Human rights are something which we frequently hear about, discuss, and have probably read a great deal on as well. Most political and social discussions revolve around the issue of human rights, especially with regard to international law. Often we hear highly emotive speeches on heinous violations of human rights in various parts of the world and the consequent silence of international law.
Perhaps, as old as recorded human history, certain fundamental human rights recognized to be inherent and integral to all human beings have always been at the pinnacle of societal values. A prime example of this is the right to life, as mankind would most likely have ceased to exist if this was not given utmost respect and importance. Along with this right came an entire package of corresponding procedure in case of a violation. Islam has traditionally bestowed a lot of these rights upon its followers. Islam has also made a solid contribution towards the evolution and jurisprudence of human rights.
The Universal Declaration of Human Rights 1948 (UDHR) is the nucleus of all Human Rights legal instruments from which other human rights treaties and texts derive their language. The UDHR is not a treaty per se; it is actually a resolution passed by the United Nations General Assembly in 1948. It was deemed to be so important for the protection of civil rights and liberties that it did not need to be voted upon. The UDHR also serves as a benchmark from which the standards of human rights are measured.
By passing the Universal Declaration of Human Rights 1948, the United Nations unequivocally reaffirmed their purpose as an organization which was established not only to prevent war, but also to ensure that human rights were recognized, enforced and duly regarded all over the world.
The UN has further established treaties for the promotion and protection of human rights such as, International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights. The ICCPR and ICESCR concern the right of self-determination and are considered to be powerful rights especially in case of Kashmir. The UDHR, however, is a more comprehensive text concerning human rights and plays a vital role in the determination of these rights.
The Constitution of Pakistan 1973 (“Constitution of 1973”) lays greater emphasis on this area and Articles 8-28 have specifically been drafted in line with the UDHR. Since the promulgation of the Constitution of 1973, millions of litigants have benefited and their basic rights were protected accordingly.