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HR Citizenship

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24 views24 pages

HR Citizenship

Uploaded by

k2935627
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Human rights are the fundamental rights and freedoms that belong to every person simply

because they are human. These rights are universal, inherent, and inalienable, meaning they
cannot be taken away or given up except in specific circumstances and through due process (e.g.,
imprisonment for committing a crime).

Characteristics of Human Rights

1. Universal
o Human rights apply to all people, regardless of nationality,
ethnicity, gender, religion, or social status. They are not confined
by geographic or cultural boundaries.

2. Inalienable
o Human rights cannot be taken away or given up, except in
specific situations permitted by law (e.g., restriction of freedom
during imprisonment after a fair trial).

3. Indivisible and Interdependent


o All human rights are equally important and interconnected. For
example, the right to education influences the right to work and
the right to live a dignified life.

4. Inherent
o Human rights are not granted by any authority; they are intrinsic
to human beings by virtue of their humanity.

5. Equality and Non-Discrimination


o Human rights are based on the principles of equality and non-
discrimination, ensuring everyone has access to the same rights
and opportunities.

6. Legally Protected
o Many human rights are codified in national and international
laws, providing mechanisms for their enforcement.

7. Dynamic and Evolving


o Human rights are adaptable to changing social, political, and
economic contexts, reflecting the progress of societies over time.

8. Responsibility
o While individuals have human rights, they also have a
responsibility to respect the rights of others. (Key Human
Rights (Examples)

 Right to life, liberty, and personal security


 Freedom of expression, thought, and religion
 Right to education and work
 Freedom from torture and inhumane treatment
 Equality before the law
 Right to participate in governance and free elections

These rights are enshrined in key documents like the Universal Declaration of Human Rights
(1948), regional conventions, and national constitutions.

The history of human rights is marked by key moments and milestones that have shaped the
recognition and protection of rights globally. Below are some significant historical moments:

Ancient and Early Foundations

1. Code of Hammurabi (c. 1754 BCE)


o One of the earliest written legal codes, it established principles of
justice and fairness in ancient Mesopotamia.

2. Cyrus Cylinder (539 BCE)


o Issued by Cyrus the Great of Persia, it proclaimed the freedom of
slaves and religious tolerance, considered an early human rights
charter.

3. Magna Carta (1215)


o Signed in England, it limited the power of the monarchy and
established basic legal rights, such as the right to a fair trial.

4. The English Bill of Rights (1689)


o Outlined rights and freedoms for English citizens, including free
elections, freedom from cruel punishment, and parliamentary
sovereignty.

Enlightenment and Revolutionary Periods

5. The American Declaration of Independence (1776)


o Asserted that "all men are created equal" with rights to "life,
liberty, and the pursuit of happiness."

6. French Declaration of the Rights of Man and Citizen (1789)


o Proclaimed the principles of liberty, equality, and fraternity,
emphasizing individual rights and freedom from oppression.
19th Century Developments

7. Abolition of the Transatlantic Slave Trade (1807)


o The UK, followed by other nations, outlawed the transatlantic
slave trade, a step toward ending slavery.

8. The Emancipation Proclamation (1863)


o Declared by U.S. President Abraham Lincoln, it abolished slavery
in Confederate states.

9. Geneva Conventions (1864)


o Established international standards for humanitarian treatment
during wartime, including the protection of prisoners and
civilians.

20th Century and Beyond

10. Universal Declaration of Human Rights (1948)


o Adopted by the United Nations, it became the foundation for
modern international human rights, outlining civil, political,
economic, and social rights.

11. Civil Rights Movement (1950s-1960s)


o Led by figures like Martin Luther King Jr., it fought against racial
segregation and for equal rights in the United States.

12. End of Apartheid in South Africa (1994)


o Marked by the election of Nelson Mandela, it represented the
triumph of democracy over systemic racial oppression.

13. The Genocide Convention (1948)


o Adopted to prevent and punish acts of genocide, particularly
following the Holocaust.

14. CEDAW (1979)


o The UN Convention on the Elimination of All Forms of
Discrimination Against Women aimed at ensuring gender
equality.

