Conflict Between Domestic Law and International Human Rights Norms: A Pakistani Perspective

Abstract

Pakistan presents one of the most instructive and, at the same time, deeply troubling case studies in the global conversation about the relationship between international human rights law and domestic legal systems. On paper, the country has signed up to a fairly comprehensive set of international human rights obligations: the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC), among others. In practice, however, a wide gulf divides these solemn international commitments from the lived experience of millions of Pakistani citizens religious minorities who live under the long shadow of draconian blasphemy laws, women whose legal status remains subordinate in crucial areas of family and criminal law, children trapped in early marriages or denied access to education, and the families of the 'disappeared' who wait, year after year, for a justice that never seems to arrive. This article undertakes a critical and comprehensive examination of the key conflicts between Pakistan's domestic legal order and its obligations under international human rights law. It situates that examination within Pakistan's constitutional framework, traces the evolution of judicial thinking on the question of incorporating international norms, and draws upon a range of Pakistani and international case law to illustrate how the tensions manifest in practice. The article argues that, while Pakistan's superior courts have increasingly recognized international human rights norms as legitimate and valuable interpretive resources, structural and political barriers not least the constitutional elevation of Islamic law continue to frustrate meaningful legislative harmonization. Concrete, actionable recommendations are offered for closing the gap between Pakistan's international promises and its domestic realities, in a manner consistent with the requirements of the Higher Education Commission (HEC) of Pakistan for peer-reviewed legal scholarship.