An Assignment

on
Human Rights and the Constitution of Bangladesh

Course Code: 0388 21 DS 2111

Course Title: Human Rights and Development

Submitted To:
Shahriaz Ahmmed
Lecturer
Development Studies Discipline
Khulna University, Khulna-9208

Submitted By:
Sadia Afroz Joya
Student ID: 232136
Year: 2nd,Term: 1st
Development Studies Discipline
Khulna University, Khulna-9208

Date of Submission: 1 December, 2024

 Human Rights and the Constitution of Bangladesh
Introduction :

According to the Constitution of Bangladesh, it upholds the very human rights inherent to
every individual on earth. Human rights or freedom are granted to every person as his or her
natural right by because of human existence. It has provisions in the Constitution of
Bangladesh for human rights as the bestowal for the individual by the state. Part II of the
Constitution treats Fundamental principles of the state while Part III deals with the
Fundamental Rights.

Key provision of Human Rights:

Part II(Fundamental Principles of State Policy):

• Article 9: Focus on creating a society based on equality and justice.

• Article 10: Gender equality through the participation of women.

• Article 11: Democracy must respect fundamental rights.

• Article 15: The state’s duty to provide basic necessities (food, shelter,
education, etc.).

• Article 17: Free and compulsory education for children.

• Article 19: Equality of opportunity and removal of inequalities.

Part III(Fundamental Rights ):

• Article 27: Equality before the law for all citizens.

• Article 28: Prohibits discrimination based on religion, race, caste, sex, or place
of birth.

• Article 29: Equality of opportunity in public employment.

• Article 31: Protection of the law.

• Article 32: Protection of life and liberty.

 • Article 33: Safeguards against arbitrary arrest.

• Article 34: Prohibition of forced labor.

• Article 35: Protection from torture or cruel treatment.

• Article 36: Freedom of movement.

• Article 37: Right to peaceful assembly.

• Article 38: Freedom of association.

• Article 39: Freedom of speech.

• Article 41: Right to practice religion.

• Article 42: Right to own property.

• Article 44: Right to move court for enforcement of fundamental rights.

The Practice of Human Rights in Bangladesh according to Constitution :

Even though the Constitution has definitive provisions for human rights, their actual practice
has been met with hurdles. State various institutions of government are mandated to ensure
that this right stands protected. Protection of these rights can, however, be undermined by the
following: Political influence, non-awareness, and the capacity of state institutions towards
enforcing laws.

Judiciary, in the context of Bangladesh, is one of the important institutions playing a

significant role in interpreting and implementing the jurisprudential provisions of human
rights.But efficiency in delivery of justice has been marred by case backlog and prolonged
legal tortuousities.

Challenges to Implementation of Human Rights in Bangladesh :

 Political Will:Political goals are always put before human rights, and one side is
political instability which makes such kind of enforcement absence.
 Poor Governance:There is lack of governance; there is no accountability to suppress
the violation of human rights.
  Corruption:Justice and human rights protection are turned as insurmountable barriers
to law enforcement and the judiciary due to corruption.
 Lack of effective Human Rights Organizations:
Human rights organizations, having limited resources, are politically constrained and
do not function independently.
 Distribution of Resources: Human rights violations are aggravated by inequality in
economic resources and poverty, especially in the rural areas.

Recommendations to overcome the Challenges:

 Strengthening the Legal System:Obtain a system to reform the law, getting speedy
justice as well as clearing up any remaining backlog in the courts.
 Law Enforcement : It includes accountability by subjecting the personnel to
auditing, human rights training, and anti-corruption measures.
 Promoting Human Rights Education :Conduct awareness campaigns and integrate
human rights education in all schools and universities.
 Improving Governance: Increase transparency and accountability to the public
institutions to stem the tide of corruption.
 Support of Human Rights Association: Increase resources and autonomy of human
rights organizations that monitor and advocate for their victims.
 Addressing Violence: Laws as well as their enforcement need to be robust and
protective of victims' rights.

Conclusion:

The Constitution of Bangladesh provides a strong legal framework for the protection of
human rights, but challenges as corruption, political instability and weak governance which
disturb the full corpus of the rights. Such improvements in the judiciary, governance and
support for human rights bodies will help Bangladesh realize the goal of protecting human
rights for all citizens.
References :

1.Constitution of Bangladesh (1972).

2.Ahmed, S. (2020). Provisions and Practices of Human Rights in Bangladesh. Asian Journal
of Social Sciences, 12(3), 45-58.

3.Rashid, H. (2018). Human Rights in Bangladesh: Implementation and Challenges. Dhaka

University Press.

4.Rahman, S. (2020). Challenges in the Implementation of Human Rights in Bangladesh.

Asian Human Rights Review, 13(2), 45-59.

5.Alam, K. (2019). Recommendations for Improving Human Rights Protection in

Bangladesh. Human Rights Journal, 8(1), 24-36.