The paper titled as Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: Analyses and A Way Forward written by Arshad Mahmood and was published in a Research Journal of Fata Research Center Name as TIGAH V3
Article 8 right to equality and its exceptionsHafizul Mukhlis
This document discusses the right to equality under Article 8 of the Malaysian constitution. It provides examples of how the courts have interpreted and applied Article 8 over time. The key points are:
- Article 8 guarantees equality before the law and equal protection under the law for all persons. The courts have stated this means one uniform law applies equally to all citizens regardless of status.
- There are express exceptions allowed under Article 8(5) for personal and religious laws as well as affirmative action.
- Even if a law discriminates, it may still comply with Article 8 if the discrimination is based on a reasonable and just classification as determined by the courts. Such classifications must have a rational connection to the objective of the law
Ghetnet Metiku - The african court of justice and human rightsGhetnet Metiku
The planned merger of the human rights court and the yet to be established court of justice into an African Court of Justice and Human Rights is the focus of this paper. More specifically the potential challenges of establishing such a court are explored in some detail.
Article 9 of the Malaysian Constitution guarantees citizens the freedom of movement within Malaysia. It prohibits banishment of citizens but this right is subject to limitations including laws relating to security, public order, health, and crime. The constitution does not guarantee rights to travel overseas or a right to a passport. While citizens have a right to move freely within Malaysia, the states of Sabah and Sarawak can control entry from other parts of Malaysia through immigration laws. Suspension of a driving license that limits freedom of movement is allowed under laws relating to public safety.
Ghetnet Metiku - The powers of courts in ethiopia in the interpretation and a...Ghetnet Metiku
This document discusses the powers of courts in Ethiopia to interpret and apply international human rights provisions. It provides an overview of Ethiopia's judiciary system including federal, state, municipal and religious courts. It also lists the major international human rights instruments that Ethiopia has ratified. The document discusses debates around the status of these international instruments in Ethiopia's legal hierarchy and their justiciability. It explains that courts have a duty to protect and promote human rights based on Ethiopia's constitution and ratified international agreements. However, challenges remain around the status, implementation and accessibility of the international instruments in domestic courts.
The Constitution of 1973 is the supreme law of Pakistan. It established Pakistan as an Islamic republic with a parliamentary system of government and fundamental rights. Some key elements include establishing Islam as the state religion, requiring the President and Prime Minister be Muslim, and that all laws be compliant with Islam. It introduced a federal system with a bicameral parliament and independent judiciary.
Salient feature of the constitution of 1973BushraIram2
The document summarizes the key features of Pakistan's 1973 constitution. It established Pakistan as an Islamic republic with Islam as the state religion. It introduced a parliamentary system of government with a bicameral legislature consisting of the National Assembly and Senate. It established the office of the President as the ceremonial head of state and Prime Minister as the functional head of government. It outlined fundamental rights and distributed legislative powers between the federal and provincial governments.
The document summarizes the amendments that have been made to the Constitution of Bangladesh since its inception in 1972. It describes 15 total amendments, providing details on what each amendment changed or added to the constitution. Some of the key amendments included introducing Islam as the state religion, changing to and from parliamentary to presidential systems of government, establishing provisions for caretaker governments to oversee elections, and increasing reserved parliamentary seats for women.
Article 8 right to equality and its exceptionsHafizul Mukhlis
This document discusses the right to equality under Article 8 of the Malaysian constitution. It provides examples of how the courts have interpreted and applied Article 8 over time. The key points are:
- Article 8 guarantees equality before the law and equal protection under the law for all persons. The courts have stated this means one uniform law applies equally to all citizens regardless of status.
- There are express exceptions allowed under Article 8(5) for personal and religious laws as well as affirmative action.
- Even if a law discriminates, it may still comply with Article 8 if the discrimination is based on a reasonable and just classification as determined by the courts. Such classifications must have a rational connection to the objective of the law
Ghetnet Metiku - The african court of justice and human rightsGhetnet Metiku
The planned merger of the human rights court and the yet to be established court of justice into an African Court of Justice and Human Rights is the focus of this paper. More specifically the potential challenges of establishing such a court are explored in some detail.
Article 9 of the Malaysian Constitution guarantees citizens the freedom of movement within Malaysia. It prohibits banishment of citizens but this right is subject to limitations including laws relating to security, public order, health, and crime. The constitution does not guarantee rights to travel overseas or a right to a passport. While citizens have a right to move freely within Malaysia, the states of Sabah and Sarawak can control entry from other parts of Malaysia through immigration laws. Suspension of a driving license that limits freedom of movement is allowed under laws relating to public safety.
Ghetnet Metiku - The powers of courts in ethiopia in the interpretation and a...Ghetnet Metiku
This document discusses the powers of courts in Ethiopia to interpret and apply international human rights provisions. It provides an overview of Ethiopia's judiciary system including federal, state, municipal and religious courts. It also lists the major international human rights instruments that Ethiopia has ratified. The document discusses debates around the status of these international instruments in Ethiopia's legal hierarchy and their justiciability. It explains that courts have a duty to protect and promote human rights based on Ethiopia's constitution and ratified international agreements. However, challenges remain around the status, implementation and accessibility of the international instruments in domestic courts.
The Constitution of 1973 is the supreme law of Pakistan. It established Pakistan as an Islamic republic with a parliamentary system of government and fundamental rights. Some key elements include establishing Islam as the state religion, requiring the President and Prime Minister be Muslim, and that all laws be compliant with Islam. It introduced a federal system with a bicameral parliament and independent judiciary.
Salient feature of the constitution of 1973BushraIram2
The document summarizes the key features of Pakistan's 1973 constitution. It established Pakistan as an Islamic republic with Islam as the state religion. It introduced a parliamentary system of government with a bicameral legislature consisting of the National Assembly and Senate. It established the office of the President as the ceremonial head of state and Prime Minister as the functional head of government. It outlined fundamental rights and distributed legislative powers between the federal and provincial governments.
The document summarizes the amendments that have been made to the Constitution of Bangladesh since its inception in 1972. It describes 15 total amendments, providing details on what each amendment changed or added to the constitution. Some of the key amendments included introducing Islam as the state religion, changing to and from parliamentary to presidential systems of government, establishing provisions for caretaker governments to oversee elections, and increasing reserved parliamentary seats for women.
The document discusses fundamental liberties in the Malaysian Constitution. It notes that the Federal Constitution is the supreme law of Malaysia and any laws passed after independence must be consistent with it. It then examines several articles guaranteeing rights like equality (Article 8), freedom of speech and assembly (Article 10), and freedom of religion (Article 11). It concludes that fundamental liberties set limits on government power to protect citizens from abuse and interference, and that rights of liberty in the Constitution are guaranteed, with some being absolute and some having limitations.
The document discusses the constitutional provisions for tribal empowerment in India. Key points:
- The Indian Constitution contains comprehensive protections for tribal communities, including designating them as Scheduled Tribes, establishing Scheduled and Tribal Areas with special governance rules, and affirmative action policies.
- However, the document argues that in practice tribal communities still face many issues like lack of economic development, land alienation, illiteracy, and malnutrition.
- It attributes this failure to lack of a clear tribal policy and piecemeal implementation of constitutional provisions, rather than a holistic approach focused on tribal self-governance as envisioned in the Constitution.
This document provides information about the legal concepts course taught by Tania Sultana. It defines key legal terms like law and legal system. It describes the main law making, applying, and enforcing institutions in Bangladesh like parliament, courts, and ministries. It also outlines the structure and jurisdiction of the Supreme Court appellate and high court divisions. Subordinate courts in Bangladesh include civil, criminal, and specialized courts. Tribunals established outside the regular court hierarchy include administrative, nari-o-shishu, and speedy trial tribunals.
