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Rights of Women in Constitution of Pakistan

                                      Reported by FRCE

            Rights of Women in Constitution of Pakistan


Fundamental
                           Any law or custom or usage having force of law inconsistent with
Rights are Supreme:
                           Fundamental Rights shall be void
Article 8
Right to Life &                  No person can be deprived of life or liberty, save in
Liberty:                          accordance with law
Articles 9, 10, 12 & 13          On arrest or detention in custody, person is to be told grounds
                                  for such action & has the right to consult and be defended by l
                                  legal practitioner of his/her choice.
                                 Arrested person is to be produced before the Magistrate
                                  within 24 hours of arrest.
                                 Any detention beyond this period without the Magistrate’s
                                  authority is illegal. (Exceptions: people taken into preventive
                                  detention. However, there is also a specified procedure for
                                  such detention.)
                                 A person cannot be punished for an act which was legally not
                                  a crime at the time of its occurrence
                                 No punishment other than that prescribed in law at the time of
                                  occurrence
                                 For one crime/offence the accused cannot be punished twice
                                 The accused cannot be forced to give witness against
                                  herself/himself

Prohibition of                   Slavery, all forms of forced labour and trafficking of human
Slavery &                         beings are prohibited
Forced Labour:                   No child under 14 can work in a factory or a mine or any
Article 11                        other                 hazardous                  employment.
                                  (Exceptions: prisoners and any duty for public service
                                  required                        by                       law.
                                  but compulsory service cannot be cruel or incompatible with
                                  human dignity)

Dignity of Man                   Guarantees privacy of home and forbids torture for the
and Privacy of                    purpose of extraction of evidence
Home: Article 14                 Police or any other state agency can enter a home only after
                                  obtaining lawful authority (in writing, naming person &
                                  purpose of entry - e.g., arrest or recovery of stolen goods)

                          Rights of Women in Constitution of Pakistan

                                      Reported by FRCE
Rights of Women in Constitution of Pakistan

                                    Reported by FRCE


Basic Freedoms:               Every citizen is free to: move, live and settle in any part of the
Articles 15, 16,               country, and also has the right to a passport and to travel
17, 18 & 19                    abroad
                              Every citizen has the right to assemble peacefully
                               (Exceptions: these can be restricted by law in the public
                               interest)
                              Every citizen has the right to: join an association/union;
                               freedom of speech and expression; freedom of the Press is
                               guaranteed
                               (Exceptions: can be restricted by law on grounds of
                               sovereignty& integrity of Pakistan, public order or morality;
                               government servant cannot be member of a political party)
                              Every citizen, subject to qualifications can enter a trade,
                               business or profession of his/her choice (Exceptions:
                               regulations of trade & commerce can be made by the
                               government)

Religious               Every citizen has the right to believe, practice and propagate their
Freedom &               religion.
Safeguards:             Every religious denomination/sect has the right to establish, maintain
Articles 20, 21 & 22    and           manage          its        religious         institutions
                        No person can be compelled to pay any special tax to be spent on the
                        propagation or maintenance of a particular religion or religious
                        institution          other          than          his/her          own
                        No person attending any educational institution can be required to
                        attend religious ceremonies, worship or receive education of a
                        religion           other          than           his/her          own.
                        No discrimination against any community in grant of tax exemption
                        or          concessions        for        religious        institutions
                        No discrimination in admission to educational institutions receiving
                        public funds on grounds of race, religion, caste or place of birth
                        (Exceptions: quota system is permissible for advancement of any
                        socially or educationally backward class of citizens)


Property Rights:              Every citizen is allowed to own, sell his/her property in any
Articles 23 & 24               part of the country
                              No person can be deprived of her/his property compulsorily.
                               If property, land is needed in public interest, then the
                               government has to give reasonable compensation to the
                       Rights of Women in Constitution of Pakistan

                                    Reported by FRCE
Rights of Women in Constitution of Pakistan

                                    Reported by FRCE

                                owner.

Guarantees of                  All citizens are equal before law and are entitled to equal
Equality & Non-                 protection of law
Discrimination:                There shall be no discrimination on the basis of sex alone
Articles 25, 26 &               (Exceptions: the state can make special provisions for the
27                              protection of women and children)
                               No discrimination on any basis in access to public places,
                                except those specifically reserved for religious purposes
                                (Exceptions: the state can make special provisions for women
                                and children)
                               no person otherwise qualified can be discriminated against in
                                the matter of employment on the basis of race, religion, caste,
                                sex,. residence or place of birth (Exceptions: specific services
                                can be reserved for members of either sex if such
                                posts/services require duties which cannot be adequately
                                performed by the members of other sex, e.g. Lady Health
                                Visitor)

Article 32              In addition to the Fundamental Rights described in the table above,
                        the Constitution also lists several ‘Principles of Policy’. The
Article 34              government is to make policies accordingly, which the government,
                        all public institutions and all government servants are expected to
Article 35              uphold. A number of the Principles of Policy specifically relate to
                        women:
Article 37(e)
                               Special representation shall be given to women in local
Article 38(a)                   government institutions (i.e., local bodies).
                               Steps shall be taken to ensure full participation of women in
Article 38(d)                   all spheres of national life.
                               The State shall protect marriage, the family, the mother and
                                the child. make sure women are not employed in vocations
                                unsuited to their sex, and that working women get maternity
                                benefits.
                               Secure well-being of the people, irrespective of sex.
                               Provide basic necessities of life, irrespective of sex




