The 1973 Constitution of Pakistan is predicated on a patriarchal view of women’s role in Pakistani society but its chapter on fundamental rights provides a number of safeguards to ensure that women are treated equally and to eliminate discrimination on the basis of sex in all spheres of life. The constitution contains a long list of fundamental rights applicable equally to men and women but some are designed specifically to protect women’s rights. Some women’s rights are also recognized as principles of policy. The difference between the fundamental rights and the principles of policy is that the former are justifiable in a court of law whereas the latter are only policy guidelines and no law can be struck down or anyone punished because of their violation (article 30). The constitution recognizes almost all human rights guaranteed in the 1948 Universal Declaration of Human Rights, e.g. the right to life and liberty, dignity of person and privacy of home, immunity from torture, freedom of movement and association, freedom of speech and religion and to acquire, hold and dispose of property, access to public places, freedom of assembly, etc. The constitutional provisions of significance to women’s rights are the equality clause, the right to employment, human trafficking, political participation, and access to public places.
Following articles of Constitutional of Islamic Republic of Pakistan broadly cover the women rights:
- Article 3 calls upon the State to eliminate all forms of exploitation.
- Article 4 provides for the right of individual to enjoy the protection of law and to be treated in accordance with the law. This applies to the citizens as well as “to every other person for the time being within Pakistan” without distinction. This article also clearly states that certain rights cannot be suspended.
- Article 25 ensures equality before the law and equal protection of the law and states that there shall be no discrimination on the basis of sex alone.
- Articles 25(3) and 26(2) allow the state to make special provisions for the protection of women and children.
- Article 26 & 27 provide for equal access to public places and equality of employment in the public and private sector.
- Articles 11 & 37 (g) prohibit trafficking in human beings as well as prostitution.
- Article 32 makes special provisions for the representation of women in local Government.
- Article 34 directs the state to take appropriate measures to enable women to participate in all spheres of life and social activities.
- Article 35 asks the state to protect the marriage, the family, the mother and the child.
- Article 37 (e) directs the state to make provisions for securing just and humane conditions of work ensuring that children and women are not employed in vocations unsuited to their age or sex, and for ensuring maternity benefits for women in employment
- Articles 51 & 106 provide for the reservation of seats for women in the legislatures.