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Creating Awareness about the Significance of Human Rights for Marginalized Groups in Pakistan

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Hafeez Ahmed Khan

Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights can be classified into different types based on their source, content, scope, and beneficiaries. Some common types of rights are:

  • Natural rights and legal rights: Natural rights are rights that are inherent to human beings and do not depend on any external authority or law. They are often considered universal, inalienable, and self-evident. For example, the right to life, liberty, and property are often regarded as natural rights. Legal rights, on the other hand, are rights that are granted by a specific legal system or institution. They are relative, contingent, and variable. For example, the right to vote, the right to a fair trial, and the right to education are legal rights that may differ from one country to another.
  • Claim rights and liberty rights: Claim rights are rights that entail that another person or entity has a duty or obligation to respect or fulfil them. For example, the right to health care implies that someone has a duty to provide or ensure access to health care. Liberty rights are rights that entail that another person or entity does not have a right to interfere with them. For example, the right to freedom of expression implies that no one has a right to censor or silence someone.
  • Negative and positive rights: Negative rights are rights that require others to refrain from doing something that would harm or violate them. They are often associated with liberty rights and natural rights. For example, the right to privacy is a negative right that requires others not to intrude or spy on someone. Positive rights are rights that require others to do something that would benefit or protect them. They are often associated with claim rights and legal rights. For example, the right to education is a positive right that requires others to provide or facilitate access to education.
  • Individual and group rights: Individual rights are rights that belong to each person as an individual and can be exercised independently of others. They are often based on the principles of equality and human dignity. For example, the right to life is an individual right that applies to every human being regardless of their group affiliation. Group rights are rights that belong to a specific group of people as a collective and can only be exercised in relation to others. They are often based on the principle of diversity and identity. For example, the right to self-determination is a group right that applies to distinct people who share a common history, culture, or ethnicity.

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Marginalized communities are those who have been historically excluded from involvement in our societies, as well as those who continue to face barriers to civic participation. This includes those marginalized by factors like race, wealth, immigration status, sexual orientation, gender identity, disability, religion, language, or any other status. The rights of marginalized communities are often violated or neglected by the dominant groups or institutions in power. This results in discrimination, inequality, oppression, violence, poverty, and social exclusion for these communities.The rights of marginalized communities can be critically evaluated from different perspectives and frameworks. One possible approach is to use the human rights framework as a basis for assessing the situation and needs of these communities. Human rights are universal, indivisible, interdependent, equal, and non-discriminatory principles that aim to protect and promote the dignity and well-being of all human beings. 

According to this framework,

  • Marginalized communities have the same human rights as everyone else and should be able to enjoy them without discrimination or interference.
  • Marginalized communities have specific human rights that reflect their particular circumstances and challenges. These include the right to non-discrimination, the right to participation, the right to development, the right to cultural diversity, the right to minority protection, and the right to indigenous self-determination, among others.
  • Marginalized communities face multiple and intersecting forms of discrimination and disadvantage that require holistic and integrated responses. This means that addressing one aspect of their situation is not enough; rather, all dimensions of their human development must be considered and supported.
  • Marginalized communities have agency and voice in claiming their human rights and shaping their own destinies. This means that they should not be treated as passive victims or beneficiaries; rather, they should be recognized as active agents and partners in advancing their human rights.

Using this framework as a guide,

  • The challenges faced by marginalized communities can be identified and analyzed in terms of how they affect their human rights.
  • The best practices for engaging marginalized communities can be developed and implemented in terms of how they respect, protect, and fulfil their human rights.
  • The impact and effectiveness of interventions for marginalized communities can be measured and evaluated in terms of how they enhance their human development.

Some examples of challenges faced by marginalized communities in relation to their human rights are:

  • Lack of access to quality education: Education is a human right that enables individuals and communities to develop their potential and participate in society. However, many marginalized communities face barriers to accessing education, such as poverty, discrimination, language barriers, cultural barriers, violence, displacement, or lack of infrastructure. This deprives them of the opportunity to learn and grow and perpetuates their marginalization and exclusion.
  • Lack of access to health care: Health is a human right that enables individuals and communities to enjoy a state of physical, mental, and social well-being. However, many marginalized communities face barriers to accessing health care, such as poverty, discrimination, stigma, lack of information, lack of services, or lack of quality. This exposes them to higher risks of disease, injury, disability, or death and undermines their dignity and well-being.
  • Lack of access to justice: Justice is a human right that enables individuals and communities to seek and obtain redress for violations of their rights and interests. However, many marginalized communities face barriers to accessing justice, such as poverty, discrimination, corruption, intimidation, lack of legal aid, lack of representation, or lack of fair trial. This prevents them from defending their rights and interests and allows impunity and injustice to prevail.

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Some examples of best practices for engaging marginalized communities in relation to their human rights are:

  • Inclusive and participatory consultation: Consultation is a process that enables individuals and communities to express their views and opinions on matters that affect them. Inclusive and participatory consultation means that marginalized communities are involved in the design, implementation, monitoring, and evaluation of policies, programs, or projects that affect them. This ensures that their needs, preferences, and perspectives are taken into account and respected.
  • Empowerment and capacity building: Empowerment is a process that enables individuals and communities to gain control over their lives and circumstances. Capacity building is a process that enables individuals and communities to acquire the skills, knowledge, and resources they need to achieve their goals. Empowerment and capacity building means that marginalized communities are supported to enhance their self-reliance, self-confidence, self-organization, self-representation, self-advocacy, and self-determination.
  • Recognition and protection: Recognition is a process that enables individuals and communities to affirm their identity and dignity. Protection is a process that enables individuals and communities to safeguard their rights and interests. Recognition and protection mean that marginalized communities are acknowledged and respected for their diversity and contribution to society. They also mean that marginalized communities are shielded from harm and abuse by the state or other actors.

Some examples of indicators for measuring and evaluating the impact and effectiveness of interventions for marginalized communities in relation to their human rights are:

  • Access indicators: These measure the extent to which marginalized communities have access to the goods or services that are essential for their human rights. For example,
    • The percentage of children from marginalized communities who are enrolled in school.
    • The percentage of people from marginalized communities who have access to health care.
    • The percentage of cases from marginalized communities that are resolved by the justice system.
  • Quality indicators measure the extent to which the goods or services provided to marginalized communities meet the standards or expectations for their human rights. For example,
    • The percentage of children from marginalized communities who complete primary education.
    • The percentage of people from marginalized communities who are satisfied with the health care they receive.
    • The percentage of cases from marginalized communities that receive a fair trial.
  • Outcome indicators: These measure the extent to which the interventions for marginalized communities lead to positive changes in their human development, capacity building, and intellectual growth.

Lastly, society and state organizations must carry out human rights awareness and advocacy campaigns. Accordingly, creating awareness is the best service for accomplishing human rights in Pakistan. 

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