Feminism And The Practical Vs Legal State Of Women In Pakistan

Saleha Tauqeer

ABSTRACT: Women in Pakistan have a disadvantaged position in the society. Whether one considers familial and interpersonal relationships, the participation and representation of women in the public sphere, women’s access to education and employment opportunities or the extent to which they are protected from violent crimes such as rape, domestic violence, or harassment etc., it would seem that the state of women in Pakistan is deplorable. Attempts to empower women are resisted by religious and cultural interpretations of women’s role and position in society, as well as misinterpretations of religious principles and misogynistic attitudes towards women. Furthermore, feminism is perceived as a western concept that will break down
the religious and moral fabric of the society and is often confused with misandry. Lack of knowledge of feminism and misunderstandings about the concept have resulted in a lot of opposition towards any local feminist movements and the ideas that feminists attempt to promote.
Therefore, this essay attempts to briefly explain the three waves of feminism and the various rights that these movements have focused on. It then examines the state of women’s rights in Pakistan, including the right to vote, the right to political representation and the right to use birth control. It explores the restrictions on women’s access to education and employment as well as the roles that are attributed to women by society and the way they contribute to the exploitation of women. The essay further focuses on the issue of violence against women and the intersectional dimension of women’s lives. The essay also focuses on the ways that women in Pakistan can be empowered and identifies changes in legislation and societal attitudes as well as proper administration of justice as viable solutions to improving women’s condition in Pakistan.

Military Courts: An Affront To Human Rights

Seemal Hameed

ABSTRACT: The Peshawar School Attack tragedy saw in its wake the establishment of military courts, which allow for the prosecution of civilians accused of terrorism offences. However, what was initially intended to be a short-term solution, four years ago, is still in existence today. Presently, the PTI government is again making efforts to extend the military courts for a period of another two years. This article sheds light upon how these courts deal a severe blow to the integrity of our criminal justice system which also exercises jurisdiction over offences for terrorism. Additionally, concerns have also been raised with regards to Pakistan’s obligations under a multiplicity of International Conventions.

The Impact Of Devolution On Legislative Reform Relating To Law And Order In Pakistan

Jamal Aziz | Minahil Khan

ABSTRACT: In April 2010, the 18th Amendment to the Constitution of Pakistan was passed whereby the Concurrent Legislative List was abolished and with a few additions to the Federal Legislative List, all remaining areas were devolved to the Provinces. This paper looks at the impact of the devolution of powers with regards to legislative reform for law and order in Pakistan. In doing so, it highlights the background to the 18th
Amendment especially in terms of Pakistan’s commitment towards the law and order situation, the constitutional framework that underpins the 18th Amendment and also the different judicial mechanisms available to reconcile Federal and Provincial legislation relating to law and order.

Failure Of R2P In Syria: Dual Dilemma Of “Invitation-Intervention” And “Responsibility-Interest”

Awais Zahid Abbasi

ABSTRACT: After eight years of crises and 11 vetoes in the UNSC, the world community has so far failed not only to find a peaceful solution to end the conflict but also to protect the civil population of Syria from mass atrocities. Rather than finding a solution to this crisis, cold-war rivals; United States and Post-Soviet Russia, have made Syria as their “Power-projection ground” by pulling-in other developing neighboring states to the conflict. On one side, some are invited into the conflict by the host state and on the other side, some are intervening on the grounds of “Responsibility to Protect (R2P)”. This ongoing situation has raised serious questions on the principles of R2P and has identified numerous loopholes that allow powerful states to manipulate the principles in their favor. This manipulation in result creates the dual-dilemma of ‘Invitation-Intervention’ and ‘Responsibility-Interest’ leading to the failure of R2P.

Taking Non-Refoulement Seriously: Why The Extraterritoriality Of Article 33(1) Of The Refugee Convention Needs To Be Addressed

Fatima Mehmood

ABSTRACT: This article critically analyses the uncertainty surrounding the extraterritorial application of the non-refoulement obligation as incorporated in Article 33(1) of the Refugee Convention 1951. In doing so, it engages in a comparative critique between the restrictive interpretation afforded to the provision by the United States Supreme Court and the liberal reading of the text by the European Court of Human Rights. The polarised interpretations adopted by these adjudicative bodies highlight the ambiguity in the text of Article 33(1) and consequently, its susceptibility to arbitrariness and abuse. Therefore, this article proposes an incremental reform in two phases, beginning with reforming the text of Article 33(1) itself to bring it into line with the liberal reading of the text as it stands. In the second phase, the establishment of an independent international Judicial Commission is concerned, tasked with ensuring convergence in the interpretation of the revised text of Article 33(1).

Upholding The International Rule Of Law

Hira Arif Riar

ABSTRACT: The Higher Judiciary in Pakistan, has occasionally referred to international law treaties and instruments when resolving issues that have some relevance with international law. These references were predominantly drawn from private international law as in majority of these cases, the international law of arbitration was referred to and discussed. Related concepts like sales of goods, international letter of credit were the most leaned upon areas of international law but this was predominantly what we referred to as the ‘private international law basket’. Seldom, references from public international law domain were also discussed but the only area that attracted attention from public international law was the law of human rights; in-fact one notices frequent references to the United Nations Human Rights Declaration (UNDHR), International Covenant of Civil and Political Rights (ICCPR) and other HR instruments when the courts were seized on matters relating to the interpretations of fundamental rights provided under all the Constitutions of Pakistan including the 1973 Constitution. However, recently the Superior Courts have shown more interest in other areas of international law such as the ‘use of force’, interpretation of the UN Charter, particularly in light of the implementation of Chapter VII, the law of conflict and some UNSC resolutions. This article examines and maps the recent and novel trend of the judiciary’s reliance upon principles of public international law; in-fact their judgments cover large swaths of the legal landscape from intellectual property law to environmental law to international trade law.