15. The Arab Spring (2010s)


o A series of uprisings in the Middle East and North Africa
advocating for democracy, freedom, and human rights.
Recent Advances

16. Marriage Equality Movements (21st Century)


o Many countries have recognized same-sex marriage as a human
right, reflecting progress in LGBTQ+ rights.

17. #MeToo Movement (2017)


o A global movement highlighting sexual harassment and assault,
leading to significant legal and societal changes.

18. Global Climate Strikes (2019)


o Demonstrations emphasizing the right to a sustainable
environment as part of broader human rights.

19. COVID-19 Pandemic (2020-2022)


o Raised awareness of the right to health, vaccine equity, and the
balance between public health measures and civil liberties.

These historical moments highlight humanity's ongoing struggle to recognize, protect, and
expand human rights worldwide.

The four fundamental principles of human rights can be understood as the core values that
underpin international human rights law and practice. These principles guide the protection and
promotion of human dignity, freedom, and equality for all individuals, regardless of nationality,
ethnicity, or religion. They are often referred to as the "Four Pillars" of Human Rights and
include:

1. Universality

 Definition: Human rights are universal and apply to all people,


regardless of their background, ethnicity, nationality, gender, religion,
or other status. These rights are inherent to all human beings by virtue
of being human.
 Explanation: The Universal Declaration of Human Rights (UDHR)
(1948) explicitly states that "all human beings are born free and equal
in dignity and rights." Human rights are not contingent upon
citizenship or residency and cannot be denied based on race, class, or
gender.
2. Inalienability

 Definition: Human rights cannot be taken away or transferred, except


in specific, narrowly defined circumstances and through due legal
process (such as imprisonment after conviction).
 Explanation: Human rights are considered inalienable—they cannot
be forfeited or surrendered. Even during times of conflict or
emergency, rights like the right to life and the prohibition of torture
cannot be violated under international law.

3. Indivisibility

 Definition: Human rights are indivisible and interconnected, meaning


that civil, political, economic, social, and cultural rights are equally
important and cannot be treated in isolation.
 Explanation: The realization of one human right often depends on the
enjoyment of others. For example, the right to education is closely tied
to the right to freedom of expression and the right to participate in
government. No category of rights is "more important" than another—
they must all be respected and promoted together.

4. Non-discrimination

 Definition: All human beings are entitled to the same rights without
discrimination on any grounds, such as race, sex, nationality, disability,
language, or any other status.
 Explanation: Non-discrimination is a core principle of human rights
law, ensuring that rights are applied equally to all individuals. It
prohibits exclusion or limitation of rights based on arbitrary
distinctions. This principle is enshrined in key human rights treaties,
including the International Covenant on Civil and Political Rights
(ICCPR) and the Convention on the Elimination of All Forms of
Racial Discrimination (CERD).
A state is a political entity with sovereignty over a defined territory, a permanent population, and
a government capable of making and enforcing laws. States can be classified in various ways
based on governance, territorial structure, and their form of government. Here are the main
types:

1. By Governance and Political System

 Democratic State: Citizens elect leaders, and there is a system of


checks and balances, with respect for individual freedoms and human
rights.
Examples: United States, India, Germany.
 Authoritarian State: Political power is concentrated in the hands of a
few, and political opposition is restricted.
Examples: North Korea, Saudi Arabia.
 Totalitarian State: The government seeks to control every aspect of
public and private life, including thoughts and beliefs.
Examples: Nazi Germany, Soviet Union.

2. By Territorial Organization

 Unitary State: Most power is centralized in the national government,


with limited autonomy given to local authorities.
Examples: France, Japan.
 Federal State: Power is shared between a central government and
regional governments, each with its own responsibilities.
Examples: United States, India, Brazil.
 Confederation: A union of sovereign states where the central
authority is weak, and individual states retain most of their powers.
Examples: European Union (in some respects), early United States.