Draft trafficking in persons (prevention, care and rehabilitation) bill 2021 ...ZahidManiyar
This document is the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill of 2021 from India. It aims to [1] prevent and counter trafficking of persons, especially women and children, [2] provide care, protection and rehabilitation for victims while respecting their rights, and [3] ensure prosecution of offenders. Key aspects include establishing a National Anti-Human Trafficking Committee to coordinate prevention efforts, designating the National Investigation Agency as the lead investigative body for trafficking cases, and setting up District Anti-Human Trafficking Committees to protect and rehabilitate victims at the local level.
- The document contains the text of the Lokpal and Lokayuktas Bill, 2013 as passed by both houses of Parliament, incorporating amendments made by Rajya Sabha.
- The bill establishes the Lokpal, an anti-corruption ombudsman organization for the Union government of India, and provides for inquiries into allegations of corruption against public servants.
- It outlines the composition, appointment process, powers, and functions of the Lokpal organization and its various wings.
This document provides an overview and summary of the Prevention of Corruption Act, 1988 in India. It discusses how the Act aims to curb corruption among public servants by defining criminal offenses and associated penalties. Key points include:
- The Act consolidated previous anti-corruption laws and expanded the definition of a "public servant." It created special courts to try corruption cases.
- Offenses under the Act include a public servant accepting bribes, obtaining pecuniary advantages through abuse of power, or possessing disproportionate assets. Penalties include minimum six month imprisonment.
- The Act also includes presumptions of guilt that shift the burden of proof to the accused public servant in some cases. Investigation of offenses can be done
This document summarizes the key ways that a person can become a Malaysian citizen according to the Constitution:
1. Citizenship can be acquired by operation of law, such as being born in Malaysia to Malaysian parents.
2. Citizenship can also be obtained through registration, such as a woman marrying a Malaysian citizen.
3. A person over age 21 can apply for naturalization if they have lived in Malaysia for a period of time and intend to reside permanently.
4. When new territories join Malaysia, Parliament will determine citizenship for residents of those areas.
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
This document provides an overview of legal aid in Bangladesh. It discusses how the Bangladeshi constitution and various laws, such as the Bangladesh Legal Aid Act of 2000, aim to ensure equality before the law and access to justice for all citizens. However, many people cannot afford legal services due to poverty. The legal aid system was established to provide legal representation and assistance to poor and vulnerable groups. At the national level, legal aid is administered by the National Legal Aid Organization and Board. At local levels, District, Upazila, and Union Legal Aid Committees help implement legal aid services. The document examines how legal aid aims to fulfill Bangladesh's obligations under international human rights laws and conventions.
Article 6 prohibitions of slavery and forced labourHafizul Mukhlis
This document discusses slavery, forced labor, and freedom under international law and Malaysian constitutional law. It provides definitions of a slave, forced laborer, and free man based on lack of liberty and payment. International treaties prohibiting slavery and forced labor are outlined. Article 6 of the Malaysian constitution is examined, which absolutely prohibits slavery and allows only limited exceptions to the prohibition of forced labor, such as compulsory military service or imprisonment. A Malaysian court case is summarized that found employees must be given proper notice and a choice of employer to prevent forced labor that would violate constitutional rights.
Fundamental rights are essential human rights guaranteed to all citizens of India regardless of attributes like caste, religion or gender. These rights include equality before the law, freedom of speech and expression, freedom to assemble peacefully and form associations. The constitution obligates the government and all authorities in India to respect these rights. Some key doctrines related to fundamental rights are severability, eclipse and waiver. Severability deals with separating the valid and invalid parts of a law. Eclipse refers to pre-constitutional laws becoming inoperative due to inconsistency with fundamental rights. Waiver means fundamental rights cannot be relinquished by any person.
The document discusses various articles in the Indian constitution related to freedom of religion and other fundamental rights. It summarizes key points about the right to freedom of religion under Article 25, the right of religious denominations to manage religious affairs under Article 26, freedom from paying taxes for any particular religion under Article 27, and the prohibition of religious instructions in educational institutions receiving state funds under Article 28. It also discusses related cases and reasonable restrictions that can be imposed on these rights in the interests of public order, morality, health and other provisions of the constitution.
This document provides an overview of the Malaysian parliamentary system. It discusses the structure of the legislature including the Senate and House of Representatives. It outlines their powers and roles, such as the House of Representatives having more direct control over legislation. The legislative process and resolving conflicts between the two houses is also summarized. Parliamentary privileges that allow each house to govern itself and punish contempt are mentioned. Examples of relevant court cases are also briefly noted.
The document discusses women's rights as outlined in the 1973 constitution of Pakistan. It outlines several articles that guarantee equal treatment and protection of women under the law, including non-discrimination based on sex (Articles 25, 26, 27), promotion of local governments that encourage women's participation (Article 32), full participation of women in all aspects of national life (Article 34), protection of the family and motherhood (Article 35), and provisions for women's employment and maternity benefits (Article 37). It also discusses reserved seats for women in the National Assembly and Provincial Assemblies (Articles 51, 106).
The document discusses various aspects of Fundamental Rights as outlined in Part III of the Indian Constitution. It provides an overview of the key rights such as Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-31), and Right to Constitutional Remedies (Articles 32-35). It also discusses the salient features, exceptions, and interpretations of these fundamental rights by the Supreme Court of India.
This document discusses establishing an Islamic political and economic system called Khilafah in Pakistan. It argues that Pakistan was founded with the objective of establishing an Islamic system of governance, but it has failed to do so and instead maintained the British colonial system. It proposes completely overhauling the system through a popular movement to establish Khilafah. Key aspects of the proposed Khilafah system include: pledging absolute sovereignty to Allah, negating mixed nationality in politics, electing a Caliph via public vote, reorganizing provinces, and establishing an interest-free economic system. The movement aims to fulfill Pakistan's original purpose by implementing real Islamic rule.
OBJECTIVE
The objective of this webinar is to provide an understanding of a few more constitutional provisions related to Fundamental Rights. This webinar is the fourth of the Constitution Webinar Series. In this webinar, we will elaborately discuss the Freedom of speech and expression along with the sacrosanct Right to Life and Personal Liberty along with the Right against Exploitation.
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladeshinventionjournals
This document discusses legal aid in Bangladesh and its importance in ensuring access to justice and human rights. It makes three key points:
1) Legal aid is defined as assistance given to poor or vulnerable people to enable them to access legal services and pursue litigation. It is intended to ensure equality before the law and access to justice for all citizens.
2) The Bangladeshi constitution and various laws, including the Legal Aid Services Act of 2000, establish legal aid and access to justice as fundamental rights. The National Legal Aid Services Organization was created to coordinate legal aid services nationwide.
3) Legal aid is necessary to uphold principles of natural justice and ensure access to justice for all citizens regardless of their economic status. It aims
Women right and women protection bill in pakistanKati Kokab
This document discusses women's rights in Pakistan. It begins by outlining the constitutional protections for women's equality and non-discrimination. However, it notes that in practice women's rights are often violated through discriminatory laws like the Hudood Ordinances, harmful customs like honor killings, and various forms of violence. It also discusses the poor state of women's health, education, and political participation. Some positive developments are noted, like more women entering the workforce and political system. The document examines various commissions established to address women's issues, but notes their recommendations have often been ignored. It argues more must be done to ensure women's rights are upheld in Pakistan.
The document is a report analyzing child labor in Pakistan. It begins by acknowledging those who helped with the report. The abstract states that child labor is common in Pakistan due to families' poor economic conditions and lack of education. It notes that on average, families of working children have 8 members.
