Structural Inequalities and Minority Rights: Analysing the Formal Aspects in Context of Pakistan

  • Danish Ali Department of Social Sciences (Development Studies) *, Bahira University Islamabad Campus, Islamabad 44000, Pakistan
  • Tehzeeb Bano Development Studies Department, School of Social Sciences & Humanities (S3H), National University of Science & Technology (NUST), H-12 Islamabad 44000, Pakistan
  • Madiha Ehsan Department of Social Sciences (Development Studies) *, Bahira University Islamabad Campus, Islamabad 44000, Pakistan
Keywords: Keywords, Human rights, Minority rights, Universal declaration of Human Rights, Constitution of Pakistan, Structural Inequalities

Abstract

This study has investigated public perceptions regarding minorities and their rights and examined the legal framework of Pakistan in context of minority rights along with the gaps within the formal system that allow violations and exploitations against the minorities. The research explored the perceptions of both groups regarding religious minorities and minority rights in Pakistan. Content analysis was done comparing the constitution of Pakistan against the Universal Declaration of Human Rights. To collect primary data in-depth interviews of students from the majority religious group and students from minorities groups were conducted. The findings reflect the critical situation being faced by the minorities in Pakistan, due to significant gaps between theory and practice existing in the legal framework. The law protects the minority rights, and they are given all equal rights by the constitution, but the implementation phase seems and remains unfulfilled due to numerous societal and religious factors influencing the formal system. It is recommended to device  inclusive polices to bring equality.

References

A. A. Amir, Worldwide search: Reflections on human rights of law researches, Shahid Beheshti University Publications, 1998, pp. 13-20.

A. A. An-Na'im, "Human rights in the Muslim world: Socio-political conditions and scriptural imperatives-A preliminary inquiry," Harv. Hum. Rts. J., vol. 3, 1990.

A. d. Haan and A. A. Dani, Eds., Inclusive States: Social Policy and Structural Inequalities, The world bank, 2008.

A. International, 18 April 2008. [Online]. Available: https://www.amnesty.org/en/latest/news/2008/04/pakistan-ratifies-key-un-human-rights-treaty-20080418/.

A. L. a. U. Ukiwo, "Ethnicity, Religion and the State in Ghana and Nigeria: Perceptions from the Street," 2007.

A. M. Rose, "Minorities," International Encyclopedia of the Social Sciences, pp. 97-116, 1968.

A. Majid, "Religious Minorities in Pakistan," JPUHS, Vols. 27, No1, 2014.

A. Petričušić, ""The Rights of Minorities in International Law: Tracing Developments in Normative Arrangements of International Organizations," Croatian International Relations Review, 2005.

A. Petričušić, "The Rights of Minorities in International Law: Tracing Developments in Normative Arrangements of International Organizations," Croatian International Relations, 2005.

A. Zarrin, "Jinnah’s Vision of Pakistan as a Modern Islamic State," Ma’arif Research Journal, vol. 8, 2013.

B. L. Berg, Qualitative Research Methods for Social sciences, 2001.

C. Brown, "Structural realism, classical realism and," SAGE journals, 2009.

C. Holmes, A TOLERANT COUNTRY? Immigrants, Refugees and Minorities in Britain, Routledge, 2015.

C. R. Beitz, The idea of human rights, Oxford University Press, 2011.

CIA, "The World Factbook: Pakistan," 26 September 2018. [Online]. Available: https://www.cia.gov/library/publications/the-world-factbook/geos/pk.html.

D. Harmon and J. Loh, "A global index of biocultural diversity," Ecological Indicators, vol. 5, no. 3, pp. 231-241, 2005.

D. I. H. Malik, "Religious Minorities in Pakistan," Minority Rights Group International, London, 2002.

D. Kurban, "A Quest for Equality: Minorities in Turkey," Minority Rights Group International (MRG), 2007.

E. Agius and J. Ambrosewicz, Towards a culture of tolerance and peace, International Bureau for Children's Rights, 2003.

E. O. Wilson, On human nature, Harvard University Press, 2012.

E. Sanasarian, Religious Minorities in Iran, 2004.

F. Grare and W. Maley, "The Afghan Refugees in Pakistan," Middle East Institute. Refugees Cooperation, 2011.

F. Mihandoost and B. Babajanian, "The Rights of Minorities in International Law," Journal of Politics and Law, vol. 9, no. 6, 2016.

F. Pratto, J. Sidanius and S. Levin, "Social dominance theory and the dynamics of intergroup relations: Taking stock and looking forward," European review of social psychology, 2006.

G. Brown, "The Universal Declaration of Human Rights in the 21st Century," Open Book Publishers, 2016.

G. Helmke and S. Levitsky, "Informal institutions and comparative politics: A Research Agenda," Perspectives on politics, vol. 2, no. 4, pp. 725-740, 2004.

GOP, "population census," 2017. [Online]. Available: http://www.pbscensus.gov.pk/sites/default/files/bwpsr/islamabad/ISLAMABAD_SUMMARY.pdf.

H. Hannum, The status of the Universal Declaration of Human Rights in national and international law, vol. 25, GA. J. INT'L & COMP. L., 1995.

H. J. Morgenthau, Politics Among Nations The struggle for power and peace, Nova York, Alfred Kopf, 1948.

H. Rosting, "Protection of Minorities by the League of Nations," American Journal of International Law, vol. 17, no. 4, pp. 641-660, 1923.

I. Rehman, "DISCRIMINATION AGAINST RELIGIOUS MINORITIES IN PAKISTAN: AN ANALYSIS OF FEDERAL AND PROVISIONAL LAWS".

I. Rehman, "Discrimination Against Religious Minorities in Pakistan: An Analysis of federal and provincial laws," Lahore.

