the rights and freedoms of
all human beings. It was accepted by the General Assembly as Resolution 217 during its third
session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of
the United Nations at the time, 48 voted in favour, none against, eight abstained, and two did
not vote.. It sets out, for the first time, fundamental human rights to be universally protected
and it has been translated into over 500 languages. The UDHR is widely recognized as
having inspired, and paved the way for, the adoption of more than seventy human rights
treaties, applied today on a permanent basis at global and regional levels (all containing
references to it in their preambles.

1. We are All Born Free & Equal

We are all born free. We all have our own thoughts and ideas.
2. Don’t Discriminate
These rights belong to everybody, whatever our differences.
3. The Right to Life
We all have the right to life, and to live in freedom and safety.
4. No Slavery
Nobody has any right to make us a slave. We cannot make anyone our slave.
5. No Torture
Nobody has any right to hurt us or to torture us.
6. You Have Rights No Matter Where You Go
All of us have same and equal rights no matter where we are.
7. We’re All Equal before the Law
The law is the same for everyone. It must treat us all fairly.
8. Your Human Rights Are Protected by Law
We can all ask for the law to help us when we are not treated fairly.
9. No Unfair Detainment
Nobody has the right to put us in prison without good reason and keep us there, or to
send us away from our country.
10. The Right to Trial
If we are put on trial this should be in public. The people who try us should not let
anyone tell them what to do.
11. We’re Always Innocent Till Proven Guilty
Nobody should be blamed for doing something until it is proven. When people say we
did a bad thing we have the right to show it is not true.
12. The Right to Privacy
Nobody should try to harm our good name. Nobody has the right to come into our
home, open our letters, or bother us or our family without a good reason.
13. Freedom to Move
 We all have the right to go where we want in our own country and to travel as we
wish.
14. The Right to Seek a Safe Place to Live
If we are frightened of being badly treated in our own country, we all have the right to
run away to another country to be safe.
15. Right to a Nationality
We all have the right to belong to a country.
16. Marriage and Family
Every grown-up has the right to marry and have a family if they want to.
17. The Right to Your Own Things
Everyone has the right to own things or share them. Nobody should take our things.
18. Freedom of Thought
We all have the right to believe in what we want to believe, to have a religion, or to
change it if we want.
19. Freedom of Expression
We all have the right to make up our own minds, to think what we like, to say what
we think, and to share our ideas with other people.
20. The Right to Public Assembly
We all have the right to meet our friends and to work together in peace to defend our
rights. Nobody can make us join a group if we don’t want to.
21. The Right to Democracy
We all have the right to take part in the government of our country. Every grown-up
should be allowed to choose their own leaders.
22. Social Security
We all have the right to affordable housing, medicine, education, and childcare,
enough money to live on and medical help if we are ill or old.
23. Workers’ Rights
Every grown-up has the right to do a job, to a fair wage for their work, and to join
union.
24. The Right to Play
We all have the right to rest from work and to relax.
25. Food and Shelter for All
We all have the right to a good life. Mothers and children, people who are old,
unemployed or disabled, and all people have the right to be cared for.
26. The Right to Education
Education is a right. Primary school should be free. Our parents can choose what we
learn.
27. Copyright
Copyright is a special law that protects one’s own artistic creations and writings;
others cannot make copies without permission.
28. A Fair and Free World
There must be proper order so we can all enjoy rights and freedoms in our own
country and all over the world.
29. Responsibility
 We have a duty to other people, and we should protect their rights and freedoms.
30. Rights Tenure
No One Can Take Away Your Human Rights
Protection against Harassment of Women Act 2010