The report then covers causes of child labor such as poverty, lack of education, urbanization, unemployment, orphans, and willingness to exploit children. It provides statistics on provincial child labor rates. Common industries for child labor are listed. Myths and facts about global child labor statistics are presented. The effects of child labor and policy approaches to address it are discussed. Solutions proposed include awareness campaigns, education access, and enforcing child labor
The document discusses fundamental liberties in the Malaysian Constitution. It notes that the Federal Constitution is the supreme law of Malaysia and any laws passed after independence must be consistent with it. It then examines several articles guaranteeing rights like equality (Article 8), freedom of speech and assembly (Article 10), and freedom of religion (Article 11). It concludes that fundamental liberties set limits on government power to protect citizens from abuse and interference, and that rights of liberty in the Constitution are guaranteed, with some being absolute and some having limitations.
The document discusses the constitutional provisions for tribal empowerment in India. Key points:
- The Indian Constitution contains comprehensive protections for tribal communities, including designating them as Scheduled Tribes, establishing Scheduled and Tribal Areas with special governance rules, and affirmative action policies.
- However, the document argues that in practice tribal communities still face many issues like lack of economic development, land alienation, illiteracy, and malnutrition.
- It attributes this failure to lack of a clear tribal policy and piecemeal implementation of constitutional provisions, rather than a holistic approach focused on tribal self-governance as envisioned in the Constitution.
This document provides information about the legal concepts course taught by Tania Sultana. It defines key legal terms like law and legal system. It describes the main law making, applying, and enforcing institutions in Bangladesh like parliament, courts, and ministries. It also outlines the structure and jurisdiction of the Supreme Court appellate and high court divisions. Subordinate courts in Bangladesh include civil, criminal, and specialized courts. Tribunals established outside the regular court hierarchy include administrative, nari-o-shishu, and speedy trial tribunals.
Draft trafficking in persons (prevention, care and rehabilitation) bill 2021 ...ZahidManiyar
This document is the Trafficking in Persons (Prevention, Care and Rehabilitation) Bill of 2021 from India. It aims to [1] prevent and counter trafficking of persons, especially women and children, [2] provide care, protection and rehabilitation for victims while respecting their rights, and [3] ensure prosecution of offenders. Key aspects include establishing a National Anti-Human Trafficking Committee to coordinate prevention efforts, designating the National Investigation Agency as the lead investigative body for trafficking cases, and setting up District Anti-Human Trafficking Committees to protect and rehabilitate victims at the local level.
- The document contains the text of the Lokpal and Lokayuktas Bill, 2013 as passed by both houses of Parliament, incorporating amendments made by Rajya Sabha.
- The bill establishes the Lokpal, an anti-corruption ombudsman organization for the Union government of India, and provides for inquiries into allegations of corruption against public servants.
- It outlines the composition, appointment process, powers, and functions of the Lokpal organization and its various wings.
This document provides an overview and summary of the Prevention of Corruption Act, 1988 in India. It discusses how the Act aims to curb corruption among public servants by defining criminal offenses and associated penalties. Key points include:
- The Act consolidated previous anti-corruption laws and expanded the definition of a "public servant." It created special courts to try corruption cases.
- Offenses under the Act include a public servant accepting bribes, obtaining pecuniary advantages through abuse of power, or possessing disproportionate assets. Penalties include minimum six month imprisonment.
- The Act also includes presumptions of guilt that shift the burden of proof to the accused public servant in some cases. Investigation of offenses can be done
This document summarizes the key ways that a person can become a Malaysian citizen according to the Constitution:
1. Citizenship can be acquired by operation of law, such as being born in Malaysia to Malaysian parents.
2. Citizenship can also be obtained through registration, such as a woman marrying a Malaysian citizen.
3. A person over age 21 can apply for naturalization if they have lived in Malaysia for a period of time and intend to reside permanently.
4. When new territories join Malaysia, Parliament will determine citizenship for residents of those areas.
Legal Aid In Bangladesh: Application And Commitmentinventionjournals
This document provides an overview of legal aid in Bangladesh. It discusses how the Bangladeshi constitution and various laws, such as the Bangladesh Legal Aid Act of 2000, aim to ensure equality before the law and access to justice for all citizens. However, many people cannot afford legal services due to poverty. The legal aid system was established to provide legal representation and assistance to poor and vulnerable groups. At the national level, legal aid is administered by the National Legal Aid Organization and Board. At local levels, District, Upazila, and Union Legal Aid Committees help implement legal aid services. The document examines how legal aid aims to fulfill Bangladesh's obligations under international human rights laws and conventions.
Article 6 prohibitions of slavery and forced labourHafizul Mukhlis
This document discusses slavery, forced labor, and freedom under international law and Malaysian constitutional law. It provides definitions of a slave, forced laborer, and free man based on lack of liberty and payment. International treaties prohibiting slavery and forced labor are outlined. Article 6 of the Malaysian constitution is examined, which absolutely prohibits slavery and allows only limited exceptions to the prohibition of forced labor, such as compulsory military service or imprisonment. A Malaysian court case is summarized that found employees must be given proper notice and a choice of employer to prevent forced labor that would violate constitutional rights.
Fundamental rights are essential human rights guaranteed to all citizens of India regardless of attributes like caste, religion or gender. These rights include equality before the law, freedom of speech and expression, freedom to assemble peacefully and form associations. The constitution obligates the government and all authorities in India to respect these rights. Some key doctrines related to fundamental rights are severability, eclipse and waiver. Severability deals with separating the valid and invalid parts of a law. Eclipse refers to pre-constitutional laws becoming inoperative due to inconsistency with fundamental rights. Waiver means fundamental rights cannot be relinquished by any person.
The document discusses various articles in the Indian constitution related to freedom of religion and other fundamental rights. It summarizes key points about the right to freedom of religion under Article 25, the right of religious denominations to manage religious affairs under Article 26, freedom from paying taxes for any particular religion under Article 27, and the prohibition of religious instructions in educational institutions receiving state funds under Article 28. It also discusses related cases and reasonable restrictions that can be imposed on these rights in the interests of public order, morality, health and other provisions of the constitution.
This document provides an overview of the Malaysian parliamentary system. It discusses the structure of the legislature including the Senate and House of Representatives. It outlines their powers and roles, such as the House of Representatives having more direct control over legislation. The legislative process and resolving conflicts between the two houses is also summarized. Parliamentary privileges that allow each house to govern itself and punish contempt are mentioned. Examples of relevant court cases are also briefly noted.
The document discusses women's rights as outlined in the 1973 constitution of Pakistan. It outlines several articles that guarantee equal treatment and protection of women under the law, including non-discrimination based on sex (Articles 25, 26, 27), promotion of local governments that encourage women's participation (Article 32), full participation of women in all aspects of national life (Article 34), protection of the family and motherhood (Article 35), and provisions for women's employment and maternity benefits (Article 37). It also discusses reserved seats for women in the National Assembly and Provincial Assemblies (Articles 51, 106).
The document discusses various aspects of Fundamental Rights as outlined in Part III of the Indian Constitution. It provides an overview of the key rights such as Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-31), and Right to Constitutional Remedies (Articles 32-35). It also discusses the salient features, exceptions, and interpretations of these fundamental rights by the Supreme Court of India.
This document discusses establishing an Islamic political and economic system called Khilafah in Pakistan. It argues that Pakistan was founded with the objective of establishing an Islamic system of governance, but it has failed to do so and instead maintained the British colonial system. It proposes completely overhauling the system through a popular movement to establish Khilafah. Key aspects of the proposed Khilafah system include: pledging absolute sovereignty to Allah, negating mixed nationality in politics, electing a Caliph via public vote, reorganizing provinces, and establishing an interest-free economic system. The movement aims to fulfill Pakistan's original purpose by implementing real Islamic rule.
