International Covenant on Civil and Political Rights (ICCPR)

1. A brief history of the ICCPR:

In the end of World War II, in April 1945, delegates from the allied powers gathered in San Francisco for the
founding conference of the United Nations. The goal of this conference was to create an organization to
prevent future aggression, assure the stability of frontiers, and provide a means for resolving disputes among
nations.
The final draft of the United Nations Charter reflects a notable departure from the Dumbarton Oaks
proposals and marks the shift of focus of international law from the nation state to the individual. The United
Nations Charter declares, inter alia, that the peoples of the United Nations . . . determined to reaffirm faith in
fundamental human rights, in the dignity and worth of the human person, [and] in the equal rights of men and
women of nations large and small.
The United Nations Commission on Human Rights was the first true international body empowered to promote
all the human rights of all the worlds people. Sixteen member states were represented at the first session of
the Human Rights Commission on February 10, 1947, chaired by Eleanor Roosevelt. Many of the discussions
stemming out of the Human Rights Commission meetings formed the basis for later binding covenants.
The Universal Declaration of Human Rights is not legally binding on states parties. To codify the rights
embodied in the UDHR, two treaties would be created: The International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
These two documents would form the basis of the International Bill of Human Rights. In 1950, the General
Assembly declared the enjoyment of civil and political freedoms and of economic, social and cultural rights
are interconnected and interdependent. The Human Rights Commission completed preparation of the draft
of the ICCPR at its ninth and tenth sessions, in 1953 and 1954.
On December 16, 1966, the United Nations General Assembly unanimously adopted the ICCPR. The ICCPR took ten
years to enter into force on March 23, 1976.
2. The rights protected under the ICCPR:
Article 1: Right of self-determination:
All peoples have the right of self-determination. By virtue of that right they freely determine their political
status and freely pursue their economic, social and cultural development.
All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to
any obligations arising out of international economic co-operation, based upon the principle of mutual benefit,
and international law. In no case may a people be deprived of its own means of subsistence.
The States Parties to the present Covenant, including those having responsibility for the administration of
Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and
shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Article 6 Right to life, Article 14: and the right to fair trial, Article 7: Prohibition of torture, Article 9:
Right to liberty and security of persons, Article 18: Right to freedom of thought, conscience & religion,
Article 19: Freedom of speech and expressions, Article 21: Right to peaceful assembly, Article 22:
Freedom of association,
3. Enforcement OF ICCPR:
A legal saying is that for every right, there is a remedy. The ICCPR can be enforced in the following ways:
Municipal and national courts
States that have ratified the International Covenant on Civil and Political Rights (ICCPR) have agreed to
ensure that people whose rights have been violated have an effective remedy, that is, some sort of mechanism
that they can use to enforce their right. The ICCPR does not specify how this mechanism should work because
all states have different legal systems. A state may create laws and institutions in any way it sees fit, provided
that human rights are protected.
Un human rights committee (UNHRCM)
The UNHRC was established by the ICCPR. The UNHRC is made up of 18 independent experts, who monitor
signatory states compliance with the ICCPR by examining State Reports and petitions from individuals.
State Reports
States submit every five years in accordance with Article 40 of the ICCPR.
The UNHRCm reviews the reports, meets with delegations, and provides positive and negative feedback
known as Observations.
 NGOs can assist states in preparing their State Reports and can submit shadow reports, outlining additional
issues.
Shadow reports are vital in helping the UNHRCm to form a balanced opinion, as the UNHRCm has no
opportunity to conduct investigations on the ground or verify states claims.
4. Status of implementation of the ICCPR by Bangladesh:
Bangladesh ratified the International Covenant on Civil and Political Rights (ICCPR) on 6th September 2000.
In the last sixteen years, Bangladesh has not even submitted its Initial Report to the United Nations Human
Rights Committee.
The following is a glimpse of the rights incorporated in the Constitution in light of the ICCPR.
A. Right to Life: Article 31 of the Constitution guarantees the right to life and personal liberty.
B. Equality before Law and Non-discrimination: Article 27 of the
C. Safeguard as to Trial and Punishment: Article 35,
D. Freedom of Assembly and Association: Article 36.
E. Freedom of Expression: Article 39
F. Freedom of Religion: article 41
The International Covenant on Economic, Social and Cultural Rights (ICESCR)
1. A brief history of the ICESCR: The International Covenant on Economic, Social and Cultural Rights
(ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966,
and in force from 3 January 1976. It commits its parties to work toward the granting of economic, social, and
cultural rights (ESCR) to the Non- Self-Governing and Trust Territories and individuals, including labor rights
and the right to health, the right to education, and the right to an adequate standard of living. As of 2015, the
Covenant has 164 parties. A further six countries, including the United States, have signed but not ratified the
Covenant. The first document became the International Covenant on Civil and Political Rights, and the second
the International Covenant on Economic, Social and Cultural Rights. The drafts were presented to the UN
General Assembly for discussion in 1954, and adopted in 1966, 3 January 1976: entered into force.