Harassment at workplace has been one of the major contributing factors that impede
women from joining the workforce in Pakistan. The Protection against Harassment of
Women at the Workplace Act 2010 provides legal protection to women against harassment at
the workplace, and reforms the existing legislation regarding women’s right to work in
Pakistan. This legislative review discusses the scope of the Act with regard to international
obligations of Pakistan.
Introduction:
Harassment against women at workplace is a grim reality in Pakistan, according to
several studies, including one conducted by the Alliance against Sexual Harassment
(‘AASHA’). A research study conducted in Lahore has shown that about 58 percent of nurses
and doctors are sexually harassed, usually at the hands of other doctors, nurses, attendants,
patients and visitors. In the same vein, the Inquiry Report on the Status of Women
Employment 2003, commissioned by the National Commission on the Status of Women
Employment, mentions that nearly 50 percent of the interviewed females working in the
public sector are alleged to have been subjected to sexual harassment. 
This legislative review has been divided into two parts. Part I looks into the Statement of
Purpose of the Act and delves into the rights allegedly being protected. By first highlighting
how harassment at the workplace violates an individual’s right to work, this part of the
review will investigate whether the legislation fulfills its purpose of protecting women from
workplace harassment and eventually protecting their right to work.
Review:
The aim of this legislative review is to make suggestions to the legislature and the
judiciary for better implementation and interpretation of the Act. It is argued that through this
legislation the Government of Pakistan has played its part towards eliminating harassment
against women at the workplace, but certain shortcomings in the legislation and its incorrect
application by courts have diminished its potential effectiveness.
The 2010 Act was passed in pursuance of protecting the aforementioned rights of an
individual and fulfillment of the international obligations with respect to protection of a
woman’s right to work. This legislation ostensibly complies with Article 23(1) of
UDHR. Moreover, the Act also complies with the requirements of CEDAW by giving
consideration to women through a separate legislation for them.
The definition of harassment used by the Pakistani legislature is similar to the definition
of sexual harassment provided by the CEDAW Committee, indicating the legislature’s
commitment to its international obligations. However, it should be noted that the objective of
the ILO Convention 100 has not been satisfied. While the ILO Convention 100 pertains to
equal remuneration for men and women, it is unclear as to how this convention has been
incorporated into the present legislation, which does not discuss equal pay for men and
women at all, and appears to be a form of window-dressing. Likewise, the ILO Convention
111 deals with the elimination of discrimination at employment and occupation for men and
women. It requires a broader application in terms of not only gender-based discrimination.
Analysis:
This part analyzes the provisions of the Act in a sequential order. Beginning with an
explanation of the scope and jurisdiction of the legislation, it moves on to explain how
harassment and workplace have been defined in it. Furthermore, it analyses the role of the
inquiry committee, the Ombudsman, management and employer in a workplace with respect
to elimination of harassment and implementation of the present legislation.
Conclusion:
The Protection against Harassment of Women at the Workplace Act 2010 must be
appreciated since it is the first of its kind to address harassment as a significant legal issue,
which is violative of a woman’s right to work in Pakistan. By protecting a woman’s right to
work, the Act affirms the Government’s commitment towards fulfilling its international treaty
obligations such as those under UDHR and CEDAW. Moreover, it has allowed women to
raise their voice against harassment at the workplace and has provided them an equal
opportunity to earn livelihood, which will eventually lead to greater women participation in
the workforce and the economy of the country.
Since harassment is a subjective issue and thus cannot be easily assessed or measured,
the context in which such acts take place and their intensity are important determining
factors. This places a huge responsibility on the Ombudsmen to ensure that the application of
the law is consistent with the objectives of the law and in consonance with the principles of
justice, equity and fairness. Furthermore, it should be compulsory for organizations to
conduct regular assessments with respect to incidents of harassment. Lastly, awareness-
raising campaigns need to be conducted with the help of media and non-profit organizations
so that more women are aware of their rights under the legislation and can therefore take
advantage of it.

Anti-Rape (Investigation & Trial) Ordinance, 2020

Introduction:

The Anti-Rape (Investigation & Trial) Ordinance, 2020, and Criminal law
(Amendment) Ordinance, 2020, when implemented in their true letter and spirit, will be the
game-changing legislation for dispensation of justice to all victims of sexual violence or rape.

In December 2020, Prime Minister Imran Khan’s government’s landmark bill for
protection of rights of victims and survivors of sexual violence, sexual abuse and rape and the
certainty of punishment titled the Anti-Rape (Investigation & Trial) Ordinance, 2020 was
approved by President of Pakistan Dr Arif Alvi. Also approved was an amendment in the
Pakistan Penal Code, titled Criminal law (Amendment) Ordinance, 2020.

Establishment:

There was a realisation within the government ranks that conviction rates across the
country were extremely low. Experiences of women who report rape are awfully horrific in
terms of investigation, filing of a case, and a trial that takes extremely long. The prime
minister was very concerned that steps must be taken to alter the existing laws. He instructed
the law minister and the team at the Ministry of Law and Justice that we must come up with a
law that ensures that conviction is certain, that women who report rape receive a victim-
centred treatment, that cases do not take very long, and that we have special courts that try
cases of rape and sexual violence.

Leading Features:

The new anti-rape ordinance is very different in its composition from the laws that
were passed in 2016. Two important bills were passed by the PML-N government in 2016–
the Anti-Honour Killing Laws (Criminal Amendment Bill) 2015, and the Anti-Rape Laws
(Criminal Amendment Bill) 2015. Those laws prescribed harsher sentences and a more
advanced system of delivery in terms of rape investigation, trial and prosecution. But our
anti-rape ordinance focuses on ensuring that firstly, we set up special courts for offences that
involve sexual abuse against women and children, specifically rape.

This ordinance is more victim-centred as we have introduced elements like the

provision for independent support advisers, which could be anyone from civil society–a
psychologist, a doctor, an activist, a lawyer. These advisers will assist the victim in the
process of getting justice in cases of rape and sexual violence. Lists of independent support
advisers will be maintained at the district level, and the Ministry of Law and Justice is, as we
speak, issuing a public call for volunteers to support us in this initiative.

Assistances:

The new ordinance also ensures that the trial for offences listed in the ordinance are
completed within four months, and that all appeals are completed within six months. There
will be a speedy dispensation of justice. The time limit has been decreased. The ordinance
also envisages special measures for victims of sexual violence, one of which is that the
perpetrator of the crime will not be able to directly ask the victim any question.

The anti-rape crisis cell will also have a number of responsibilities: ensuring that the
medico-legal examination is completed within six hours; an FIR is launched immediately;
and investigation begins without any delay. Things that were not happening before will
happen now because of a specially designated cell with duty bearers across various
government departments that will work together to ensure that investigation is done in a
better, more informed, and more victim-centred manner.

The Criminal Law (Amendment) Ordinance, 2020 was also promulgated with the
anti-rape ordinance to make amendments in the Pakistan Penal Code altering certain things,
including the definition of rape. It covers three things. Firstly, it has amended the definition
of rape making it broader, including explanations in certain areas in line with the best
international practices. Secondly, it introduces the punishment of chemical castration for
repeat offenders. Thirdly, it includes sentences.

The sentence for someone who commits a gang rape has increased. For rape life
means the remainder of life not 14 years. The ordinance has been amended to be more
sensitised, and to be more in line with what is happening across the globe. The previous
definition was quite restrictive; this one encompasses different scenarios of how rape can be
committed against a person