OBJECTIVE
The objective of this webinar is to provide an understanding of a few more constitutional provisions related to Fundamental Rights. This webinar is the fourth of the Constitution Webinar Series. In this webinar, we will elaborately discuss the Freedom of speech and expression along with the sacrosanct Right to Life and Personal Liberty along with the Right against Exploitation.
Legal Aid: A Process to Ensure Access to Justice and Human Rights in Bangladeshinventionjournals
This document discusses legal aid in Bangladesh and its importance in ensuring access to justice and human rights. It makes three key points:
1) Legal aid is defined as assistance given to poor or vulnerable people to enable them to access legal services and pursue litigation. It is intended to ensure equality before the law and access to justice for all citizens.
2) The Bangladeshi constitution and various laws, including the Legal Aid Services Act of 2000, establish legal aid and access to justice as fundamental rights. The National Legal Aid Services Organization was created to coordinate legal aid services nationwide.
3) Legal aid is necessary to uphold principles of natural justice and ensure access to justice for all citizens regardless of their economic status. It aims
Women right and women protection bill in pakistanKati Kokab
This document discusses women's rights in Pakistan. It begins by outlining the constitutional protections for women's equality and non-discrimination. However, it notes that in practice women's rights are often violated through discriminatory laws like the Hudood Ordinances, harmful customs like honor killings, and various forms of violence. It also discusses the poor state of women's health, education, and political participation. Some positive developments are noted, like more women entering the workforce and political system. The document examines various commissions established to address women's issues, but notes their recommendations have often been ignored. It argues more must be done to ensure women's rights are upheld in Pakistan.
The document is a report analyzing child labor in Pakistan. It begins by acknowledging those who helped with the report. The abstract states that child labor is common in Pakistan due to families' poor economic conditions and lack of education. It notes that on average, families of working children have 8 members.
The report then covers causes of child labor such as poverty, lack of education, urbanization, unemployment, orphans, and willingness to exploit children. It provides statistics on provincial child labor rates. Common industries for child labor are listed. Myths and facts about global child labor statistics are presented. The effects of child labor and policy approaches to address it are discussed. Solutions proposed include awareness campaigns, education access, and enforcing child labor
The girl child faces discrimination in many parts of the world. She is often viewed as inferior to the male child and receives less access to education, healthcare, and other resources. Gender-based discrimination against girls manifests in various harmful forms such as sex-selective abortion, neglect, and lack of opportunities. While laws and policies have promoted greater equality, cultural attitudes still undermine female children in some societies. Overcoming deep-rooted discrimination requires ongoing efforts to change mindsets and ensure girls can realize their full potential.
This document discusses initiatives to promote gender equality and women's empowerment in Pakistan. It notes that while the Pakistani constitution ensures equal rights, women's participation in development and the economy remains below potential due to social and cultural barriers. The government has established a 10% employment quota for women in public and private sectors, though currently only 5% of such jobs are held by women, most in health, education, and social services. The vision is for Pakistan to become a country where women enjoy equal rights and decision-making authority as men. The aim is to promote women's social, economic, and political empowerment at all levels through steps that respect Islamic teachings and the constitution.
The document discusses the United Nations Convention on the Rights of the Child which outlines the basic human rights that all children are entitled to. It summarizes 10 key articles that address children's rights to protection from discrimination, access to healthcare, education, family life, protection from abuse and exploitation, and the right to an environment that allows for their development. The concluding paragraphs note that many children still face issues like malnutrition, neglect, child labor, and abuse, and calls readers to learn about children's rights and help protect them.
Honor killings refer to the practice in some Middle Eastern and South Asian cultures where a male family member murders a female relative due to a perceived dishonor to the family. In Pakistan, hundreds of women are killed each year in honor killings, often for actions such as choosing their own husband or seeking a divorce. Police and courts often side with the male relatives and do not prosecute the murders. International organizations are urging Pakistan to strengthen laws protecting women and prosecuting honor killings.
Women in Pakistan have constitutional protections for equality and non-discrimination according to the 1973 Constitution. However, women still face significant challenges, including domestic violence. In 2013, Pakistan passed the Domestic Violence Prevention and Protection Bill to define and punish domestic violence. Prior laws were also amended, such as removing rape from the Hudood Ordinances and trying it as a criminal offense. Additionally, the National Commission on the Status of Women was established in 2000 to promote women's rights and development. Nonetheless, crimes targeting women like honor killings, acid attacks, and abductions still occur.
The document provides an overview of labour law. It discusses how labour law mediates the relationship between workers, employers, unions and governments. It outlines key topics covered by labour law including working hours and conditions, leaves and holidays, children's employment, disputes, and equal employment practices. The document also gives a brief history of labour law and discusses international labour law and organizations like the ILO and WTO. It concludes by describing Pakistan's constitution in relation to labour rights and key labour laws and legislations in Pakistan.
The document summarizes the key aspects of fundamental rights as outlined in the Indian constitution. It discusses that fundamental rights are incorporated in Part III of the constitution from Articles 12-35. It also describes the six categories of fundamental rights - right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and right to constitutional remedies. Additionally, it provides details on the composition and functions of the National Human Rights Commission of India.
The document summarizes the key features of Pakistan's 1973 constitution. It establishes Pakistan as an Islamic republic with Islam as the state religion. Some key points:
1. It introduced a parliamentary democracy with a prime minister as head of government and a ceremonial president as head of state.
2. It established a federal system with powers shared between the central and provincial governments.
3. It enshrined fundamental rights for citizens and established an independent judiciary.
4. The constitution has been amended 21 times to update various articles and provisions.
The document discusses the objectives behind establishing human rights commissions in India. It notes that the Indian constitution included universal human rights when it was drafted. The Protection of Human Rights Act of 1993 then established State Human Rights Commissions to inquire into violations of rights covered in the state and concurrent lists, with the Karnataka commission being established in 2005. State commissions have functions like intervening in legal proceedings involving rights violations, visiting detention centers, and researching and inquiring into violations committed by public servants.
The document discusses the Constitution of Pakistan from 1973. It establishes Pakistan as an Islamic republic based on principles of the Quran and Sunnah. The constitution provides for fundamental rights, a parliamentary democracy, and an independent judiciary. It introduced a federal system with power shared between provincial and central governments. However, the constitution has faced instability with multiple amendments and suspensions over the years.
The Constitution of India is the Supreme Law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any sovereign country in the world, containing 448 [2] articles in 22 parts, 12 schedules and 118 amendments. Besides the English version, there is an official Hindi translation. Dr B.R. Ambedkar is widely regarded as the father of the Indian Constitution.
The document provides an overview of Pakistani law and its sources. It discusses how Pakistani law is based on British common law and was influenced by the incorporation of Islamic Sharia law. The main sources of law in Pakistan include the constitution, statutes, common law, and Islamic legal sources like the Quran and Sunnah. The document also summarizes the Constitution of Pakistan from 1956 and 1973, outlining their key features. Finally, it discusses the corporate law situation in Pakistan, noting that companies are currently governed by the Companies Ordinance of 1984, which aims to protect investors and promote economic development.
Impact and its Aftermath of 18th Amend..pptx4rf5v8w8fb
The document discusses the changes brought about by the 18th Amendment to the Pakistani constitution regarding federalism. It analyzes the consequences of removing the Concurrent Legislative List and transferring several areas like criminal law, civil law, and arbitration to provincial control. This has shifted powers away from the central government towards the provinces, but without putting in place strong checks and balances. It questions whether this has moved Pakistan towards a more confederal system or abolished central powers without proper safeguards. The document also examines the role of the Council of Common Interests in overseeing certain matters between the federal and provincial governments.
