International Human Rights Safeguards and Standards
international
Pakistan ratified the Convention on the Rights of Persons with Disabilities in 2011. It stipulates that the rights of persons with disabilities are to be fully protected and respected. It defines a person with disabilities as:
“Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.”
Article 3 of the Convention is significant as it lays down the protections available to all persons with disabilities, the content of which is provided below:
| ARTICLE 3 – CRPD |
| Respect for inherent dignity, individual autonomy including the freedom to make one’s own choices, and independence of person. |
| Non-Discrimination. |
| Full and effective participation and inclusion in society. |
| Respect for difference and acceptance of persons with disabilities as part of human diversity and humanity. |
| Equality of Opportunity. |
| Accessibility |
| Equality between men and women. |
| Respect for the evolving capacities of children with disabilities and respect for the right of children with disabilities to preserve their identities. |
| Figure 6.4 – Article 3 of the Convention on the Rights of Persons with Disabilities |
Furthermore, Article 4 of the Convention requires State Parties to promote the full realization of all human rights of those with disabilities, by adopting legislation or by amending and modifying existing laws to ensure compliance with the Convention. It establishes that all individuals are equal before the eyes of the law and are entitled to equal protection of the law without discrimination, and any distinction based on an individuals’ disability must be legally resolved. These responsibilities apply equally to the protections made available through the Criminal Justice System as well. (See Figure 2.11 for the complete content of the CRPD)
Constitutional Safeguards
domestic
Article 25: Equality of Citizens
domestic
Article 25 is one of the most significant constitutional provisions as it guarantees the equality of all citizens before the law and prohibits discrimination.
The Courts of Pakistan have strongly guarded this right and expanded its ambit beyond what has been laid down in the Constitution. The Lahore High Court in 2017 observed that fundamental rights under the Constitution do not distinguish between a person with or without disabilities. In fact, the Constitution goes further and mandates that adequate provisions be made to safeguard the legitimate interests of marginalized communities.[1]
Domestic Law and Jurisprudence
domestic
The rights of persons with disabilities to be protected within the Criminal Justice System have not been defined through one piece of legislation. Even though specific protections for mentally unfit persons have been established, a single piece of legislation defining disability and the rights of such persons cannot be found in Pakistan. The rights which has been discussed in Sections 3-8 of this Guide are to be applied equally, without discrimination for the protection of disabled persons as well, read in line with the fundamental guarantees available within the Constitution of Pakistan.
However, a key focus of this section will be the protections available for mentally unfit persons within the Criminal Justice System.
Notes & references (1)
- Hafiz Junaid Mahmood v. Government of Punjab 2017 PLD Lahore 1↩