In October 1999, a provisional Constitutional Order was issued. Part II of the Order sets out “Fundamental Rights and Principles of Policy” and prohibits discrimination on the basis of sex and provides for the well-being of women.

In addition, the Constitution:

a. Declares that all citizens are equal before the law and entitled to the equal protection of the law (Art. 25 (1)) and prohibits discrimination on the basis of sex alone (Art. 25 (2)). The law allows for the State to make special provision for the protection of women and children (Art. 25 (3)).

b. Bans discrimination on the basis of sex in appointment in “the service in Pakistan”, provided that the performance and functions of the job can be carried out by, and is deemed suitable for, both sexes (Art. 27).

c. Requires local Government to give special representation to, inter alia, women (Art. 32).

d. Provides that “steps shall be taken to ensure full participation of women in all spheres of national life” (Art. 34).

e. Requires the State to make provision for securing (Art. 37 (e)):

• just and humane conditions of work;
• maternity benefits for working mothers, and;
• that women and children are not be employed in jobs unsuitable to their age or sex.

f. Commits the State to secure the well-being of the people, irrespective of, inter alia, their sex by (Art. 38 (a)):

“raising their standard of living, by preventing the concentration of wealth and means of production and distribution in the hands of a few to the detriment of general interest and by ensuring equitable adjustment of rights between employers and employees, and landlords and tenants”.