PROPOSAL TO AMEND THE PROHIBITION OF CHILD MARRIAGE ACT-2006 AND OTHER ALLIED...GK Dutta
This document is a report by the Law Commission of India on proposing amendments to the Prohibition of Child Marriage Act, 2006 and other related laws. It provides background on a writ petition filed before the Supreme Court regarding contradictions in the definition of a child and minimum age of marriage in different laws. The report is divided into six chapters that examine the key features of the 2006 Act, data on child marriage practices and their consequences, relevant international laws, legislative history of child marriage laws in India, and recommendations for amendments to prohibit child marriages below 18 and make certain marriages voidable. It aims to suggest legal changes to better protect children from the practice of child marriage.
FATA Governance Reforms: Issues and Way Forward (CGPA Policy Brief, October 2...fatanews
Urdu version available at: http://www.slideshare.net/fatanews/fata-governance-reforms-issues-and-way-forward-urdu-cgpa-policy-brief-october-2014 --- CGPA policy brief for Pakistan lawmakers to inform debate on legal and political reform for the Federally Administered Tribal Areas (FATA). A timely report when the Senate considers a constitution amendment bill and MNA discussions are underway.
Environmental laws and rules regulations in punjab (draft)Nazakat Hussain
This document provides an overview of environmental laws and governance in Punjab, Pakistan. It discusses the legislative jurisdiction and hierarchy of legal instruments at the federal and provincial levels. For natural resources like land, forests, fisheries, wildlife, and water, the legislative authority primarily lies with the provincial assemblies, with some exceptions for federal control over issues like mining, ports, and international treaties. The roles of the executive, judiciary, and case law in environmental governance are also examined.
Laws affecting the rights of women in paksociology92
The document discusses the laws affecting the rights of women in Pakistan, specifically focusing on the Hudood Ordinances from 1979. It outlines several issues with the Hudood Ordinances, noting they have led to injustice against women in many cases and are inconsistent with Islamic principles in some respects. A committee was formed to review the laws and recommended unanimously that the Hudood Ordinances should be repealed due to the numerous defects and injustices they contained.
constitution 1973 Islamic republic of Pakistan(2017) pptMalikSayriii
The document summarizes the key aspects of Pakistan's Constitution of 1973, including its origins, salient features, amendments, and provisions related to Islam. It originated after Pakistan gained independence and underwent various interim constitutions until the current 1973 version was unanimously passed. Some key elements include its federal parliamentary system, fundamental rights protections, establishment of an independent judiciary, and the declaration of Islam as the state religion. It has undergone over 20 amendments since its enactment.
FATA still longs for constitutional rightsKhan Zeb
1. The author calls for abolishing the century-old British Frontier Crime Regulation law that governs Pakistan's Federally Administered Tribal Areas and deprives residents of constitutional rights.
2. While recent amendments have allowed bail and appeals, exempted women and children from arrest, and described this as a first step, the law still violates human rights and needs further reform.
3. The tribal people are demanding full constitutional rights and abolition of the colonial law, as amendments have not met their demands for equal treatment under Pakistan's constitution.
The document discusses children's rights in the Indian Constitution. It explains that children are right holders and the State has obligations to ensure children's rights are realized. The Constitution contains both Fundamental Rights that apply to all citizens including children, as well as special provisions for children. It protects children's rights to equality, life, freedom, dignity, and prohibits their exploitation. The document outlines rights for children in areas like education, health, and protection from abuse and highlights how these rights have been further strengthened through laws and policies.
The document summarizes Pakistan's constitutional evolution from 1858 to 2010. It traces the introduction of early constitutional instruments under British rule through independence and the various martial laws that disrupted democracy. Pakistan had its first constitution in 1956, followed by other constitutions in 1962 and 1973 (the current constitution), both of which were abrogated by martial laws. The 1973 constitution established a parliamentary system, but was amended after intermittent martial laws and a military intervention in 1999. Key aspects of the 1973 constitution regarding fundamental rights, the preamble, principles of policy, and independence of the judiciary are also briefly outlined.
This document provides an overview of the Constitution of India including:
- It was adopted on November 26, 1949 and came into effect on January 26, 1950.
- It has 470 articles grouped into 25 parts and 12 schedules.
- The drafting committee was led by Dr. B.R. Ambedkar and included members from various legal and political backgrounds.
- It drew influence from several other constitutions while being tailored to India's needs.
- Parts I-IV cover the union, citizens, fundamental rights and directive principles respectively.
Legal Aid Services in Criminal Justice System.pptxHabibZafar7
National Legal Service Authority has introduced Legal Aid Defense Counsel System mostly all over Districts in India. This presentation represents the need for having this system and impact it can have on defense mechanism.
Actions in Aid of Civil Power: Analysis and Recommendations (February 2013)fatanews
Recommendations on Pakistan's Actions in Aid of Civil Power Regulation 2011 as made by Amnesty International and the International Crisis Group (ICG). Read the full text of the actual regulation at: http://www.slideshare.net/fatanews/fata-actions-in-aid-of-civil-power-2011-0627-june
The document provides information on key aspects of the Constitution of India:
- It is the longest constitution in the world, originally with 395 articles and now with over 400 after amendments.
- It draws from various other constitutions around the world, combining the best features of federal, unitary, parliamentary and presidential systems.
- Key features include fundamental rights, directive principles, an independent judiciary with power of judicial review, adult suffrage, and emergency provisions.
- It establishes India as a sovereign, socialist, secular, democratic republic with goals of justice, liberty, equality and fraternity.
Similar to Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: Analyses and A Way Forward (20)
Women's initiative of learning & leadership.Salman
The 2013 elections marked an increase in women’s participation in mainstream
politics in Pakistan. Not only did more women compete in the elections than ever
before, the 2013 election results saw a record 214 women elected to national and
provincial assemblies. However, although all the main parties have women’s wings,
men still dominate the leadership ranks, and many experienced women were denied
the chance to contest directly for seats in parliament. Of the new women entrants
in 2013, only 16 were elected in general seats; the rest entered parliament through
reserved slots. As a result, this new numerical strength has not translated into women
having decision-making influence or serving in key government positions.
Integrating Pakistan’s Tribal Areas into the National PictureSalman
The paper titled as Integrating Pakistan’s Tribal Areas into the National Picture written by Laiq ur Rehman & Waqas Idrees and was published in a Research Journal of Fata Research Center Name as TIGAH V3
Political development in federally administered tribalSalman
The paper titled as Political Development in Federally Administered Tribal Areas (FATA): A step to Minimizing and Radicalization written by Umar Sajjad and was published in Research Journal of Fata Research Center Name as TIGAH Volume 3
The research paper was written by Haroon Rashid a known figure titlled as Will politicians take politics to the Tribal region and published in a Research Journal of Fata Research Center Volume 2.
Fata political regime changing legal administrative status of tribal areasSalman
The document discusses the benefits of meditation for reducing stress and anxiety. Regular meditation practice can help calm the mind and body by lowering heart rate and blood pressure. Studies have shown that meditating for just 10-20 minutes per day can have significant positive impacts on both mental and physical health over time.
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
हिंदी वर्णमाला पीपीटी, hindi alphabet PPT presentation, hindi varnamala PPT, Hindi Varnamala pdf, हिंदी स्वर, हिंदी व्यंजन, sikhiye hindi varnmala, dr. mulla adam ali, hindi language and literature, hindi alphabet with drawing, hindi alphabet pdf, hindi varnamala for childrens, hindi language, hindi varnamala practice for kids, https://www.drmullaadamali.com
Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan: Analyses and A Way Forward
1. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
Child Rights in the Federally Administered Tribal Areas
(FATA) of Pakistan: Analyses and A Way Forward
Arshad Mahmood
*
Abstract
Pakistan is signatory to a lot of international human rights law
and the International Law Conventions, There are
many constitutional provisions and national laws in Pakistan
which deals with women and children rights , however they are
not ideal and the situation is dismal when it comes to the
inhabitants of the Federally Administered Tribal Areas (FATA).
