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Understanding Human Rights in Bangladesh

Human rights are inherent to all human beings and protect fundamental freedoms and dignity. They include rights like the right to life, liberty, non-discrimination, and others. The United Nations has outlined 30 core human rights. In Bangladesh, human rights are enshrined in the constitution and courts have upheld rights in landmark cases. The UN works to uphold the rights of older people through principles addressing independence, participation, care, self-fulfillment, and dignity.

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0% found this document useful (0 votes)
14 views4 pages

Understanding Human Rights in Bangladesh

Human rights are inherent to all human beings and protect fundamental freedoms and dignity. They include rights like the right to life, liberty, non-discrimination, and others. The United Nations has outlined 30 core human rights. In Bangladesh, human rights are enshrined in the constitution and courts have upheld rights in landmark cases. The UN works to uphold the rights of older people through principles addressing independence, participation, care, self-fulfillment, and dignity.

Uploaded by

Didar Ahmed
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© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Human Rights

The word “human” evolved from latin word “humanus” which means “any view in which
interest of human welfare is central.
⦁ Generally--Human rights which are typically called natural rights of man and those
rights that are inherent in human person and without which a man can not live as human
being.

⦁ According to UNITED NATION---Human rights are rights inherent to all human


beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other
status.

⦁ According to UNISEF---Human rights are standards that recognize and protect the
dignity of all human beings. Human rights govern how individual human beings live in
society and with each other, as well as their relationship with the State and the
obligations that the State have towards them.
⦁ According to Wikipedia--Human rights are moral principles or norms for certain
standards of human behaviour and are regularly protected in municipal and international
[Link] are commonly understood as inalienable, fundamental rights "to which a
person is inherently entitled simply because she or he is a human being" and which are
"inherent in all human beings", regardless of their age, ethnic origin, location, language,
religion, ethnicity, or any other status.

Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution of BD.

Famous Case laws in Bangladesh about Human Rights


(1) Citizenship Case: Bangladesh Vs. Professor Golam Azam and others(46 DLR AD 1994 192)-
''it held that Citizenship is neither conferred by giving a passport nor it is acquired by
receiving a passport. It may only be a travel document.''
(2) In Farzana Haq v Government of Bangladesh, (1991)11 BLD 553-
''It decided that the detention was illegal and the detainee should be set at liberty
forthwith.''
(3) Bilkis Akter Hossain v. Government of Bangladesh, (1997) 17 BLD (HCD) 344
''The Court opined that to detain a person without due adhering to due course of law is
a violation of the fundamental rights ensure by our constitution.''

Characterastics of Human Rights


⦁ (1) They are essential for every human being.
⦁ (2)The human rights are universal.
⦁ (3) Inherent – Human Rights are inherent because they are not granted by any person or
authority.
⦁ (4) Fundamental – Human Rights are fundamental rights because without them, the life
and dignity of man will be meaningless.
⦁ (5) Inalienable – Human Rights are inalienable because:
a. They cannot be rightfully taken away from a free individual.
b. They cannot be given away or be forfeited.

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⦁ (6) These are Imprescriptible
⦁ (7) Indivisible – Human Rights are not capable of being divided. They cannot be denied
even when other rights have already been enjoyed.
⦁ (8) Interdependent – Human Rights are interdependent because the fulfillment or
exercise of one cannot be had without the realization of the other.
⦁ (9) They are unconditional

30 human rights according to Universal Declaration of Human Rights (UDHR) by


United Nations, signed in Paris on 10 December 1948-
[Link] human beings are born free and equal in dignity and rights.
2. No discrimination based on race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
3. Right to life-Everyone has the right to life, liberty and security of person.
4. No slavery or servitude;
5. No torture and inhuman treatment
6. Same right to use law
7. Equal before the law
8. Right to treated fair by court
9. No one shall be subjected to arbitrary arrest, detention or exile.
10. Right to trial
11. Innocent until proved guilty
12. Right to privacy
13. Freedom to movement and residence
14. Right to asylum
15. Right to nationality
16. Rights to marry and have family
17. Right to own things-No one shall be arbitrarily deprived of his property.
18. Freedom of thought and religion
19. Freedom of opinion and expression
20. Right to assemble
21. Right to democracy
22. Right to social security
23. Right to work
24. Right to rest and holiday
25. Right of social service and the same social protection.
26. Right to education
27. Right of cultural and art
28. Freedom around the world
29. Subject to law
30. Human rights can’t be taken away.

So, those are all Universal Declaration of Human Rights list by United Nations General
Assembly. All universal human rights list above commonly known as 30 basic human rights that
must be respected and protected by the law.

Mesurement or Initiative of United Nation for Older People


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United Nations works for the Universal Human Rights. According to the duty UN takes
some initiatives to preserve the Human Rights of Older people in World wide. Thes are
given bellow:-

In 1991, the General Assembly adopted the United Nation Principles for Older Persons.
The principles for Older person are framed as 18 entitlements that Older Person should have.
These are organaised into five areas relating to the status of the Older persons-(Independence ,
Participation, Care , Self fulfillment, and Dignity).

Independence
1. Older persons should have access to adequate food, water, shelter, clothing and health care
through the provision of income, family and community support and self-help.

2. Older persons should have the opportunity to work or to have access to other income-
generating opportunities.

3. Older persons should be able to participate in determining when and at what pace withdrawal
from the labour force takes place.

4. Older persons should have access to appropriate educational and training programmes.

5. Older persons should be able to live in environments that are safe and adaptable to personal
preferences and changing capacities.

6. Older persons should be able to reside at home for as long as possible.

Participation
7. Older persons should remain integrated in society, participate actively in the formulation and
implementation of policies that directly affect their well-being and share their knowledge and
skills with younger generations.

