Showing posts with label Fundamental Rights. Show all posts
Showing posts with label Fundamental Rights. Show all posts

Wednesday, May 1, 2013

Existence of FinFisher Command and Control in Pakistan

Bytes For All, Pakistan, a Pakistan based NPO, has confirmed that FinFisher Software Command and Control Center exists in Pakistan and is being operated by PTCL.

Needless to say this violates Article 14 of the Constitution of Pakistan as it infringes on the privacy and security of Pakistani citizens.

Read Media Report on the issue here.

Thursday, April 26, 2012

Pakistan's violation of its international obligations

The Islamic Republic of Pakistan signed the International Covenant on Civil and Political Rights (ICCPR) in 2008 and ratified it with reservations in 2010. In 2011, the Pakistan government, on instructions from Prime Minister Gilani, withdrew almost all of the reservations. Hence, since July 2011, Pakistan has ratified the ICCPR almost completely. This means that Pakistan has committed itself to upholding the civil rights and political rights of its citizens almost entirely. To get a full sense of the legal position, it is instructive to read an article by Qasim Rashid, a young Pakistani-American lawyer, in the Richmond Journal of Global Law and Business (vol.11/1), which lays down in some detail the history of the ICCPR, Pakistan’s ratification and subsequent lapses. 

Monday, February 6, 2012

Privacy, Media and Pakistani Law

By Yasser Latif Hamdani

Two recent episodes have driven home that the people of Pakistan do not wish to live their lives in fear of misdirected religiosity and misguided zeal. The first one was the incident pertaining to Maya Khan and her ill-advised intrusion into the private lives of citizens. The second incident was where another such vigil-aunty from the Punjab Assembly moved a resolution to ban musical concerts at educational institutions in the province. Both these moves were heavily criticised and were widely denounced by the people.

Thursday, December 1, 2011

US Case Law on Fundamental Rights

These cases are excerpted from a New York Times article.

1. Kelo v. City of New London 545 U.S. 469 (2005)

This is a classic case of balancing private property rights and the public good. The city of New London, Conn., having lost traditional industries, needed economic development to reverse urban decay. But could private companies get rich in the process? The Supreme Court found that economic development under the city’s plan would not violate the Fifth Amendment (which prohibits the taking of private property for public use “without just compensation”) solely because there was some private gain.

2. Parents Involved in Community Schools v. Seattle School District No. 1 551 U.S. 701 (2007)

 Can a city school board use race or ethnic identity as a factor in school admittance? I tell my students that if they want to understand modern American society, they should study both the evolving idea of equal protection and the history behind it: slavery, the Civil War, Jim Crow, the 14th Amendment and Brown v. Board of Education. But the concept continues to evolve, as is shown by this case; in it, the Supreme Court, while recognizing that school districts have a compelling interest in diversity, ruled against school district plans that used race as a factor in assigning students to public schools.

3. Stanford v. Kentucky 492 U.S. 361 (1989) and Roper v. Simmons 543 U.S. 551 (2005)

Can the death penalty be imposed on a defendant who committed murder as a juvenile? In a 1989 case in Kentucky, the Supreme Court held that executing a juvenile offender did not violate “common standards of decency,” or the cruel and unusual punishments clause of the Eighth Amendment. But it reversed this decision in 2005, finding that the standards had evolved to a point at which such executions were unconstitutional.

Wednesday, June 15, 2011

Blogging for Minority Rights

Book recommendation: Minority Rights: Between Diversity and Community (Key Concepts)

(Comments at Pakistan's first Social Media Conference - Yasser Latif Hamdani, Advocate High Courts of Pakistan)

The need for social activism for minority rights in Pakistan.
·         A society that marginalizes groups of its citizens ultimately turns in on itself
·         Rising tide of extremism in Pakistan is directly linked to increased discrimination against minorities in Pakistan
·         Discrimination against minorities goes against the basic principle on which Pakistan was demanded: a permanent majority cannot by sheer numbers oppress and dominate a permanent minority.