This paper will review the state of child rights in FATA in light of
Pakistan’s national and international obligations related to child
rights and will make recommendations for improving the situation.
Introduction
Pakistan is party to the United Nations Convention on the
Elimination of Racial Discrimination (CERD), Convention on the
Elimination of all forms of Discrimination against Women
(CEDAW), Convention on the Rights of the Child (CRC),
International Covenant on Economic, Social and Cultural Rights
(ICESCR), the International Covenant on Civil and Political
Rights (ICCPR) and Convention against Torture (CAT). Pakistan
is also party to the Optional Protocol to the UNCRC on the Sale of
Children, Child Prostitution and Child Pornography and to the
core ILO Conventions 100, 138, 182 and 111. Pakistan is also a
signatory to the Optional Protocol to the Convention on the Rights
of the Child on the Involvement of Children in Armed Conflict.
Similarly, there are also some relevant constitutional provisions
i.e. Article 10-A about right to a free trial, Article 11 of the
Constitution about child labor, Article 25(3) about legislation
*
Arshad Mahmood is a child rights activist and holds a Masters in
Human Rights from the London School of Economics (LSE)
136
2. Tigah
related to women and children, Article 25-A about right to free
and compulsory education for children from five to sixteen years
to name a few. As a result of the above national and international
obligations some national laws have also been introduced in the
past two decades i.e. the Employment of Children Act 1991, the
Bonded Labor System Abolition Act 1992, the Juvenile Justice
System Ordinance 2000 and the Right to free and Compulsory
Education Acts of 2012 for the Islamabad Capital Territory and
Sindh. Despite integration of the above mentioned instruments of
the international human rights law and the ILO Conventions, the
Constitutional provisions and national laws in Pakistan are not
ideal and the situation is even more miserable for the people fo
FATA.
The UN Committee on the Rights of the Child and the United
Nations Universal Periodic Review (UPR)
In its second periodic report to the UN Committee on the
Rights of the Child Pakistan shared that “Till the year 2000, no
national legislation was uniformly applicable to children in
conflict with the law. Children, like adults, were subject to the
Pakistan Penal Code and the Criminal Procedure Code, which
were applicable in the provinces, but not in parts of Pakistan
known as the Federally Administered Tribal Areas (FATA)”1.
In 2008, during the Universal Periodic Review of Pakistan,
Canada had recommended Pakistan to “implement international
human rights obligations within Federally Administered Tribal
Areas and refrain from detention that contravenes international
standards of due process” (the UPR Pakistan Outcome Document:
paragraph 23).2
In 2009, the Committee on the Rights of the Child in its
concluding observations and recommendations against the
consolidated third and fourth periodic report by Pakistan showed
serious concerns over the non-implementation of the Juvenile
Justice System Ordinance (JJSO) 2000 in the FATA. Here, the
Frontier Crimes Regulation of 1901 is in force, which does not
137
3. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
take into account child rights and the Committee strongly
recommended that Pakistan should repeal the FCR.
Relevant Constitutional Provisions
Under article 247 (2) of the Constitution, FATA comes under
the control of the President of Pakistan who has the power to
extend laws in the area3. Article 1 of the Constitution of Pakistan,
1973, describes FATA as a part of Pakistan and Article 247
describes the manner in which the area is to be administered.
“Under Article 247 (3), no Act of Parliament is applicable to
FATA or any part thereof unless the President of Pakistan so
directs. The Governor of Khyber Pakhtunkhwa [KP] acts as the
‘agent’ to the President of Pakistan”4 and under Article 247 (7),
the tribal areas are excluded from the jurisdiction of the Supreme
Court of Pakistan and the High Court of [KP] until Parliament
makes law in this regard.
Under Article 199 (14) and 184 (3) and (5), the High Courts
and the Supreme Court can ensure the enforcement of fundamental
human rights. In view of the fact, however, that FATA is excluded
from the Courts’ jurisdiction under Article 247, the enforcement of
fundamental rights cannot be foreseen.5 Under the Article 2-A and
175 of the Constitution, an independent judiciary has to be
established, but there is no court in FATA lest an independent one
(Mahmood 2004)6. Not a single human rights provision in the
Constitution can be possibly applied to FATA due to its particular
status as per the Constitution of Pakistan.
Frontier Crimes Regulation (FCR)
The FCR is a special and substantive law which prescribes
trial procedure for offences and civil disputes. It also defines
certain offences and describes punishments for those offences.7
From the preamble of the amended version, now the FCR is meant
to maintain peace, law and order and good governance in FATA
whereas according to the old version, the FCR aimed to suppress
crime in FATA.
138
4. Tigah
The FCR “basically explains the relationship between the state
and the tribes on the one hand through an indirect form of
governance; and on the other lays down procedure for dealing with
inter-tribal matters”8.
The British devised the FCR as an instrument of subjugation.
It was meant to discipline the Pashtun population and to establish
the writ of the colonial authority. In drafting the regulation, the
British relied upon some customs and traditions prevailing in the
tribal belt, but these traditions were distorted to suit the
government’s plan of securing convictions at will.9
Article 247(7) of the Constitution debars the Supreme Court,
or a High Court, from exercising their jurisdiction in respect of
FATA. Interestingly, Article 2-A and 175 of the Constitution
provide for an independent judiciary; however, there has been
none in case of FATA. Provisions of the FCR are in violation of
several articles of the Constitution including Article 4 (right of
individual to be dealt with in accordance with the law), Article 9
(security of persons), Article 10 (safeguards as to arrest and
detention), Article 13 (protection against double jeopardy, selfincrimination), Article 14 (inviolability of dignity of man,
prohibition of torture for extracting evidence), Article 24
(protection of property rights), and Article 25 (equality of
citizens).10
In 2005, two committees were constituted on the FCR; The
Senate’s Standing Committee on Human Rights had constituted a
sub-committee on the FCR comprising of Senator Farhatullah
Baber, Senator Hamidullah and Senator Dr. Saad. In August 2005,
the sub-committee submitted a final report along with
recommendations to the main committee in which amendments
were proposed in the FCR.11 The report of the subcommittee has
not been yet made public.
The Governor of Khyber Pakhtunkhwa constituted a review
committee under the chairmanship of a former Supreme Court
139
5. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
Judge, Mian Mohammad Ajmal. The Committee proposed many
changes, including the powers of the political agents and the
division of judicial powers between the Jirga and the FATA
Tribunal that may function on the pattern of Sessions Courts. After
the submission of a report in 2006, no steps have been taken to
implement it. This report has not been made public as well.
On March 29, 2008, the then Prime Minister Yousaf Raza
Gilani in his inaugural speech in the National Assembly had
promised to repeal the Frontier Crimes Regulation (FCR) 1901.
Following this, in March-April 2008, a committee was constituted
under the then law minister Farook Naek. The committee
eventually made recommendations for changes in the law. The
Committee’s recommendations were finally accepted and signed
in August 2011.12
On August 14, 2009, the President of Pakistan announced to
repeal the Frontier Crimes Regulations (FCR) and declared it a
draconian law that deprived women, children and other innocent
people of their rights and privileges guaranteed to them through
the Constitution of Pakistan.
In 2009, under the chairmanship of Senator Raza Rabani, a
Parliamentary Committee on the Constitutional Reform was
constituted. The Committee in consultation with all parties
proposed changes in the Constitution which were passed by the
National Assembly and the Senate in April 201013. Surprisingly
however, the long awaited 18th Constitutional Amendment adopted
on April 15, 2010, was silent about changes in the relevant
Articles of the Constitution i.e. Article 247(2) under which the
Federally Administrated Tribal Areas (FATA) come under the
control of the President of Pakistan. Civil society had expected
that the Article would be amended and steps be proposed to bring
FATA into mainstream.