3. By Form of Government

 Monarchy: The head of state is a monarch, either with absolute power


or as a ceremonial figurehead in a constitutional system.
Examples: Saudi Arabia (absolute monarchy), United Kingdom
(constitutional monarchy).
 Republic: The head of state is elected, and power resides in elected
officials.
Examples: United States (presidential), Germany (parliamentary
republic).

4. By International Recognition

 Sovereign State: A fully independent and recognized state with


control over its territory and government.
Examples: United States, Brazil, Australia.
 Failed State: A state unable to maintain control over its territory or
provide basic services to its citizens due to political instability.
Examples: Somalia, South Sudan.
 Quasi-State: A political entity that claims sovereignty but lacks full
international recognition.
Examples: Palestine, Taiwan.

5. By Economic System

 Welfare State: The government provides a wide range of social


services, such as healthcare, education, and unemployment benefits.
Examples: Sweden, Norway, Denmark.
 Capitalist State: The economy is based on private ownership and
free markets with minimal government interference.
Examples: United States, Japan.
 Socialist State: The state controls key industries and focuses on
wealth redistribution and reducing economic inequality.
Examples: Cuba, former Soviet Union, China.

These different types of states highlight the diversity of political and economic systems
worldwide, each with its own approach to governance and society.

The last sermon of Prophet Muhammad (peace be upon him) is one of the most profound
speeches in Islamic history, delivered during his final pilgrimage (Hajj) in the year 10 AH (632
CE) on the 9th day of Dhul-Hijjah at Mount Arafat. It summarizes the core principles of Islam
and serves as a universal charter for human rights, justice, and equality. Below is a detailed
account of the sermon:
Background of the Last Sermon

 Prophet Muhammad (SAW) performed his final Hajj, known as the


Farewell Pilgrimage (Hajjat al-Wida), attended by over 100,000
companions.
 This sermon was a culmination of his mission as a prophet, providing
guidance for Muslims and humanity for all time.
 The Prophet addressed critical issues of equality, justice, and piety,
emphasizing universal brotherhood.

Key Themes and Messages of the Last Sermon

1. Sanctity of Life, Property, and Honor


o The Prophet declared:

"O People, just as you regard this month, this day, this city as sacred, so regard
the life and property of every Muslim as a sacred trust."

o He forbade any form of injustice, including usury (riba), and


emphasized mutual respect and accountability.

2. Equality of Humanity
o The Prophet proclaimed the equality of all people, abolishing
distinctions based on race, color, or lineage:

"All mankind is from Adam and Eve. An Arab has no superiority over a non-
Arab, nor does a non-Arab have any superiority over an Arab; a white has no
superiority over a black, nor does a black have any superiority over a white—
except by piety and good action."

o This established the principle of universal brotherhood and the


irrelevance of ethnic or social hierarchies.

3. Prohibition of Usury (Riba)


o He explicitly forbade the practice of usury, calling it unjust and
exploitative:

"All riba (usury) is abolished. You will neither inflict nor suffer inequity in
financial matters."

o The Prophet specifically nullified any outstanding claims of


interest, starting with his own family’s transactions.

4. Rights of Women
o Prophet Muhammad emphasized the rights and dignity of
women, urging men to treat them with kindness and respect:

"O People, it is true that you have certain rights over your women, but they also
have rights over you... Treat your women well and be kind to them for they are
your partners and committed helpers."

o This was revolutionary in a society that had historically


marginalized women.

5. Adherence to the Quran and Sunnah


o The Prophet stressed the importance of following Islamic
teachings:

"I am leaving among you two things; as long as you hold fast to them, you will
never go astray: the Book of Allah (the Quran) and my Sunnah."

o This guidance underscored the centrality of the Quran and the


Prophet’s traditions in maintaining faith and unity.

6. Accountability on the Day of Judgment


o The Prophet reminded everyone of their ultimate accountability
to Allah:

"Beware! You will meet your Lord, and He will ask you about your deeds."

o This emphasized individual responsibility and ethical conduct.

7. Unity of the Ummah


o The sermon called for unity and discouraged division:

"O People, listen to me carefully. Worship Allah, perform your five daily prayers,
fast during the month of Ramadan, give zakat, and perform Hajj if you can afford
it."

o These pillars were presented as the foundation of unity and faith.

