Should Ex-Offenders be Discriminated for Employability?

Many countries in the world strived to resolve the issue of discrimination against employability of ex-offenders. They adopted different practices and policies which are workable in prison and outside of it. They also legislated many laws to create balance between rights of employers and ex-offenders. Likewise, the courts have also played active role and interpreted laws to create harmony in applicability of employment laws while protecting rights of all. While, Ex-offenders 'condition in Pakistan is not different from rest of the world. The society does not allow them to reintegrate due to their previous criminal record. This is visible at the time of employment, where ex-offenders are not encouraged to apply in private and public sector organizations. The obvious justification for banning their entry in employment is security issues and job requirements. Further, there are laws which clearly impose restriction on employability of ex-offenders without defining the purpose for placement of such ban. Thus these laws and trend in employment to restrict entry of ex-offenders create a class of persons within the society which face discrimination without any justification. This thesis argues that discrimination against ex-offenders infringes the principle of equality under the provisions of the Constitution of Pakistan and the norms of international human rights law, on the one hand, and leads to the denial of right to work to an essential part of the society, on the other. Accordingly, this study deals with discrimination against ex-offenders as a research study and with equity as a legal principle and a theoretical framework. xi This is first substantial study through which issue of employment discrimination against ex-offenders in Pakistan is highlighted. Its primary purpose is to protect ex-offenders' right to work which can allow them to enter in society and enjoy equal rights like rest members of society.