SLC22-W3 / Human Rights (DDHH)

Assalamualaikum dear brothers and sisters

Hope you all are doing well and good and enjoying the best days of your life. This is me @shahid2030 from Pakistan and you are here reading my post. You all are welcome here from the core of my heart.

Introduction to the topic

Source

This is my participation in a contest Human Rights (DDHH) organized in @anasuleidy.

Part 1

Based on what was explained in class, state in your own words and with explanations whether you believe that human rights are respected or violated in your country.

Source

Human rights mean the right you are given, because you are human being, Or it is the inborn rights of an individual. Everyone is this universe have their rights, irrespective of his/her cast, religion, color, gender, social status, etc.

Do you believe that human rights are respected or violated in your country.?

The Constitution of Pakistan guarantees all these fundamental rights of citizens, including freedom of speech, religion, gender equality and equality before the law etc. I believe non of these are fullfiled and Pakistan as a state miserably failed implementing it, especially during these past two decades,

Challenges

Freedom of speech: This is a great challenge Pakistani citizens are facing. They can't raise their voice against the culprit establishment of Pakistan, if they do so then they are kidnapped on next. Media and journalists face censorship, threats, and violence and they are dictated the establishment personals.

Women's Rights One of the prominent issue in Pakistan, especially in village and backwards areas. Limited access to education, harassment, domestic violence are the big problems they are facing. Efforts like the 2016 Punjab Protection of Women Against Violence Act aim to address these issues but it also faces resistance in implementation.

Judicial System: Access to justice is dream in Pakistan. The judicial system is in establishment hands. Judicial system of Pakistan pis hindered by corruption, delays, and lack of legal aid, especially for marginalized communities.

Child Rights: Child labor, early marriages, and lack of access to quality education are the dominant problems of Pakistan these days too.

Despite of being a country having signatory to several international human rights treaties (UDHR), Pakistan as a state is failed to implement it.

Please state, according to the laws of your country, whether Human Rights have the same value as the Constitution of your country, whether they are supra-constitutional, or whether the Constitution prevails over international treaties on Human Rights.

The Constitution of Pakistan (1973) explained the fundamental rights in Articles 8-28, which also align with many internationally recognized human rights principles. Example Equality before the law (Article 25), Protection of life and liberty (Article 9), Freedom of speech (Article 19) and Rights of minorities (Article 36) etc.

Do Human Rights Have Equal Value as the Constitution?
In theory, yes the human rights are given high status and constitutional protection, and their value is recognized in Pakistan's legal framework. However In practice, no systemic challenges often undermine their application. In Pakistan might is right, those who have the power, law and constitution is made to protect them.

Part 2

mentioned any organisation in your region that has jurisdiction over human rights. In your opinion, how useful it has been and how its operation has influenced respect for human rights in your country.

Yes Pakistan do have a specific organization for it. The National Commission for Human Rights (NCHR) is the primary organization with jurisdiction over human rights. It was Established back in 2012, under the National Commission for Human Rights Act, 2012. This is called to be the statutory body tasked with promoting and protecting human rights in the country.

This organization is given certain responsibilities, which includes; investigating human rights violations, creating awareness, advising the government on related policies, , and ensuring compliance with international human rights treaties to which Pakistan is a signatory.

To be honest these are just a piece of paper put there at judiciaries and nothing else. Real power is in someone else's hands ( establishment), and they don't even care about it. They are the dominant power, who cares about their wealth, families and businesses. They don't even mind what is happening in Pakistan.

Have you or someone close to you been a victim of human rights violations? If so, what was the situation and were you able to assert your rights?

Yes it happened to even my close family relative, my uncle. He was jailed in an false case, accused of being a drug smuggler. He was even sentenced from session court, but when we filed a case in section court we won the case and my uncle got released from the prison. He spent almost 6 years in a jail without being the accused or offender.

Part 3

Case study 1.