8. Final Testament of the Prophet


o The Prophet concluded by asking the assembled crowd:

"Have I conveyed the message?"

o The people responded: "Yes!"


 He then raised his hands and said:

"O Allah, bear witness."


o This marked the completion of his mission as a messenger of
Allah.

Significance of the Sermon

 The sermon served as a charter for human rights, social justice, and
moral values, guiding Muslims for generations.
 It abolished many pre-Islamic practices like tribalism, exploitation, and
social inequality.
 Shortly after delivering this sermon, the verse was revealed:

"This day I have perfected for you your religion and completed My favor upon you
and have approved for you Islam as your religion." (Quran 5:3)

Conclusion

The last sermon of Prophet Muhammad (SAW) is not only a timeless document for Muslims but
also a universal message for humanity, advocating for justice, equality, and moral conduct. It
encapsulates the essence of Islam and continues to inspire people across the world.

The Charter of the United Nations is the foundational treaty of the United Nations (UN),
establishing the organization’s purposes, principles, structure, and functions. It was signed on
June 26, 1945, in San Francisco by 50 countries and came into force on October 24, 1945, after
ratification by the five permanent members of the Security Council and the majority of other
signatories.

The Charter outlines the vision of the UN as an international organization dedicated to promoting
peace, security, cooperation, and the protection of human rights. Below is an overview of the key
sections and principles of the UN Charter.

Preamble of the Charter

The Preamble sets out the guiding principles of the United Nations and articulates the main
goals:

 To maintain international peace and security


 To develop friendly relations among nations
 To promote respect for human rights and fundamental freedoms
 To foster social progress and better standards of life in larger
freedom

Key Sections of the UN Charter

1. Chapter I: Purposes and Principles


o Article 1 outlines the purposes of the UN:
 To maintain international peace and security
 To develop friendly relations among nations based on
respect for equal rights and self-determination
 To achieve international cooperation in solving global
problems
 To promote and encourage respect for human rights
o Article 2 sets out the guiding principles:
 Sovereign equality of all members
 Peaceful settlement of disputes
 Non-interference in domestic matters
 Prohibition of the threat or use of force
 Cooperation between the UN and other international
organizations

2. Chapter II: Membership


o Defines who can be a member of the UN. Membership is open to
peace-loving states that accept the obligations of the Charter
and are able and willing to carry them out.

3. Chapter III: Organs of the United Nations


o The UN consists of six main organs:
 General Assembly: Composed of all member states, it
provides a forum for discussion on a broad range of issues.
 Security Council: Responsible for maintaining
international peace and security, it has 15 members,
including 5 permanent members (the U.S., Russia, China,
France, and the U.K.) with veto power.
 International Court of Justice (ICJ): Settles legal
disputes between states and gives advisory opinions on
international legal questions.
 Secretariat: Responsible for carrying out the day-to-day
work of the UN. It is headed by the Secretary-General.
 Economic and Social Council (ECOSOC): Coordinates
the economic and social work of the UN, including the work
of specialized agencies.
 Trusteeship Council: Established to oversee the
administration of trust territories, it is no longer active
since all trust territories have gained independence.

4. Chapter IV: The General Assembly


o The General Assembly is the main deliberative body where all
member states are represented. It discusses issues related to
international peace, security, the development of international
law, human rights, and cooperation.
o Each member state has one vote, and decisions on most issues
are made by a two-thirds majority, while decisions on budget
and procedural issues are made by a simple majority.

5. Chapter V: The Security Council


o The Security Council is responsible for maintaining international
peace and security. It can take enforcement actions, such as
imposing sanctions or authorizing the use of force.
o The five permanent members (P5) hold veto power over
substantive resolutions.
o The 10 non-permanent members are elected by the General
Assembly for two-year terms.

6. Chapter VI: Pacific Settlement of Disputes


o Emphasizes the peaceful resolution of international conflicts
through negotiation, mediation, and arbitration.

7. Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace,
and Acts of Aggression
o Provides the Security Council with the authority to take action
against threats to peace, including sanctions and military
interventions, if necessary.
8. Chapter VIII: Regional Arrangements
o Encourages the creation of regional organizations to address
issues of peace and security, while ensuring that these efforts do
not conflict with the authority of the UN.

9. Chapter IX: International Economic and Social Cooperation


o Focuses on cooperation among nations in solving international
economic, social, cultural, educational, and health-related
problems.

10. Chapter X: The Economic and Social Council

 The Economic and Social Council coordinates the work of specialized


agencies and provides a platform for countries to discuss issues like
development, humanitarian aid, and human rights.

11. Chapter XI: Declaration Regarding Non-Self-Governing


Territories

 Promotes the self-determination of peoples in territories that were not


yet self-governing, encouraging the development of their political,
economic, and social potential.

12. Chapter XII: International Trusteeship System

 This chapter, which is now inactive, outlined the administration of trust


territories to prepare them for self-government.

13. Chapter XIII: The Trusteeship Council

 Outlined the structure of the Trusteeship Council, which oversaw the


administration of trust territories, though this council is now inactive as
all trust territories have attained self-government.

14. Chapter XIV: The International Court of Justice

 The ICJ, as the principal judicial organ of the UN, settles legal disputes
between states and provides advisory opinions on legal matters
referred to it by the UN and its specialized agencies.

15. Chapter XV: The Secretariat

 The Secretariat is responsible for the administration of the UN and


carrying out its programs and policies, under the leadership of the
Secretary-General.
Key Principles of the UN Charter

 Sovereign Equality of States: All member states are equal in rights


and duties under international law.
 Peaceful Settlement of Disputes: Member states are encouraged to
settle their disputes through peaceful means.
 Non-Use of Force: The use of force is prohibited except in cases of
self-defense or when authorized by the Security Council.
 Cooperation Among States: The UN promotes cooperation in solving
international problems and encourages respect for human rights and
social progress.
 Non-Interference: The Charter stresses that no state has the right to
interfere in the internal affairs of another sovereign state, except when
dealing with issues that affect international peace and security.

Amendments to the UN Charter

 The Charter can be amended, but amendments require a two-thirds


majority of the General Assembly and ratification by all five
permanent members of the Security Council.

Conclusion

The United Nations Charter lays the groundwork for the functioning of the UN, emphasizing
the preservation of international peace and security, the promotion of human rights, and the
cooperation among states for the common good. It remains the cornerstone document for
international relations and global governance.
Prophet Muhammad (peace be upon him) is regarded as the final prophet in Islam and is
considered the last messenger sent by Allah to guide humanity. His life is a profound example of
patience, perseverance, justice, and compassion, and it is central to the foundation of Islamic
teachings. Here is a detailed account of his life, struggles, and the lessons derived from his
experiences.

1. Early Life

 Birth and Family:


Prophet Muhammad (SAW) was born around 570 CE in Mecca, in
present-day Saudi Arabia. His father, Abdullah, passed away before
his birth, and his mother, Amina, died when he was just six years old.
He was then raised by his grandfather, Abdul Muttalib, and after his
grandfather’s death, by his uncle, Abu Talib.
 The Name "Muhammad":
His name, Muhammad, means "the praised one," a fitting name for
someone destined to be a leader and guide for all humanity.

2. Early Adulthood and Marriage

 Work as a Merchant:
Muhammad (SAW) worked as a merchant and earned a reputation for
honesty and integrity, earning the title Al-Amin (the trustworthy).
 Marriage to Khadijah:
At the age of 25, he was employed by a wealthy widow named
Khadijah bint Khuwaylid. She was impressed by his honesty and
they married when he was 25, and she was 40. They had a strong and
loving marriage, and she was his first believer in Islam. She supported
him throughout the initial years of his prophethood.
3. The First Revelation

 The Cave of Hira:


At the age of 40, Muhammad (SAW) began retreating to the cave of
Hira in the mountains near Mecca to meditate and reflect on the
condition of society. It was during one of these retreats, in 610 CE, that
he received his first revelation from the Angel Jibreel (Gabriel).
 The First Revelation:
The first words revealed were:

"Read in the name of your Lord who created, created man from a clot (of blood)." (Quran
96:1-2).
This was the beginning of the revelation of the Quran, which continued over the next 23
years.