2. The rights protected under the ICESCR:
Article 1 self-determination: All peoples have the right of self-determination. By virtue of that right they
freely determine their political status and freely pursue their economic, social and cultural development.
All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to
any obligations arising out of international economic co-operation, based upon the principle of mutual benefit,
and international law. In no case may a people be deprived of its own means of subsistence. The States Parties
to the present Covenant, including those having responsibility for the administration of Non-Self-Governing
and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that
right, in conformity with the provisions of the Charter of the United Nations.
Article 3 Equality between men and women in the enjoyment of these rights, Article 6 The right to work,
Article 7 Right to just and safe working conditions, fair wages, equal opportunities, Article 8 The right
of everyone to form or join trade unions, Article 9 The right to social security, Article 10 The right to
family protections, Article 11 Adequate standard of living, Article 13 The right to education.
3. The legal Status of ICESCR: It is a central principle of the Covenant that states undertake to achieve
the full protection of the Covenant rights by way of progressive realization, rather than with full and immediate
effect. Article 2.1 of the Covenant states that Each State Party to the present Covenant undertakes to take
steps to the maximum of its available resources, with a view to achieving progressively the full realization
of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption
of legislative measures. There is no obligation on States Parties to the ICESCR to incorporate the Covenant
in domestic law. A States legal obligations are discharged once it has ensured the protection of the Covenant
rights, by whatever means. The CESCR maintains, however, that incorporation of the Covenant rights in the
domestic legal order is the most effective means of realizing the Covenant rights. ICESCR General Comment
No 9 on the Domestic Application of the Covenant states that While the Covenant does not formally oblige
States to incorporate its provisions in domestic law, such an approach is desirable. Direct incorporation avoids
problems that might arise in the translation of treaty obligations into national law, and provides a basis for the
direct invocation of the Covenant rights by individuals in national courts.
4. Reflection of ICESCR in the Constitution of Bangladesh: Bangladesh has ratified ICESCR on 5
October 1998. Many ICESCR rights has been reflected in the constitution of Bangladesh.
 No discrimination about the rights (ICESCR-2(2), 3), (BD Constitution 28).
Right to education (ICESCR 13), (BD Constitution 17).
social security (ICESCR 6,9), (BD Constitution 15(d)).
Participation in cultural life (ICESCR 15), (BD Constitution 23).
Effective remedy for the violation of fundamental rights (ICESCR 5), (BD Constitution 26, 44).
Public health (ICESCR 5), (BD Constitution 18).
The UN convention against torture and other cruel inhuman or degrading
treatment
1. What is Torture?
Torture is the act of deliberately inflicting physical or psychological pain on an organism in order to fulfill some desire
of the torturer or compel some action from the victim.
Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment is the internationally agreed legal definition of torture:
"Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted
on a person for such purposes as obtaining from him or a third person information or a confession. It does not
include pain or suffering arising only from, inherent in or incidental to lawful sanctions."
This definition contains three cumulative elements:
The intentional infliction of severe mental or physical suffering,
By a public official, who is directly or indirectly involved;
For a specific purpose.
2. Historical Background of Convention against Torture
The question of torture or other cruel, inhuman or degrading treatment or punishment was included in the
agenda of the twenty-ninth session of the General Assembly, in 1974, and was submitted for consideration to
the Third (Social, Humanitarian and Cultural) Committee. The Committee, on 22 October 1974, adopted a
draft resolution.
The draft resolution was submitted to the General Assembly and on 6 November 1974. On 5 May 1978, it
approved by the Commission on Human. The text of the Convention was adopted by the United Nations
General Assembly on 10 December 1984 and, it came into force on 26 June 1987. 26 June is now recognized
as the International Day in Support of Victims of Torture, in honor of the Convention.
3. The UN convention against torture and other cruel inhuman or degrading treatment or
punishment and Bangladesh:
Under international law, states parties are required to ensure that their domestic laws are in line with their
obligations under the Conventions. Bangladesh acceded to the CAT on October 5, 1998 but it has taken hardly any
steps to see it implemented. In November 2013, the Torture and Custodial Death (Prevention) Act was passed
in the Parliament, after a prolonged struggle for the enactment of an anti-torture law, finally the term torture
has been criminalized in Bangladesh following the obligations of being a state party to the UN Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Torture is expressly prohibited in Article 35 (5) of the Constitution: No person shall be subjected to torture
or to cruel, inhuman, or degrading punishment or treatment.