A woman loses her son when he dies at the hands of assailants who kill him to steal his car. The assailants are later arrested and prosecuted for the murder. He is serving the sentence provided for by law. However, the woman believes that her right to life has been violated and decides to file a complaint with the Inter-American Commission on Human Rights.

Please state whether you believe that the human rights of the victim in this case were indeed violated and whether the complaint to the aforementioned body should be admitted or not. Explain your answers.

Were the human rights of the victim violated?

The right to life is a fundamental human right, which is protected under Article 4 of the American Convention on Human Rights (ACHR). However the state will be responsible for the deprivation of the life of one of it's citizens if;

Their was a direct involvement from the state and the killing was carried out by State agents or with their complicity.

The state is failed to punish the guilt or perpetrator, and despite of knowing an imminent risk state didn't safe it.

However in this case, it seems the perpetrators were private individuals, not State agents. But ofcourse, the killing itself constitutes a violation of the victim's right to life. It only attributable to the State in case, if it failed to fulfill its due diligence obligations. If the State fulfilled its responsibilities and obligations by taking all the required steps; investigating the murder, prosecuting the assailants, and ensuring accountability, it is unlikely that the State violated the victim's right to life.

Should the complaint to the IACHR be admitted?

To be admissible, a petition to the IACHR must have certain points and must meet the following criteria:

If their is seen exhaustion of domestic remedies (e.g., undue delay or lack of access to justice).

State is showing interest in this case by following it's responsibilities or not?

The petition must be submitted within six months of the final domestic decision.

If the woman's complaint is based solely on the criminal act of private individuals, and we see the State is fulfilling its duties and obligations, the complaint would likely not meet the criterion of State responsibility. The IACHR is not a court of general justice but rather focuses on ensuring State compliance with human rights obligations.

Case study 2.

A person is arrested in the middle of an anti-government protest. He is beaten by police officers, resulting in his death. The prosecutor assigned to the case begins the investigation without being able to precisely identify the perpetrators of this murder. Several years go by and the victim's relatives turn to the prosecutor's office for an answer, and are told that the case has been closed because several years have passed without being able to identify the officers who caused the death.

Please state whether you believe that the human rights of both the victim and his/her family are being violated. Explain your answers.

Source

Yes, ofcourse in both the cases the human rights are violated; the victim and his family are being violated in this situation.

How we can see human rights violation here ?

Case 1 (Victim's Rights violation)

Right to Life (Article 3 of the Universal Declaration of Human Rights - UDHR):
The victim's right to life was violated and state is directly involved in it. The victim was beaten to death by state actors (police officers). It's the prime duty and obligation of the state to protect individuals from arbitrary deprivation of life, especially by its own agents.

Freedom of Assembly and Expression (Articles 19 and 20 of the UDHR)
The victim was using his fundamental rights to freedom of assembly and expression during the protest. His murder or arresting him is the complete violation this fundamental right of him.

Protection from Torture and Inhuman Treatment (Article 5 of the UDHR):
This is an inhuman act: the victim being beaten by police officers. It is also a gross violation of human rights.

Case 2 (Family's Rights violation)

Right to Truth and Justice:
The family must know the offender, who killed their relative. Closing the case without identifying the perpetrators denies them this right, contributing to impunity.

Right to an Effective Remedy (Article 8 of the UDHR):
The family has their due right to seek and obtain an effective remedy for the harm caused to the victim. The state’s failure to conduct it means breaching this right of the victim's family.

Freedom from Cruel and Degrading Treatment (Article 5 of the UDHR):
Delaying the case or not giving solid reasons and evidence will psychologically effect the family. They will go through psychological trauma, which can amount to degrading treatment

This is all about my blog for today, hope you guys have enjoyed reading it. See you soon with a new amazing and interesting topic, till take care.

I would like to invite: @svm038, @tommyl33, @alejos7ven, @janemorane, @rme to participate in this Contest

Your presence here means alot
Thanks for being here

Regard shahid2030