As if FCR was not enough, the President introduced the
Action (in Aid Civil Powers) Regulations 2011. Under the Action
(in Aid of Civil Power) Regulation 2011, introduced in FATA,
140
6. Tigah
even death could be awarded, which was not the case under the
FCR14.
On August 12, 2011, the President of Pakistan signed the
Frontier Crimes (Amendment) Regulations 2011 which to some
extent addressed a grave violation of child rights taking place in
the shape of the collective responsibility Clause no. 21 in the
FATA region. The amendment stated, ‘children below 16 years of
age cannot be arrested or detained’ under Clause 21. Secondly, if a
child is sentenced by the political agent, that sentence can be
challenged in the judicial commission proposed to be made under
the amended regulations. Under the JJSO however, which was
extended to FATA in 2004, and in CRC, a child is defined as a
person below 18 years of age.The amendment in FCR will hardly
ensure that the judicial commission will be impartial. Besides, the
judicial commission should never be the final remedy in the
process of justice; High Courts and Supreme Court must have
been brought into the ambit of justice for children and adults in
FATA.
Arrest of women and children under the collective
responsibility clause
It was 2004, during Women Ward of Central Prison Haripur visit
that I came to know about twenty one members of a fugitive’s
family including fifteen minors. None of them had committed any
offence. The only wrong that they had done was to belong to a
person who was accused of an offence and declared absconder. So
these innocent people were put behind bars under the collective
reasonability clause 21 of the Frontier Crimes Regulation (FCR)
1901. Among those arrested was also a two years old child,
Zarmina. I realized that previously no one knew about women and
children being dragged into the criminal justice system wanting of
their any fault.
It was a painful and onerous task to make the government realize
that under the guise of draconian law (FCR) children and women
are suffering in jails without committing any offence. I requested a
141
7. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
journalist from the News-Line Magazine for joining me to meet
with 21 members of the said family convicted under Section 40 of
the FCR. That journalist wrote a detailed article15 in his Magazine
on the helplessness and plight of women and children.Even then
the government denied accepting that children were convicted and
argued that the children were kept under the protective custody to
shield them from any offence done against them from the people
of Lakki Marwat whom the fugitive had allegedly enraged.
FATA Reforms
The so called changes in the FCR were made after a century
when the FCR had totally devastated social, economic, and
judicial fabric of communities in FATA and had allowed foreign
elements to exploit their land for making nurseries of suicide
bombers mainly exploiting children. Looking at the will of
successive governments it seems that another amendment in the
FCR will not be possible in near future and it is not very sure that
law will be brought in consonance with the Constitution and
international provisions. The changes made so far are not meeting
the minimum human and child rights standards enshrined in the
Constitution, the UNCRC and the Universal Declaration on
Human Rights (UDHR).
The last parliament lost a great opportunity of bringing FATA
into mainstream by ignoring this important task in the historic
18thConstitutional Amendment. When the parliamentary
committee was established for framing 18thconstitutional
amendment, FATA reforms were part of its terms of reference and
there was also representation from FATA in the parliament.
Surprisingly, there was no amendment in the 18thConstitutional
Amendment Act 2010 related to FATA. Article 1, 246 and 247 of
the Constitution are still intact and FATA has the same status as it
ever had.
In response to the growing demand for reforms in FATA, in
August 2011, the President introduced the Frontier Crimes
(Amendment) Regulation 2011 and extended Political Parties
142
8. Tigah
Order 2002 to FATA. The nation was informed that major changes
have been made in FCR and now children below 16, women and
elderly will not be arrested under the collective responsibility
clause of the FCR; there will be a right to appeal against the
judgments of the political agents.
While going through the Frontier Crimes (Amendment)
Regulation 2011 one comes to the conclusion that there is no
major change in the FCR and even this regulation was introduced
to divert attention from the Actions (in Aid of Civil Power)
Regulation 2011introduced earlier same year with more stringent
and inhuman sentences and procedures in complete violation of
the fundamental rights enshrined in the constitution and the
international human rights laws. Human rights activists consider it
stringent than FCR as it has also introduced death sentence which
was not a part of the FCR.
The long standing demand of extending the jurisdiction of
superior judiciary to FATA has been ignored once again and the
collective responsibility clause is still very much a part of the
FCR. National laws will be still required to be extended to FATA
by the President and no legislation is automatically applicable to
FATA unless extended by the President. This implies that the
women of FATA will remain deprived of the Women Protection
(Criminal Laws Amendment) Act 2011 unless it is extended to
FATA by the President.
Most of the political commentators and civil society
representatives term the reforms inadequate as in the presence of
the Article 247 of the Constitution the people of FATA are still not
the full citizens of Pakistan. Article 1 needs to be amended in
order to give FATA the status of a full federating unit by declaring
it a part of Khyber Pakhtunkhwa or giving it the status of a
separate province in accordance with the right to self
determination of the people of FATA.
Article 1 of the Constitution of Pakistan, 1973, describes
FATA as a part of Pakistan and Article 247 describes the manner
143
9. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
in which the area is to be administered. “Under Article 247 (3), no
act of Parliament is applicable to FATA or any part thereof unless
the President of Pakistan so directs. The Governor of [KP] acts as
the ‘agent’ to the President of Pakistan” but under Article 247 (7),
the tribal areas are excluded from the jurisdiction of the Supreme
Court of Pakistan and the High Court of [KP] until Parliament
makes law in this regard however, the parliament is not fully
authorized to do so.
Under Article 199 (14) and 184 (3) & (5), the High Courts and
the Supreme Court can ensure the enforcement of fundamental
human rights. In view of the fact, however, that FATA is excluded
from the Courts’ jurisdiction under Article 247(7), the
enforcement of fundamental rights cannot be foreseen. Under the
Article 2-A and 175 of the Constitution, an independent judiciary
has to be established, but there is no court in FATA what to talk of
an independent one. Not a single human rights provision in the
Constitution is possible to be applied to FATA.
With the above analyses one can safely come to the
conclusion that the FATA reforms in their present shape are a
gimmick or rhetoric and cannot bring any lasting changes in the
lives of the people of FATA and is going to play no role in
bringing them into mainstream and upholding their human
rights.This is unfortunate that despite repeated commitments, the
previous government and the parliament lost an important
opportunity to bring FATA into mainstream and ensure the people
of FATA their rights in light of the Constitution of Pakistan and
our international commitments being party to various human rights
instruments.
Juvenile Justice in FATA
It was not only Haripur Central Prison that had held children
and women under the collective responsibility clause but there
were hundreds of children being arrested and sentenced under the
same. Serious violations of the national and international laws
144
10. Tigah
were made and atrocities being committed by the officials under
the FCR.
Children’s Right to Health in FATA
The infant, children less than five years of age, and maternal
mortality rates in FATA are high which reveals that no focus was
made on child survival. The Expanded Program of Immunization
(EPI), the Lady Health Workers Program, and the Mother and
Child Health Program are not being used effectively and
efficiently to respond to the situation of mother and child health in
FATA. The recent measles outbreak in various parts of FATA
further exposed the weak routine immunization system in the
region.
Children’s Right to Education in FATA
The literacy rate in FATA is 17.42 percent with only 3 percent
for females. There are 5,579 regular, community, and mosque
schools out of which 4,880 are functional. The teacher to student
ratio is 1:28 for boys and 1:31 for girls. The drop-out rate at the
primary level is 63 percent for boys and 77 percent for girls; while
at the secondary level 53 percent for boys and 58 percent for girls.
The above figures clearly depict the poor status of education
and particularly girls’ education. Following the 18th Constitutional
Amendment in 2010, the focus of the government, civil society,
media and donors increased considerably and advocacy for right to
education for children from 5 to 16 years of age resulted in
enactment of the Right to Free and Compulsory Education Act
2012 for the Islamabad Capital Territory and the Sindh Right to
Free and Compulsory Education Act 2013. Similarly, the
provincial governments in the rest of the three provinces were also
working on the Right to Free and Compulsory Education Bills.