Convention on the Elimination of All Forms of Racial Discrimination
1. What is racial discrimination?
Racial discrimination is when a person is treated less favourably than another person in a similar situation
because of their race, colour, descent, national or ethnic origin or immigrant status.
Article 1 of the Convention defines "racial discrimination" as: ...any distinction, exclusion, restriction or
preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of
nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and
fundamental freedoms in the political, economic, social, cultural or any other field of public life.
2. Historical Development of Convention on Racial Discrimination;
Article 1 of the UN Charter includes "promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race" as UN purpose.
In December 1960, the United Nations General Assembly adopted a resolution condemning "all
manifestations and practices of racial, religious and national hatred" as violations of the United Nations
Charter and Universal Declaration of Human Rights and calling on the governments of all states to "take all
necessary measures to prevent all manifestations of racial, religious and national hatred".
The Economic and Social Council followed this up by drafting a resolution on "manifestations of racial
prejudice and national and religious intolerance", calling on governments to educate the public against
intolerance and rescind discriminatory laws. Lack of time prevented this from being considered by the General
Assembly in 1961, but it was passed the next year.
The draft Declaration on the Elimination of All Forms of Racial Discrimination was adopted by the General
Assembly on 20 November 1963. The same day the General Assembly called for the Economic and Social
Council and the Commission on Human Rights to make the drafting of a Convention on the subject an absolute
priority. The draft was completed by mid-1964, but delays in the General Assembly meant that it could not be
adopted that year.
The convention was adopted and opened for signature by the United Nations General Assembly on 21
December 1965, and entered into force on 4 January 1969.
3. Laws against racial discrimination in Bangladesh
Article 28 of the constitution of Bangladesh provides protection against racial discrimination. It says that the
state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
It also says that no citizen shall, on grounds only of religion, race, caste, sex, or place of birth be subjected to
any disability, liability, restriction, or condition with regard to access to any place of public entertainment or
resort, or admission to any educational institution.
Although there is a constitutional prohibition of racial discrimination, but racial discrimination as such is not
explicitly and adequately prohibited and penalized in criminal law. However, the Penal Code of Bangladesh
in sections 295, 295 A, 296, 297 and 298 makes any discrimination based on religion punishable under the
law. Bangladesh became a party to the International Convention on the Elimination of All Forms of Racial
Discrimination by accession on June 11, 1979 and is pledge bound to give full effect to the provisions of the
convention through domestic legislations.
So, this is high time for the Bangladesh government to enact a domestic legislation criminalizing all forms of
racial discrimination
Convention on the rights of the Child
1. History: The UN General Assembly adopted the Convention and opened it for signature on 20 November
1989. It came into force on 2 September 1990, after it was ratified by the required number of nations.
Currently, 196 countries are party to it, including every member of the United Nations except the United
States. Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the
involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children,
child prostitution and child pornography. Both protocols have been ratified by more than 160 states. A third
optional protocol relating to communication of complaints was adopted in December 2011 and opened for
signature on 28 February 2012. It came into effect on 14 April 2014.
2. Convention on the Rights of the Child in Bangladesh Perspective
Bangladesh ratified this convention on 3 August with reservations to article 14 (Adoption) and 21 (Health and
health service). In Bangladesh, the Children Act 1974 which has been substituted by the recent Children Act
2013. In order to comply with the convention. Adoption of the National Plan of Action (NPA), National Water
and Sanitation regulation, Action taken by NAP on Sexual abuse, exploitation and trafficking are the points
of success by Bangladesh.
The committee of the CC applauded the enactment of Prevention of repression against Women and Children
Act, 2000; Acid Act, 2002; the Acid Crimes Prevention Act, 2002 and repealing of the Public Safety Act,
2002. Bangladesh has adopted various projects and measures to ensure children education and also set
minimum, age for criminality (9 years old). Except this Bangladesh adopted provisions for Child Court
which is really commendable.
Status of the CRC in national law
Ratified treaties, including the Convention on the Rights of the Child, do not take precedence over national
law where there is clear domestic legislation on an issue. International law does, however, have persuasive
value, and the CRC has been cited in Bangladeshi courts.
