International Covenant On Civil and Political Rights (ICCPR) 1
International Covenant On Civil and Political Rights (ICCPR) 1
International Covenant On Civil and Political Rights (ICCPR) 1
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.