I. Ysldiz, "Minority rights in Turkey," BYU L. Rev, 2007.

ICCPR, International Covenant on Civil and Political Rights, 1966.

J. Donnelly, Universal human rights in theory and practice, Cornell University Press, 2013.

J. G. Flanagan, "Hierarchy in simple" egalitarian" societies. 18.1 (1989): 245-266.," Annual Review of Anthropology, vol. 18, 1989.

J. H. Dunning and C. Kim, "d Oxford, UK TWEC Wo 0378-5920 © 2007 Blackwell Publishers Ltd (a Blackwell Publishing Company) F 30 2 Original Article THE CULTURAL ROOTS OF GUThe Cultural Roots of Guanxi:," World Economy , 2007.

J. J. Jivan and P. Jacob, "Life on the Margins," National Commission for Justice and Peace, Lahore, 2012.

J. J. Jivan and P. Jacob, Life on the Margins, National commission for justice and peace, 2012.

K. Dean, "Why minorities suffer in Pakistan?," Daily Times, 11 January 2017.

L. Wittgenstein, Philosophical Investigations, Blackwell, 1958.

M. Ahmad, The Constitution of the Islamic Republic of Pakistan, 1973, KLP, 2010.

M. Bertrand and S. Mullainathan, "Are Emily and Greg More Employable than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination," The American Economic Review, vol. 94, no. 4, pp. 991-1013, 2004.

M. Foucault, Madness and civilization, Routledge, 2003.

M. Ishay, "What are human rights? Six historical controversies," Journal of Human Rights, pp. 359-371, 2004.

M. Verkuyten and A. A. Yildiz, "The Endorsement of Minority Rights: The Role of Group Position, National Context, and Ideological Beliefs," Political Psychology, vol. 27, no. 4, pp. 527-548, 2006.

M. Waqas, Z. Mansoor, Shaqaib, M. Jamal and Safiya, Marginalisation of religious minorities in Pakistan, AWWAZ, 2017.

MRG, "World Directory of Minorities and Indigenous Peoples," june 2018. [Online]. Available: https://minorityrights.org/country/canada/.

MRGI, "Christians," june 2018. [Online]. Available: https://minorityrights.org/minorities/christians-5/.

N. Pillay, "Promoting and Protecting Minority Rights," United Nations, 2012.

O. Siddique and Z. Hayat, "Unholy Speech and Holy Laws: Blasphemy Laws in Pakistan—Controversial Origins,Design Defects, and Free Speech Implications," MINNESOTA JOURNAL OF INT’L LAW, 2007.

P. Hilpold, "The League of Nations and the Protection of Minorities–Rediscovering a Great Experiment," Max Planck Yearbook of United Nations Law Online, vol. 17, no. 1, 2013.

P. Thornberry, International law and the rights of minorities, Oxford University Press, 1992.

R. Furtado, "How does the Indian Constitution protect minority rights," 2017.

R. Gilpin, War and change in world politics, Cambridge University Press, 1983.

R. Hofmann, "The Framework Convention for the Protection of National Minorities," in Minority Rights in Central and Eastern Europe, Routledge , 2009, pp. 50-54.

R. Kumar, Research Methodology a step-by-step guide for beginners, SAGE Publications Ltd, 2011.

R. Otto, The Idea Of The Holy, Oxford University press, 1950.

S. Castles and A. Davidson, Citizenship and migration: Globalization and the politics of belonging, Psychology Press, 2000.

S. Freud and J. Strachey, The Future Of An Illusion ; Civilization and its Discontents ; And, Other Works, Hogarth Press and the Institute of Psycho-analysis, 1961.

S. Jawad, "Pakistani model of diversity management: rediscovering Jinnah's vision," International Journal of Sociology and Social Policy, vol. 28, pp. 100-113, 2008.

S. Vertove, "Super-diversity and its implications," " Ethnic and racial studies, vol. 30, pp. 1024-1054, 2007.

T. J. Gunn, "The Complexity of Religion and Definition of Religion in International Law," Harvard Human Rights Journal, vol. 16, 2003.

T. Mahmud, "Freedom of Religion & Religious Minorities," Fordham International Law Journal, 1995.

T. R. Tyler, "Multiculturalism and the Willingness of Citizens to Defer to Law and to Legal Authorities," Law & Social Inquiry, vol. 25, no. 4, pp. 983-1019, 2000.

T. Ricento and A. Cervatiuc, "Language minority rights and educational policy in Canada," in International perspectives on bilingual education: Policy, practice, and controversy, 2010, pp. 21-42.

UN, "The Foundation of International Human Rights Law," [Online]. Available: https://www.un.org/en/universal-declaration-human-rights/.

UN, "Universal Declaration of Human Rights," 1948.

UN, United Nations Declaration of the Elimination of All Forms of Intolerance and of Discrimination Based on Religion Or Belief, 1982.

UNHCR, "Eligibility Guidelines for Assessing the International Protection Needs of Members of Religious Minorities from Pakistan," United Nations High Commissioner for Refugees (UNHCR), 2012.

V. Tyyskä, J. Blower, S. DeBoer and A. Walcott, The Syrian Refugee Crisis: A Short Orientation, Ryerson Centre for Immigration and Settlement, 2017.

W. M. Reisman, "Sovereignty and Human Rights in Contemporary International Law," The American Journal of International Law, vol. 84, no. 4, pp. 866-876, 1990.

WPR, "Islamabad Population 2018," 2018. [Online]. Available: http://worldpopulationreview.com/world-cities/islamabad-population/.

Published
2019-11-01
Section
Articles