Fundamental Rights: Articles 8 to 28 of the Constitution of Pakistan
Fundamental rights are the cornerstone of any democratic society, ensuring that individuals are granted certain inherent rights and freedoms by law. In Pakistan, these rights are enshrined in the Constitution, specifically in Articles 8 to 28. Understanding these rights is essential for every citizen to comprehend the legal framework within which they operate and to safeguard their liberties.
Article 8: Laws inconsistent with or in derogation of fundamental rights to be void:
Article 8 establishes the supremacy of fundamental rights, stating that any law that is inconsistent with or derogatory to these rights shall be considered void.
Article 9: Security of person:
Article 10: Safeguards as to arrest and detention: provides safeguards regarding arrest and detention, emphasizing the right to be informed of the grounds for arrest and the right to legal representation. It also mandates the production of arrested persons before a magistrate within 24 hours.
Article 10 A: Right to Fair Trial, is a fundamental legal principle that guarantees individuals involved in legal proceedings the right to a fair, impartial, and just process. This right is typically enshrined in legal systems and international human rights instruments to ensure that all individuals, regardless of their circumstances, receive fair treatment under the laws
Article 11: Slavery, forced labour, etc, prohibition of slavery, forced labor, and similar practices is a fundamental principle enshrined in various international human rights instruments and national laws.
Article 12: Protection against Retrospective Punishment, also known as protection against ex post facto laws, is a fundamental principle in legal systems around the world. It refers to the prohibition of applying new laws retroactively to punish individuals for acts that were not considered illegal at the time they were committed.
Article 13: Protection against double punishment: also known as protection against double jeopardy, is a fundamental legal principle that prevents an individual from being tried or punished twice for the same offense.
Article 14: Inviolability of dignity of man, etc: guarantees the inviolability of the dignity of individuals, emphasizing the right to privacy and protection against torture or degrading treatment.
Article 15: Freedom of movement
Article 16: Freedom of Assembly
Article 17: Freedom of Association
Article 18: Freedom of Trade, Business or Profession.
Article 19: Freedom of speech, etc:
Article 19-A: Right of Information
Article 20: Freedom to profess religion and to manage religious institutions.
Article 21: Safeguard against taxation for purposes of any particular religion.
Article 22: Safeguard as to educational institutions in respect of religion etc.
Article 23: Provisions as to property.
Article 24: Protection of property rights
Article 25: Equality of citizens: ensures equality of citizens before the law and prohibits discrimination on the basis of race, religion, caste, sex, or place of birth. It promotes equal opportunities and access to public places.
Article 25-A: Right to Education, is a fundamental human right recognized by various international agreements, including the Universal Declaration of Human Rights and the International Covenant on Economic, Social, and Cultural Rights, the state shall provide free and compulsory education to all children of the age of five to sixteen years in such manner as may be determined by law.
Article 26: Non-discrimination in respect of access to public places, is a fundamental principle that ensures equal treatment and accessibility for all individuals, regardless of their race, ethnicity, religion, gender, age, disability, or any other characteristic.
Article 27: Safeguard against discrimination in services: prohibits discrimination in services, ensuring that no citizen shall be discriminated against in the provision of public facilities or employment opportunities on the basis of race, religion, caste, sex, or place of birth.
Article 28: Preservation of language, script, and culture
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