Constitution: Part II of the Constitution of Bangladesh provides a substantial list of non-justiciable rights,
while Part III contains those rights that can be asserted in the courts. Though there are many rights provisions
that apply regardless of age, there are only two that make specific reference to the rights of children:
Non-justiciable:
Art. 17(a): requires the State to adopt effective measures for the purpose of extending free and compulsory
education to all children to such a stage as to be determined by law
Justiciable:
Art. 28(4): allows the State to make special provisions in favor of women and children and for the
advancement of "any backward section of citizens"
The right of the Child rights is ensuring and well protected by the Constitution of Bangladesh by following
articles:
Article 6 Nationality, article 38 Freedom of association, article 39 Freedom of thought and conscience, and of
speech, article 23A the culture of tribes, minor races, ethnic sects and communities, article 41. Freedom of
religion, article 43. Protection of home and correspondence
Legislation: Bangladesh does not have a comprehensive or consolidated act implementing the Convention on
the Rights of the Child; rather, laws relating to children's rights are found throughout a variety of sources.
Relevant legislation includes, but is by no means limited to:
The Children Act 2013
The Suppression of Violence against Women and Children Act 2000 (amended 2003)
The Bangladesh Labor Law 2006
The Acid Crimes Prevention Act 2002
The Disability Welfare Act 2001
The Law and Order Disruption Crimes (Speedy Trial) Act 2002
The Citizenship (Amendment) Ordinance 2008
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
Discrimination against women: the term "discrimination against women" shall mean any distinction,
exclusion or restriction made on the basis of sex which has the effect or propose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil
and any other field.
1. Brief History of CADAW
The Convention was the culmination of more than thirty years of work by the United Nations Commission on
the Status of Women, a body established in 1946 to monitor the situation of women and to promote women's
rights. The Commission's work has been instrumental in bringing to light all the areas in which women are
denied equality with men. The Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) was adopted on 18 December 1979 as a bill of rights for women by the United Nations General
Assembly. The Convention is based on three important principles:
(1) Substantive equality- which covers not only the formal equality of treatment but also a strategy that
evaluates results of gender responsive laws, policies and programmers.
(2) Non-discrimination- the convention defines discrimination and intends to eliminate both intended
(direct) and unintended (indirect) discrimination. The Convention covers actions of all - from the
government to private sectors, from individuals to families and communities but the prime
responsibility lies with the government. This is linked with the third principle.
(3) State obligation under the Convention, the State is to ensure both de jure (legal) and de facto equality
as a result.
2. Implementation of CEDAW Article in Bangladesh in the light of the constitution and domestic Law
Bangladesh ratified CEDAW in 1984. Bangladesh has adopted many women-friendly laws and policies over
the last few decades which include, among others:
 the Women's Development Policy followed by an action plan,
the High Court's directives on sexual harassment and fatwa,
Women and Child Repression Suppression Act,
Domestic Violence (Prevention and Protection) Act.

It is also heartening to note that major policies and planning documents of the government refer to and are
based on provisions of CEDAW (e.g., five-year plans, national perspective plan on post-2015, etc). On the
other hand, the GOB has still retained its reservations on two articles:
i. Article 2, and
ii. Article 16(1c).
Article 2 mandates that state parties ratifying the Convention declare intent to enshrine gender equality into
their domestic legislation, repeal all discriminatory provisions in their laws, and enact new provisions to guard
against discrimination against women.
Article 16 (1c) dictates that state parties shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and, in particular, shall ensure a basis of equality
of men and women.
Article 3: Guarantee of Basic Human Rights and Development of Women
The Constitution of Bangladesh says that women have the same access as the men have in Political processes,
social services, health-care, education, literacy, employment, ownership of property, etc.
Article 4: Temporary Special Measures
The Constitution of the country stipulates that the State may make special provisions for Women and children
article 29 sub-article 3 clause (a). Article 19 sub-article 3 states that the state shall endeavor to ensure equality
of opportunity and participation of women in all spheres of national life.
Article 5: Elimination of Sex Role Stereotyping
Article 28 (1) of the Bangladesh Constitution says that the State shall not discriminate Against any citizen on
the ground of religion, race, sex or place of birth
Article 6: Suppression of Trafficking and Exploitation of Women
The Constitution of the country states that the State shall adopt effective measures to prevent prostitution and
gambling. The Penal Code of 1860 contains provisions regarding kidnapping, which covers trafficking also.
Government has passed some Ordinances/Acts The Suppression of Immoral Trafficking 1983 the Nari O
Shishu Nirjatan Ain was passed in 1995 and amended in 2000. This law is also known as the Women and
Children Repression Prevention Act 2000
Article-7: Elimination of Discrimination against Women in Political and Public life
The Constitution of Bangladesh states that steps shall be taken to ensure participation of women in all spheres
of national life and guarantees thus the equal opportunities and rights for women to participate in politics and
public life.
