A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

<strong>of</strong> the Republic and the supremacy <strong>of</strong> the constituted legislature in making laws
should not be subject to external rules except to the extent legitimately accepted by
the constituted Legislature themselves”.
Further, as CEDAW cannot be the sole basis <strong>of</strong> a legal claim, the guarantee <strong>of</strong> equality
and non-discrimination rests with the 1973 Constitution. Recourse is especially made
to Article 25, which ensures that:
1. All citizens are equal before the law and are entitled to equal protection <strong>of</strong> the
law.
2. There shall be no discrimination on the basis <strong>of</strong> sex alone.
3. Nothing in this Article shall prevent the State from making any special provision
for the protection <strong>of</strong> women and children.
There is difficulty though in challenging statutes that invoke Islamic laws and
principles because Article 2A <strong>of</strong> the Constitution also provides that legislation must
be in conformity with the injunctions <strong>of</strong> Islam.
The case <strong>of</strong> Humaira Mehmood v the State and others 1999 P. Cr. R. 542 [Lahore]
however, which cited Article 16 <strong>of</strong> the Convention and used Article 25 <strong>of</strong> the
Constitution to support its main argument, provides evidence <strong>of</strong> the reliance and role
<strong>of</strong> Article 25. This case involved a woman who married without the consent <strong>of</strong> her
parents. Her parents forced her to sign a pre-dated marriage contract, which they used,
with the collaboration <strong>of</strong> the police, to file a case under the Zina (adultery) Ordinance.
The Court cited a violation <strong>of</strong> Article 25 and referred to Pakistan’s obligations under
Article 16 <strong>of</strong> CEDAW. It stated that Pakistan failed to comply with its commitment
to ensure equality between the sexes and to eliminate discrimination against women
in matters relating to marriage, especially those in relation to removing impediments
to the right to freely enter into marriage and to choose a spouse. The judge further
criticised societal traditions and culture that discriminate against women arguing that
they are contrary to Islam, the domestic law and international obligations.
The Pakistan Government has undertaken a number <strong>of</strong> initiatives in response to
CEDAW. In August 1998, Pakistan’s Prime Minister launched the National Plan
<strong>of</strong> Action (“NPA”), which established a “set <strong>of</strong> priority actions formulated to help
achieve the agenda for the empowerment <strong>of</strong> women in Pakistan”. The NPA was
drafted pursuant to the commitment made in the Fourth World Conference on
Women in 1995. It adopted the framework <strong>of</strong> the Beijing Platform for Action and
incorporated into the twelve critical areas <strong>of</strong> concern identified the relevant articles
<strong>of</strong> CEDAW.
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CEDAW Country Ratification Report: Pakistan