4. The Struggles in Mecca

 Preaching Islam:
After the first revelation, Prophet Muhammad (SAW) began to spread
the message of monotheism (the belief in one God, Allah) and the
equality of all people, regardless of race, status, or wealth.
 Opposition:
His message, which challenged the polytheistic beliefs of the Quraysh
tribe in Mecca, faced fierce opposition. The leaders of Mecca saw Islam
as a threat to their power, wealth, and the status quo of their society.
 Persecution:
As Islam spread, so did the persecution. Early Muslims were tortured,
socially ostracized, and oppressed. The Prophet and his followers faced
intense hardships, including physical torture and the boycott of their
goods and services.

5. The Migration (Hijra)

 Hijra to Medina (622 CE):


After years of hardship, in 622 CE, the Prophet and his followers were
invited to Yathrib (later named Medina), a city about 300 kilometers
north of Mecca. This migration is known as the Hijra, and it marks the
beginning of the Islamic calendar.
 Establishment of the First Islamic State:
In Medina, the Prophet established a strong community based on
Islamic principles, including justice, charity, and mutual cooperation.
The Constitution of Medina was created, which laid down the rights
and duties of all the people of Medina, including Muslims, Jews, and
other groups.
6. The Struggles in Medina

 Battles with the Quraysh:


The conflict with the Quraysh continued after the Prophet’s migration to Medina. Several
key battles occurred:
o The Battle of Badr (624 CE): The first major battle in which
the Muslims, though outnumbered, achieved a decisive victory.
o The Battle of Uhud (625 CE): A setback for the Muslims due to
strategic mistakes, but the Prophet remained steadfast.
o The Battle of the Trench (627 CE): A siege of Medina by the
Quraysh and their allies, which was ultimately unsuccessful due
to the Muslim strategy of digging a trench to protect the city.

 Perseverance in the Face of Adversity:


Despite military losses, persecution, and personal trials, the Prophet (SAW) continued to
spread the message of Islam. His character remained unshaken, and his reliance on
Allah’s guidance and wisdom was unwavering. He was forgiving towards those who
persecuted him and upheld principles of justice and mercy.

7. The Conquest of Mecca (630 CE)

 Return to Mecca:
After years of conflict, the Prophet (SAW) and his followers were able to
return to Mecca in 630 CE. The Quraysh had broken a treaty with the
Muslims, leading to a large-scale confrontation.
 Conquest and Forgiveness:
The Prophet (SAW) entered Mecca with a large army but showed
remarkable mercy. Despite the fact that the Quraysh had oppressed
him and his followers for years, he forgave many of their leaders and
granted amnesty to most of the city’s population. This act of
forgiveness and magnanimity helped solidify his status as a leader of
great moral stature.

8. Final Years and Death

 The Farewell Pilgrimage (632 CE):


In the year of his death, Prophet Muhammad (SAW) performed his final
pilgrimage (Hajj), where he delivered the famous Farewell Sermon,
emphasizing equality, justice, and the rights of individuals, particularly
women.
 Death:
After returning to Medina, Prophet Muhammad (SAW) fell ill and passed
away on June 8, 632 CE, at the age of 63. His death left a profound
impact on the Muslim community, which was in mourning, but it also
marked the end of the era of direct prophetic guidance.
Legacy

 The Quran:
The Quran, the holy book revealed to Muhammad (SAW), remains a
central text for Muslims and a source of guidance in all aspects of life.
 The Sunnah:
The actions, sayings, and approvals of the Prophet, known as the
Sunnah, also form a crucial part of Islamic practice and are recorded
in collections of Hadith (narrations of the Prophet's sayings and
actions).
 The Muslim Ummah:
The Prophet’s teachings laid the foundation for the global Muslim
community (Ummah), and his life continues to inspire Muslims around
the world.

