International Criminal Justice: For experts on human rights it is clear that the protection of individuals from violations of human rights and humanitarian law requires appropriate mechanisms to enforce the law. For decades, international law lacked sufficient mechanisms to hold individuals accountable for the most serious international crimes. Naturally, like any other crimes, punishment for…
What is torture: Definition of torture under CAT- (convention that deals specifically with torture) The Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession….” (Art.…
Advocate Usman Gondal Advocate Ali Yousaf General Rule is that Mens Rea apply to all sort of crimes. Whereas, exception have been made for the welfare of public, named as Strict or Absolute liability. The age old Latin phrase epitomizes this concept, “actus non facit reum nisi mens sit rea”, which means that the act…
Advocate Usman Gondal Advocate Ali Yousaf Introduction The general principle is that not all rights are given same legal status. The courts recognize that no rights are absolute and no one right is more important than another right. When a competing right situation arises/exists, one must recognize that not all the claims will be equal…
UMAR SAMEED (ADVOCATE HIGH COURT) “A word, name, logo or slogan used by a person selling goods or services to distinguish and identify their goods or services from those of another”. – Duhaime’s Law Dictionary on Trademark The dawn of new millennium has brought significant changes in the domain of intellectual property laws and…
Under constitution of Islamic Republic of Pakistan, Courts have been empowered to give orders and directions in relation to Writ petition or by Suo motu. In order to determine the scope and extent of powers given to High Courts under Article 199 and to Administrative courts and tribunals under Article 212, comparison would be…
Article 2 of The European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) contains the right to life. It states that everyone’s right to life shall be protected by law. The State has an obligation to secure the effective enjoyment of the right to life for everyone in its jurisdiction. It…
The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights. The full and equal participation of women in political, civil, economic, social and cultural life, at the national, regional and international levels, and the eradication of all forms of discrimination on grounds of sex are…
Although a large number of European writers have emphasized that including Economic Social and Cultural Rights in codifications will collapse the political system but Right to Housing still remains a contentious right despite the fact it does not have much/rich developed Jurisprudence on it. Moreover, it has been embedded/codified as a right in some…
In Pakistan intelligence preference of minor and attachment towards his/her mother or father under love and affection is the main source of judgments passed by the guardian court established under Guardian & Wards Act, 1890 as well as the apex court of Pakistan. In custody matters public at large may also be pleaded as a…