Article 8: Equal Opportunity for International Representation and Participation
The Constitution of Bangladesh does not discriminate any citizen for participation in the spheres of State and
Public life. There is no specific law in the country women representing the government nationally,
internationally or at international forums. The Government has taken steps to increase womens participation
in international representation
Article 9: Equal rights with regard to Nationality
The Constitution of Bangladesh states that the citizenship of Bangladesh will be regulated and determined by
the law. The Citizenship Ordinance of 2008 (Amendment) has removed this discrimination; now mothers can
transmit their citizenship to their children, even if their husbands are of foreign origin or nationality. This
Ordinance has been turned to an Act in 2009.
Article 10: Equal Rights in the Field of Education
Article 28(3) of the Constitution states that no citizen shall, on the grounds of religion, race, cast, sex or place
of birth can be made subject to any disability, liability, restriction or condition with regard to access to any
place of entertainment.
Article 11: Equal Employment and Training Opportunities
Article 15(b) of the Constitution states that the right to work that is, the right to guaranteed employment at a
reasonable wage having regard to the quantity and quality of work. Article 29 (1) states that there shall be
equality of opportunities for all citizens in respect of employment or office in the service of the Republic.
Article 12: Equality of Access to Health-care
Article 15 (b) of the Bangladesh Constitution ensures the provision of basic necessities of life, including food,
clothing, shelter, education and medical care. Article 18(1) says the State shall regard rising of the level of
nutrition and improvement of public health as amongst its primary duty.
Article 13: Equal Rights with Regard to Economic and Social Benefits
Article 28 (2) states that women shall have equal rights with men in all spheres of the State and of public
life, while Article 19(1) mentions that the State shall endeavor to ensure equality of opportunity to all
citizens.
Article 14: Eliminate Discrimination against Women in Rural Areas
The Bangladesh Constitution says that the State shall adopt effective measures to bring about a radical
transformation in rural areas through promotion of agricultural revolution, provision of rural electrification,
development of cottage and other industries.
Article 15: Equality before the Law and Civil Matters
Article 27 and 28 of the Constitution provides equal rights for women and men in all public spheres. Women
are guaranteed equality with men before the law in all matters except those covered by the personal laws.
Article 16: Equality in Marriage and Family Law
The Constitution of Bangladesh grants equal rights to women and men in all spheres of public life. All citizens
are equal before the law and are entitled to equal protection of law (Articles 27, 28(1), 28(2), 28(3), 28(4),
29(1), 29(2) and 29(3)). The personal laws having basis in the religion however, govern the personal matters
like marriage, divorce, custody of children, inheritance of property.
Regional human rights regimes
Since the Second World War, three regional human rights regimes -- norms and institutions that are accepted
as binding by States -- have been established. Each of these systems operates under the auspices of an
intergovernmental organization or an international political body.
In the case of the European system -- the best of the three -- it is the Council of Europe, which was founded
in 1949 by 10 Western European States to promote human rights and the rule of law in post-Second World
War Europe, avoided a regression into totalitarianism and served as a bulwark against Communism. The
Organization of American States (OAS) was founded in 1948 to promote regional peace, security and
development. In Africa, a human rights system was adopted under the auspices of the Organization for African
Unity (OAU), which was formed in 1963 and transformed in 2002 into the African Union (AU). In each of
the three systems, the substantive norms are set out in one principal treaty.
The Council of Europe adopted its primary human rights treaty in 1950: the European Convention of Human
Rights and Fundamental Freedoms. Incorporating the protocols adopted thereto, it includes mainly "civil and
political" rights, but also provides for the right to property. All 47 Council of Europe members have become
party to the European Convention.
The way in which the principal treaty is implemented or enforced differs in each region. In an evolution
spanning many decades, the European system of implementation, operating out of Strasbourg, France,
developed from a system where a Commission and a Court co-existed to form a single judicial institution. The
European Court of Human Rights deals with individual cases.
OAS adopted the American Convention on Human Rights in 1969, which has been ratified by 24 States. The
American Convention contains rights similar to those in the European Convention but goes further by
providing for a minimum of "socio-economic" rights. In contrast to these two treaties, A dual model is in place
in the Americas, consisting of the Inter-American Commission, based in Washington, D.C., and the Inter-
American Court of Human Rights, based in San Jos, Costa Rica. Individual complainants have to submit
their grievances to the Inter-American Commission first; thereafter, the case may proceed to the Inter-
American Court of Human Rights. The Commission also has the function of conducting on-site visits.
the African Charter, adopted by OAU in 1981, contains justiciable "socio-economic" rights and elaborates
on the duties of individuals and the rights of peoples. All AU members are parties to the African Charter.