Last Change:

05/06/2025

Sabeen Asghar v. Province of the Punjab (PLD 2023 Lahore 416)

Year: 2023

Type: Other

Rights Category: Health

Description

In Sabeen Asghar v. Province of the Punjab (PLD 2023 Lahore 416), a case concerning the provision of maternity leave, the Lahore High Court concluded that “a woman’s right to safe motherhood is not only a right to health but also a right to life. Safe motherhood means providing women with the necessary care to ensure their safety and health during pregnancy and childbirth.” A violation of the right to safe motherhood infringes on the guarantee of equal treatment (Article 25) and protection of the dignity of the person (Article 14) under the Constitution of Pakistan. 

Selected provisions
Paragraph 16

Maternity is not a disease but a social function. “It is the means by which the human species is propagated. Pregnancy and childbirth are a privileged function of a woman, essential for the survival of our species.” According to the World Health Organization estimates, approximately 810 young women die every day from causes related to pregnancy and childbirth. In 2017, about 295,000 women died during pregnancy and childbirth. At least seven million postpartum survivors have serious health problems, and an additional 50 million have poor health after giving birth. Out of these 90% occur in developing countries. Fathalla posits that the cumulative denial of women’s human rights is the frequent cause of maternal deaths in these countries. Women do not die due to incurable diseases but because societies have yet to decide that their lives are worth saving.

Paragraph 17

A woman’s right to safe motherhood is not only a right to health but also a right to life. Safe motherhood means providing women with the necessary care to ensure their safety and health during pregnancy and childbirth. Article 25 of the Universal Declaration of Human Rights (UDHR) (1948) recognizes the right to health and proclaims that motherhood and childhood are entitled to special care and protection. It reads:
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.