However, there is no focus towards FATA despite such dismal
situation of education in this region.
145
11. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
Children’s Right to Protection from Exploitative and
Hazardous Child Labor in FATA
Although no survey has been conducted in FATA to come up
with an authentic figure about the number of children involved in
labor in FATA, qualitative research on child labor is common in
both formal and informal sectors. Despite the extension of the
Employment of Children Act 1991 and the Bonded Labor System
Abolition Act 1992, no practical steps could be taken to protect
children from exploitative and hazardous labor. Child labor is
common in shops and establishments, factories including the
marble industry, mining, and smuggling.
Children’s Right to Justice in FATA
Despite the extension of the Juvenile Justice System
Ordinance (JJSO) 2000 to FATA in 2004, not a single juvenile has
been reported to enjoy procedural rights given in the JJSO which
includes release on bail and probation, trial by the Juvenile Courts,
free legal aid, and rehabilitation through Borstal Institutions etc.
Unfortunately, over the last thirteen years, no system has been
placed for the implementation of the JJSO.
Recommendations
•
•
The President, the government and above all the newly
elected parliament should look into the FATA reforms
issue in light of the demands of the people of FATA and
Pakistan’s international obligations and should recommit
themselves to bringing genuine reforms in accordance
with the wishes of the people of the FATA.
Amendments shall be made in Article 1, 246 and 247 of
the Constitution not only to bring FATA into mainstream
but also to ensure protection of the fundamental rights of
the people of FATA including children.
146
12. Tigah
•
•
•
•
•
•
•
•
•
All relevant laws of the country shall be applicable to
FATA without any condition of extension by the
president.
The Parliament shall be empowered to legislate for FATA.
Article 247 of the Constitution should be amended and
powers should be given to the Parliament to make laws for
the people of FATA as well. The Parliament can then
immediately remove unlawful and unconstitutional
provisions of the FCR.
The jurisdiction of the Supreme Court, Parliament and
High Courts should be extended to the FATA by
amending Article 247 of the Constitution.
Judiciary should be separated from the administration
within FATA so that the trials of juveniles and others may
take place under the provisions of the JJSO and other
human rights standards.
The FCR should either be replaced or amended to be
brought in line with the Constitution and international
norms of justice, including the safeguards for fundamental
human rights.
Efforts should be made for child survival in FATA in light
of Pakistan’s obligations under the Millennium
Development Goals (MDGs) related to children and
women.
Budgetary allocation should be made for the Expanded
Program of Immunization (EPI), the Lady Health Workers
Program and the Mother and Child Health Programs to
effectively respond to the situation of mother and child
health in FATA.
The Right to Free and Compulsory Education Regulations
should be immediately introduced for FATA in light of
Article 25-A of the Constitution about Right to Education
for Children from 5 to 16 years of age.
Special focus should be made to ensure girls their right to
education including increase in the number of girls’
schools, female teachers and incentives for girls’
enrolment.
147
13. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
•
•
•
•
Child labor related laws such as the Employment of
Children Act 1991 and the Bonded Labor System
Abolition Act 1992 and its 1995 rules should be
implemented in FATA.
Labor Department should be established in FATA not
only to protect children from exploitative and hazardous
labor but also to ensure the implementation of labor laws
in general including the minimum wage laws.
All laws of Pakistan should be extended to FATA,
including the Khyber Pakhtunkhwa Child Protection and
Welfare Act 2010 and the Khyber Pakhtunkhwa Borstal
Institutions Act 2012.
Probation and parole system shall be introduced in FATA
in light of the related laws and the JJSO 2000 and
Probation and Parole Officer should be appointed in each
Agency of FATA.
Conclusion
The role of the federal government in maintaining a minimum
living standard in FATA is seen as a serious concern by the civil
society. . Who will ensure that children living in this region have
the same rights? Child protection and welfare legislation has been
introduced in Khyber Pakhtunkhwa but there is none in
Balochistan, FATA or even the Islamabad Capital Territory. There
is no body at the helm of affairs at the federal level, with a
statutory status to work for the promotion and protection of child
rights and raise such issues and concerns with the provinces and
regions. A National Commission on the Rights of Children
(NCRC) Bill is in the pipeline for the last three years without any
progress though.
The recent amendments in the FCR 1901 will not make any
difference in the lives of children of FATA until the law is
abolished, Article 247 of the Constitution is amended and powers
are given to the parliament to make laws for the people of FATA
and the right to appeal in the High Court Peshawar and Supreme
148
14. Tigah
Court of Pakistan is given to the people of FATA. The amended
version is not different from the old version of the draconian law;
still powers are centered into one office of the PA and APA. The
FATA Tribunal replacement of the FCR Tribunal is not an
independent body that could deliver justice to children.
References
1
2
3
4
5
6
7
8
9
10
UN Committee on the Rights of the Child (CRC), UN Committee on
the Rights of the Child: Second Periodic Reports of States Parties
Due in 1997, Pakistan, 11 April 2003, CRC/C/65/Add.21, available
at: http://www.unhcr.org/refworld/docid/45377e700.html [accessed
8 December 2011]
Official Documents System of the United Nations: Last retrieved on
11 December at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/
G08/141/27/PDF/G0814127.pdf?OpenElement
Pakistani Organization; ‘Constitution of Pakistan’; last retrieved on
4th June 2011 at http://www.pakistani.org/pakistan/constitution/
part12.ch3.html
‘FATA: The dark region of Pakistan’ (2006) published with Asian
Indigenous & Tribal Peoples Network. Accessed at
http://www.aitpn.org/IRQ/vol-II/Issue-02/issue06.htm
Faqir Hussain, “Testing FCR on the Touchstone of the
Constitution”, paper presented at the FCR consultation organized by
the Human Rights Commission of Pakistan (HRCP), Islamabad, 4-5
October 2004: Last retrieved on February 2011 atwww.hrcpweb.org/pdf/FCR%20Report.pdf
Mahmood, A (2004), Juvenile Justice. In the State of Pakistan's
Children 2004; SPARC, Islamabad
Faqir Hussain, “Testing FCR on the Touchstone of the
Constitution”, paper presented at the FCR consultation organized by
the Human Rights Commission of Pakistan (HRCP), Islamabad, 4-5
October 2004: Last retrieved on February 2011 at www.hrcpweb.org/pdf/FCR%20Report.pdf
Ismail Khan (2008), Implication of repealing FCR at
http://www.dawn.com/2008/03/30/top4.htm
Amir Mohammad Khan, Justice Denied, Newsline (Monthly),
December 2004
Ibid.
149
15. Child Rights in the Federally Administered Tribal Areas (FATA) of Pakistan:
Analyses and A Way Forward
11
12
13
14
15
Daily Times (2005), ‘Senate body finalises amendments to FCR’.
Accessed at www.dailytimes.com.pk/default.asp?page=story_28-82005_pg7_16
The President of Islamic Republic of Pakistan (2011), ‘Political
activities allowed in Tribal Areas, FCR reformed’: Last retrieved on
2nd December 2011 at
www.presidentofpakistan.gov.pk/
index.php?lang=en&opc=3&sel=3&id=549
Wikipedia, ‘Eighteenth Amendment to the Constitution of Pakistan’:
Last retrieved on December 10, 2011 at http://en.wikipedia.org/
wiki/Eighteenth_Amendment_to_the_Constitution_of_Pakistan
Daily Dawn (2011), ‘FATA Children suffering due to militancy,
says governor’ December 23
Amir Mohammad Khan, Justice Denied, Newsline (Monthly),
December 2004.
150