Key Struggles and Teachings

 Struggle for Justice: Muhammad (SAW) fought against oppression,


social inequality, and injustice. His struggle was not only against the
polytheistic rulers of Mecca but also against corruption and
exploitation.
 Moral Integrity: His honesty, compassion, and respect for human
dignity were hallmarks of his character.
 Forgiveness: Despite facing personal persecution and hardship, the
Prophet (SAW) consistently demonstrated forgiveness and mercy, even
towards those who wronged him.

Prophet Muhammad (SAW) exemplified resilience, compassion, and devotion to Allah's


commands, making his life a model for Muslims to follow. His struggles—both personal and
communal—are integral to the understanding of Islam and its principles.
What is Citizenship?

Citizenship is the legal relationship between an individual and a state, which grants the
individual certain rights, duties, and responsibilities. It defines an individual's membership in a
political community, typically a country, and outlines the rights they can claim from that state, as
well as the duties they must fulfill in return.

Key Elements of Citizenship:

1. Rights: Citizens are entitled to specific rights, such as the right to


vote, work, live in the country, receive social services, and access legal
protection.
2. Duties: Citizens are expected to fulfill duties, such as obeying the
laws, paying taxes, and contributing to the welfare of society.
3. Participation: Citizens have the opportunity to participate in political
processes, such as elections and referendums, shaping the governance
of the state.
4. Legal Recognition: Citizenship is usually granted based on factors
like birth within the country’s territory, descent from citizens, marriage,
or naturalization.
Relationship Between Citizenship and Human Rights

The relationship between citizenship and human rights is closely intertwined. While
citizenship is a legal status granted by a state, human rights are inherent entitlements that every
individual, by virtue of being human, is entitled to, regardless of their citizenship status.
However, the extent to which human rights are realized can depend on the state’s recognition of
an individual’s citizenship.

1. Citizenship as the Gateway to Human Rights

 Rights Protection: Citizenship often serves as a gateway to


accessing many human rights. For instance, the right to vote, access to
healthcare, social services, and legal protection are typically tied to an
individual’s citizenship. Without citizenship, individuals may find it
harder to claim and enjoy these rights.
 Example: A citizen has the right to vote in national elections, access
education, and seek protection from their government, which might
not be available to non-citizens or stateless individuals.

2. Universal Human Rights vs. Citizenship

 Universalism: Human rights, such as the right to life, freedom from


torture, and the right to equality before the law, are considered
universal—they apply to every human being, regardless of nationality
or citizenship status. The Universal Declaration of Human Rights
(UDHR), adopted by the United Nations in 1948, affirms that all people
are entitled to these rights, irrespective of their citizenship.
 Example: Even non-citizens or foreigners in a country have the right
to be treated with dignity, access basic healthcare, and not be
subjected to arbitrary detention, as these are universal human rights.

3. Discrimination and Exclusion

 Citizenship as a Barrier: In some cases, citizenship can be a


limiting factor in the enjoyment of certain rights. For example, non-
citizens may be excluded from certain social or political rights (such as
voting), or they may face discrimination or lack of protection under the
law. Similarly, stateless individuals (people who do not have citizenship
in any country) often struggle to access basic rights like education,
healthcare, or even legal recognition.
 Example: Refugees and migrants in a foreign country may not be able
to vote, participate fully in political life, or access certain state benefits
available only to citizens, even though they still retain their universal
human rights.
4. The Role of the State in Protecting Human Rights

 State Responsibility: States have an obligation to respect, protect,


and fulfill human rights, both for their citizens and, to a certain extent,
for non-citizens residing within their borders. Citizenship does not
absolve a state of its responsibility to uphold human rights; rather, it
ensures that citizens have specific legal means to claim these rights
within their national legal system.
 Example: While a state must protect the human rights of all people
within its jurisdiction, its citizens have more robust and defined
channels through which they can demand these rights be upheld (e.g.,
through national courts or political processes).