Source: http://www.sindh.gov.pk/wdd/template.asp?page=rightsPK
                       Rights of Women in Constitution of Pakistan

                                    Reported by FRCE

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Rights of women in constitution of pakistan, reported by frce

  • 1. Rights of Women in Constitution of Pakistan Reported by FRCE Rights of Women in Constitution of Pakistan Fundamental Any law or custom or usage having force of law inconsistent with Rights are Supreme: Fundamental Rights shall be void Article 8 Right to Life &  No person can be deprived of life or liberty, save in Liberty: accordance with law Articles 9, 10, 12 & 13  On arrest or detention in custody, person is to be told grounds for such action & has the right to consult and be defended by l legal practitioner of his/her choice.  Arrested person is to be produced before the Magistrate within 24 hours of arrest.  Any detention beyond this period without the Magistrate’s authority is illegal. (Exceptions: people taken into preventive detention. However, there is also a specified procedure for such detention.)  A person cannot be punished for an act which was legally not a crime at the time of its occurrence  No punishment other than that prescribed in law at the time of occurrence  For one crime/offence the accused cannot be punished twice  The accused cannot be forced to give witness against herself/himself Prohibition of  Slavery, all forms of forced labour and trafficking of human Slavery & beings are prohibited Forced Labour:  No child under 14 can work in a factory or a mine or any Article 11 other hazardous employment. (Exceptions: prisoners and any duty for public service required by law. but compulsory service cannot be cruel or incompatible with human dignity) Dignity of Man  Guarantees privacy of home and forbids torture for the and Privacy of purpose of extraction of evidence Home: Article 14  Police or any other state agency can enter a home only after obtaining lawful authority (in writing, naming person & purpose of entry - e.g., arrest or recovery of stolen goods) Rights of Women in Constitution of Pakistan Reported by FRCE
  • 2. Rights of Women in Constitution of Pakistan Reported by FRCE Basic Freedoms:  Every citizen is free to: move, live and settle in any part of the Articles 15, 16, country, and also has the right to a passport and to travel 17, 18 & 19 abroad  Every citizen has the right to assemble peacefully (Exceptions: these can be restricted by law in the public interest)  Every citizen has the right to: join an association/union; freedom of speech and expression; freedom of the Press is guaranteed (Exceptions: can be restricted by law on grounds of sovereignty& integrity of Pakistan, public order or morality; government servant cannot be member of a political party)  Every citizen, subject to qualifications can enter a trade, business or profession of his/her choice (Exceptions: regulations of trade & commerce can be made by the government) Religious Every citizen has the right to believe, practice and propagate their Freedom & religion. Safeguards: Every religious denomination/sect has the right to establish, maintain Articles 20, 21 & 22 and manage its religious institutions No person can be compelled to pay any special tax to be spent on the propagation or maintenance of a particular religion or religious institution other than his/her own No person attending any educational institution can be required to attend religious ceremonies, worship or receive education of a religion other than his/her own. No discrimination against any community in grant of tax exemption or concessions for religious institutions No discrimination in admission to educational institutions receiving public funds on grounds of race, religion, caste or place of birth (Exceptions: quota system is permissible for advancement of any socially or educationally backward class of citizens) Property Rights:  Every citizen is allowed to own, sell his/her property in any Articles 23 & 24 part of the country  No person can be deprived of her/his property compulsorily. If property, land is needed in public interest, then the government has to give reasonable compensation to the Rights of Women in Constitution of Pakistan Reported by FRCE
  • 3. Rights of Women in Constitution of Pakistan Reported by FRCE owner. Guarantees of  All citizens are equal before law and are entitled to equal Equality & Non- protection of law Discrimination:  There shall be no discrimination on the basis of sex alone Articles 25, 26 & (Exceptions: the state can make special provisions for the 27 protection of women and children)  No discrimination on any basis in access to public places, except those specifically reserved for religious purposes (Exceptions: the state can make special provisions for women and children)  no person otherwise qualified can be discriminated against in the matter of employment on the basis of race, religion, caste, sex,. residence or place of birth (Exceptions: specific services can be reserved for members of either sex if such posts/services require duties which cannot be adequately performed by the members of other sex, e.g. Lady Health Visitor) Article 32 In addition to the Fundamental Rights described in the table above, the Constitution also lists several ‘Principles of Policy’. The Article 34 government is to make policies accordingly, which the government, all public institutions and all government servants are expected to Article 35 uphold. A number of the Principles of Policy specifically relate to women: Article 37(e)  Special representation shall be given to women in local Article 38(a) government institutions (i.e., local bodies).  Steps shall be taken to ensure full participation of women in Article 38(d) all spheres of national life.  The State shall protect marriage, the family, the mother and the child. make sure women are not employed in vocations unsuited to their sex, and that working women get maternity benefits.  Secure well-being of the people, irrespective of sex.  Provide basic necessities of life, irrespective of sex Source: http://www.sindh.gov.pk/wdd/template.asp?page=rightsPK Rights of Women in Constitution of Pakistan Reported by FRCE