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

Humaira Mehmood v The State and others (Pakistan)
which enjoins member states to take all appropriate measures in relation to ensuring
equality in matters <strong>of</strong> marriage and the right to consensual marriage (Article 16).
The Court also referred to the Cairo Declaration on Human Rights in Islam 1990,
which Pakistan had adopted. Articles 5 and 6 state that women have the right to enter
marriage without any restrictions stemming from race, colour or nationality and that
the State has a duty to facilitate marriage. Women have an equal right to human
dignity with men, they also have their own civil entity and financial independence
and the right to retain name and lineage.
Commentary
This judgment is significant for women’s rights in Pakistan in a number <strong>of</strong> ways.
Firstly, the finding was favourable for both petitioners validating Mst. Humaira’s
choice <strong>of</strong> husband and censuring the police for their treatment <strong>of</strong> her. Secondly, the
Court was sensitive to, and acknowledging <strong>of</strong>, the context <strong>of</strong> women’s rights. The
Court made a number <strong>of</strong> positive comments about the place <strong>of</strong> women in Pakistani
society describing women’s equality as a fundamental tenet <strong>of</strong> Islam, “male
chauvinism, feudal bias, and compulsions <strong>of</strong> a conceited ego should not be confused
with Islamic values. An enlightened approach is called for”. By acknowledging the
role <strong>of</strong> the family, tradition, and religion, and by speaking out against the abuse <strong>of</strong>
Mst. Humaira by both the State and her family the Court made a distinctive step
towards the “enlightened approach” that it encourages.
Finally, the Court referred favourably to the international obligations <strong>of</strong> Pakistan,
including reference to CEDAW. Although its decision was based on domestic statutes
and the case law <strong>of</strong> Pakistan it noted that its findings accorded with international
instruments that protect the rights <strong>of</strong> women.
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