SLC22-W3 / Human Rights (DDHH)
In Pakistan human rights are violated frequently.My country Pakistan is ratified different international human rights treaties while their practical implementation is still inconsistent.In Pakistan there are major issues including enforced disappearances, extrajudicial killings and torture still existing mostly. Women and minority rights are also violated.
According to constitution of pakistan human rights are secure under different articles from which Article 8-28 are important to consider as they are related to human rights but constitution is prevailing at international treaties at human rights.It means that domestic laws are taking precedence at international obligations but human rights are not falling under supra-constitutional category.Supreme Court has been interpret constitution for upholding common rights.
Nevertheless gap between law and practice still exist and human rights disregard is still continuing as a pressing concern in Pakistan.This gap between law practice can bridge by making effective strategies for implementing and enforcing human rights.
In Pakistan National Commission for Human Rights have jurisdictions upon human rights.But NCHR is raising awareness and providing a platform for victims but when we talk about its effectiveness then it is restricted because of limitations of powers, insufficiency of resources and political interference.
NCHR organisation have a moderate impact at promotion of respect for providing human rights.They support victims, conduct fair investigations and issuing report according to what they conclude after investigating.But their recommendations are not take in consideration mostly and perpetrators also face accountability for few moments.
My experience about human rights violation is with my neighbours so I am not directly involved in this matter but I know that matter personally that's why I am sharing it here that my neighbours 5 Marla plot was illegally possessed by a second party and they are wrongly claimed that it's their property but my neighbours complained it and this issue is still pending from 1 year and is going on in high court of Pakistan.So this is a poor response of authorities due to which they are still unable to properly investigate and resolve this issue...
In this case son of a woman was murdered and perpetrators were arrested, prosecuted as well as sentenced according to law but here in this case loss of woman is not ignorable and her right for life was not violated in a direct way.
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American Convention at Human Rights which is basic Inter American Commission made for Human Rights strictly focus at enforcement for protection of right to life and it's Article number 4 but this right is implemented to individual whose life was taken in this case but not for their relatives.
Complaint of woman may be more accurately directed towards right for justice, truth and reparation according to Article 25 because she might feel that domestic legal process have not provided sufficient redress for her loss.
| Admissibility of the complaint |
|---|
IACHR would not admit complaint because it relates with right of life since life of woman was not taken in a direct way.But commission can consider complaint under other provisions which are below;
• Right for justice is explained in Article number 25 which is that,(If woman alleges that domestic legal process was not adequate and not effective)
• Right for family and it's protection of family is in Article 17,(If woman argues that state failed for protecting her life of family member.
So we can say that woman loss is tragic but her right for life was not violated in a direct way.IACHR may consider her complaint under other provisions while it will depend at other allegations and interpretation of commission of American Convention.
In this case rights of human rights for both victim and her family has been violated.
| Victim rights |
|---|
• Right to Life (According to Article number 4 American Convention at Human Rights)
Life of victim was taken and state have a responsibility for protecting right to life.
• Freedom from torture and cruel treatment (According to Article number 5 American Convention on Human Rights)
Victim was beaten by police officers that were constituting torture and cruel treatment.
| Family rights |
|---|
• Right for truth (According to Article 25 American Convention at Human Rights)
Family have right for knowing truth about situations about death of victim.
• Right for justice (According to Article 25 American Convention at Human Rights)
Family have right for seeking for that responsibilities for death of victim which held accountable.
• Right for reparation (According to Article 63 American Convention at Human Rights)
Family have right for receiving reparation for harm suffered.
| Responsibility of state |
|---|
The state has failed in;
• Adequately investigating and in not identifying perpetrators.
• Closing case without proper accountability holding.
• In providing reparations to family.