5. Dual Role of Citizenship in Rights and Duties

 Citizenship and Political Rights: Citizenship confers specific


political rights that are not universally available to all people. These
rights include the right to vote, run for office, and participate in the
political decision-making process. The lack of citizenship often excludes
individuals from these rights, even though they might be entitled to
other basic human rights.
 Duties Linked to Human Rights: Citizenship also involves duties
that are intended to support the collective well-being of society, which
in turn helps protect the human rights of all members of the
community. These duties can include paying taxes, serving in the
military, or abiding by laws that promote social order.

The 1974 Constitution of Pakistan (also known as the Constitution of 1973, as it came into
effect in August 1973) guarantees several fundamental human rights to its citizens. These
rights are enshrined in Part II, Chapter 1: Fundamental Rights and Principles of Policy.
Below is an overview of the fundamental rights provided under the Constitution:

Fundamental Human Rights in the 1973 Constitution of Pakistan

1. Right to Equality (Article 25)


o All citizens are equal before the law and are entitled to equal
protection of the law.
o Prohibition of discrimination based on gender, race, religion,
caste, or place of birth.
o Special provisions may be made for the protection of women and
children.

2. Right to Life and Liberty (Article 9)


o No person shall be deprived of life or liberty except in
accordance with the law.

3. Freedom from Slavery and Forced Labor (Article 11)


o Slavery, forced labor, and human trafficking are prohibited.
o No child below the age of 14 years can work in a factory, mine,
or hazardous employment.

4. Freedom of Thought, Speech, and Expression (Article 19)


o Citizens have the right to freedom of speech and expression,
subject to reasonable restrictions imposed by the law in the
interest of Islam, national security, public order, or morality.

5. Freedom of Assembly (Article 16)


o Citizens have the right to assemble peacefully without arms,
subject to reasonable restrictions in the interest of public order.

6. Freedom of Association (Article 17)


o Citizens have the right to form associations or unions, subject to
restrictions in the interest of public order, morality, or the
sovereignty and integrity of Pakistan.

7. Freedom of Religion (Article 20)


o Every citizen has the right to profess, practice, and propagate
their religion.
o Every religious denomination has the right to manage its
religious institutions.

8. Protection of Property Rights (Article 23 & 24)


o Citizens have the right to acquire, hold, and dispose of property
anywhere in Pakistan.
o No person shall be deprived of their property save in accordance
with the law.

9. Protection from Arbitrary Arrest and Detention (Article 10)


o No person can be arrested or detained without being informed of
the reasons for their arrest.
o They must be presented before a magistrate within 24 hours of
their arrest.

10. Right to a Fair Trial (Article 10-A)


o Every citizen is entitled to a fair trial and due process of law.
11. Protection from Retrospective Punishment (Article 12)
o No person shall be punished for an act that was not punishable
by law at the time it was committed.

12. Protection of Dignity and Privacy (Article 14)


o The dignity of every person is inviolable.
o The privacy of home is protected.

13. Right to Education (Article 25-A)


o The state shall provide free and compulsory education to all
children between the ages of 5 and 16.

14. Freedom of Trade, Business, and Profession (Article 18)


o Every citizen has the right to enter upon any lawful profession or
trade, subject to certain qualifications and restrictions imposed
by the law.

15. Right to Information (Article 19-A)


o Every citizen has the right to access information in all matters of
public importance, subject to reasonable restrictions.

16. Safeguard Against Discrimination in Services (Article 27)


o No citizen shall be discriminated against in respect of any
employment or office in the service of Pakistan based on race,
religion, caste, gender, or place of birth.

17. Freedom of Movement (Article 15)


o Every citizen has the right to move freely throughout Pakistan
and reside in any part of it.

18. Protection of Minorities (Article 36)


o The state shall safeguard the legitimate rights and interests of
minorities, including their religious, cultural, and educational
freedom.

Conclusion

The 1973 Constitution of Pakistan guarantees a comprehensive set of fundamental rights


designed to protect the freedoms, equality, and dignity of its citizens. These rights also
emphasize the protection of vulnerable groups, religious freedom, and the importance of justice
and equality in governance. However, their implementation depends on the state’s governance
and adherence to constitutional principles.

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