Gender and Land Rights Database

Pakistan

Rights entrenched in the Constitution

The Constitution, 1973:

  • Article 2: “Islam shall be the State religion of Pakistan”.
  • Article 3 calls upon the State to eliminate all forms of exploitation.
  • Article 8: “Laws enacted in Pakistan cannot be in contravention of the Constitutional provisions.”
  • Article 18: “Every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.”
  • Article 23: “Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan”.
  • Article 25 guarantees equality of rights to all citizens irrespective of sex, race, and class and empowers the Government to take affirmative action to protect and promote women’s rights.
  • Article 26 and 27 provide for equal access to public places and equality of employment in the public and private sectors.
  • Article 32: “The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.”
  • Article 34: “Steps shall be taken to ensure full participation of women in all spheres of national life”.
  • Article 35 states that the State shall protect marriage, the family, the mother and the child.
  • Article 37 [e] makes provision for securing humane conditions of work, ensuring that children and women are not employed in vocations unsuited to their age or sex, and for maternity benefits for women in employment.
  • Articles 51 and 106 provide for the reservation of seats for women in the legislatures.
  • Article 203D: No law or provision of law may be enacted that is repugnant to the Injunctions of Islam as laid down in the Holy Quran’ and the Sunnah of the Holy Prophet.
  • Articles 203A, 203C, 203D, 227 state that the Federal Shariat Court may examine and decide whether any law is inconsistent with these injunctions (12).