No doubt feminist struggle in Pakistan pre-dates the formation of WAF. However, the regular incidence of women taking collective action specifically against their oppression as women, and the level of awareness created of the need for change in this regard, was new to this period.
Roughly ten years later, WAF itself is still active and action and awareness by women overall continues to grow. In addition, Pakistani women are still fighting state action against them. With the return to a government which includes right-wing Islamic parties, new battles will ensue.
Continue with Facebook. Sign up with Google. Log in with Microsoft. Even at this stage, it is still open for the judge to dismiss the case if he finds that, in his judgement, there are insufficient grounds for proceeding.
This is most visible in the area of divorce laws, where the right of a Muslim woman to dissolve her marriage has been extended by the Supreme Court of Pakistan in In Naseem Akhtar v. The lower courts had consistently dismissed her application on the grounds that she had been unable to substantiate the alleged hatred and aversion. In a case where a brother had murdered his sister, it was the father who could pardon his son.
The FSC found the discriminatory provision to be contrary to Islam and invalidated it. It is worth quoting from the decision, since it illustrates the changing attitudes towards Islamic law:. Turning of the tide Towards the end of the s, after a decade of democracy, the legal position of women living in Pakistan had become worse rather than better.
In , she received a honorary degree from the University of Pennsylvania Law School. Prize was established by the UN General Assembly in and was awarded for the first time on December 10, , on the twentieth anniversary of the Universal Declaration of Human Rights. The Prize is an opportunity not only to give public recognition to the achievements of the recipients themselves, but also to send a clear message to human rights defenders the world over that the international community is grateful for, and supports, their tireless efforts to promote all human rights for all.
Video: Check out the latest current affairs of this week. Abstract This article assesses the compatibility of the Sharia and Islamic family laws with international human rights law. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals. Issue Section:. You do not currently have access to this article. Download all slides. Sign in Don't already have an Oxford Academic account?
You could not be signed in. This article categorically examines the leading constitutional cases whereby the judiciary validated extra constitutional military's actions and cases were the judiciary reinforced the democratic governments by invalidating the military's actions. Constitutional Law. The principle of distinction is the fundamental principle and backbone of IHL. If this principle does not exist, there is no need to follow the rest of IHL as the same would not serve any purpose.
The principle has been prescribed in The principle has been prescribed in Article 51 of Additional Protocol I. There is a general agreement among IHL experts that people who directly participate in hostilities lose their protection and become subject of attack and the people who do not so participate are considered protected. However, there is lack of clarity as to what is meant by the notion of "direct participation in hostilities". It is also agreed that civilians are considered protected but if civilians directly participate in hostilities, they lose their protection.
However, again the term civilians has not been properly defined especially with regard to non-international armed conflict. For the sake of clarity, International Committee of the Red Cross conducted an exercise to define the notion of "direct participation in hostilities" but no agreed upon definition could be framed. On the other hand, Islamic law introduced the rules of war more than fourteen hundred years ago, based on the principle of distinction and clearly defining each category of protected persons and it is required that these rules should be incorporated in IHL to make it more suitable for the protection of non-combatants.
Islamic Law and International Humanitarian Law. Tobacco use remained the basic and leading cause of deaths of approximately 5. The aims and objectives of plain packaging are to reduce tobacco use and to save world from the devastating effects of tobacco use. It has been proved that plain packaging is an effective, inexpensive and powerful tool to dispel the effect of advertisements and show the ultimate truth about its use. The health warnings in shape of images call upon the emotional response and lead the tobacco consumer to reduce or quit the tobacco use.
All activities on tobacco packages which promote tobacco use by any mean, whether they are trademarks, logos, colour scheme or graphics are banned. The clash between the plain packaging and the trademark is that, the plain packaging distressed two main functions of trademark and hinders the right of the tobacco industry to use their trademark and take due benefit thereof.
At the first hand, the plain packaging may jeopardize the function of a trademark to indicate its trade origin.
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