Violence Against Women in Pakistan and Pakistan's Obligations Under International Law

Abstract

Through its ratification of the U.N. Convention on the Elimination of All Forms OF Discrimination against Women (CEDAW) IN 1966, Pakistan assumed the obligation to protect women from sexual and other forms of gender-based violence perpetrated by state agents and private actors alike. As a party to CEDAW, Pakistan is obligated “to pursue by all appropriate means and without delay a policy of eliminating discrimination against women” including “any distinction, exclusion or restriction made on the basis of sex which has the purpose of impairing or nullifying the recognition, enjoyment or exercise by women on a basis of equality of men or women, of human rights and fundamental freedoms. Furthermore, the international covenant on civil and political rights (ICCPR), Which Pakistan has to ratified but is a cornerstone of International Human Rights law, requires government to ensure the rights to life and security of the person of all individuals in their jurisdiction, without distinction of any kind, including sex. The ICCPR would require Pakistan to not only refrain from, but also prevent private actors from committing, acts of violence against women.Police, medicolegal doctors, and prosecutors should be trained in the proper procedure for handling rape, sexual assault and domestic violence cases in their respective professional capacities. The government should fund nongovernmental organisations to provide shelters, legal aid, counselling, and medical care for women victims of violence. The government of Pakistan is obligated, under its own constitution and international law, to take requisite steps to eliminate gender discrimination in the criminal justice system and to put an end to impunity foe violence against women, itself a form of such discrimination.