8. Older persons should be able to seek and develop opportunities for service to the community
and to serve as volunteers in positions appropriate to their interests and capabilities.

9. Older persons should be able to form movements or associations of older persons.

Care
10. Older persons should benefit from family and community care and protection in accordance
with each society's system of cultural values.

11. Older persons should have access to health care to help them to maintain or regain the
optimum level of physical, mental and emotional well-being and to prevent or delay the onset of
illness.

12. Older persons should have access to social and legal services to enhance their autonomy,
protection and care.

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13. Older persons should be able to utilize appropriate levels of institutional care providing
protection, rehabilitation and social and mental stimulation in a humane and secure environment.

14. Older persons should be able to enjoy human rights and fundamental freedoms when residing
in any shelter, care or treatment facility, including full respect for their dignity, beliefs, needs and
privacy and for the right to make decisions about their care and the quality of their lives.

Self-fulfilment
15. Older persons should be able to pursue opportunities for the full development of their
potential.

16. Older persons should have access to the educational, cultural, spiritual and recreational
resources of society.

Dignity
17. Older persons should be able to live in dignity and security and be free of exploitation and
physical or mental abuse.

18. Older persons should be treated fairly regardless of age, gender, racial or ethnic background,
disability or other status, and be valued independently of their economic contribution.

Universal Declaration of Human Rights for Older Peoples:


Article 25 (1)-- Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Under the Bangladesh Constitution

Article-15(d)-- the right to social security, that is to say, to public assistance in cases of
undeserved want arising from unemployment, illness or disablement, or suffered by widows or
orphans or in old age, or in other such cases.

Common questions

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The United Nations principles for older persons align with the broader philosophy of universal human rights by emphasizing dignity, independence, and active participation in society. These principles advocate for the right to adequate living conditions, healthcare, and opportunities for personal development, which mirror the universal human rights to life, freedom, and security of person . By categorizing these rights under independence, participation, care, self-fulfillment, and dignity, the principles emphasize the holistic approach of the universal human rights framework, ensuring that older individuals can lead autonomous and valued lives . These alignments highlight a commitment to inclusivity and equality, furthering the universal mandate of human rights for all age groups .

Human rights being imprescriptible means they do not lapse over time, ensuring continuous applicability regardless of changes in societal or legal contexts. Being unconditional implies that these rights are not subject to any preconditions or exclusions. These characteristics demand that legal systems uphold these rights consistently, providing protection through enduring legal frameworks that do not allow for expiration or circumstantial negation of rights . This permanence and universality reinforce the foundational basis for laws and policies aimed at safeguarding human rights, compelling states to integrate these principles into all aspects of governance .

The inalienable and indivisible nature of the UDHR underscores its integral role in safeguarding human dignity and equality universally. Inalienability prevents anyone from rightfully relinquishing these rights or having them taken away, ensuring persistent protection for all individuals regardless of circumstances or governance changes . Indivisibility signifies that all rights are equally important and interrelated; neglecting one could weaken the realization of others. This comprehensive perspective promotes systemic respect and universal enforcement, facilitating robust legal and social structures to preserve dignity and justice on a global scale .

The concept of human rights being inherent is grounded in the philosophical belief that these rights arise from the intrinsic dignity of the human person, not granted by external authority . This philosophy asserts that human beings possess certain rights by virtue of their existence, reinforcing the concept of natural rights. This doctrine influences international human rights laws by establishing a moral basis for these rights beyond legal enactments, thus guiding the development and interpretation of human rights instruments globally. It ensures that international laws prioritize the dignity and intrinsic value of individuals above state interests or social constructs, embodied in documents like the UDHR .

Human rights are characterized as universal, inalienable, and inherent, ensuring that they apply to every individual without distinction. Their universality is rooted in the principle that all human beings are entitled to these rights simply by virtue of being human, disregarding factors such as race, nationality, or religion . The inalienable nature means these rights cannot be taken away arbitrarily or given up by individuals, which strengthens their protection. Furthermore, their interdependence emphasizes that the fulfillment of one right often supports the realization of others, promoting a holistic approach to human rights protection .

The right to social security is addressed by the United Nations through Article 25 of the UDHR, which guarantees an adequate standard of living, including access to social services in events such as unemployment and old age . Similarly, Bangladesh's Constitution Article-15(d) enshrines public assistance in cases of undeserved want due to socio-economic factors like unemployment and disability . These legal frameworks aim to protect vulnerable populations by ensuring basic subsistence and human dignity amid socio-economic challenges. However, the effectiveness of these protections relies heavily on implementation mechanisms, financial resources, and governance structures, impacting the real-world efficacy of these legal guarantees .

Human rights are considered interdependent because the exercise of one right often relies on the fulfillment of others. For example, the right to health care is closely linked to the right to adequate living conditions, as poor living conditions can negatively impact health. This interdependence implies that protecting and realizing one right can lead to advancements in other rights, ensuring a comprehensive approach towards human dignity and equality .

The case laws from Bangladesh, such as Bangladesh Vs. Professor Golam Azam and Farzana Haq v Government of Bangladesh, illustrate the judicial system's commitment to upholding constitutional principles of fundamental rights. For instance, emphasizing that citizenship is not conferred merely through passport distribution reflects a deeper understanding of legal and inherent human rights . The declaration of detentions as illegal in certain cases underscores the country's dedication to protecting individual freedom and against arbitrary state actions, resonating with the fundamental constitutional ethos. These cases affirm the dynamic relationship between constitutional provisions and practical human rights applications, validating the legal system's role in maintaining human dignity and justice .

The right to a fair trial is a fundamental human right integral to maintaining justice, ensuring legal processes are conducted impartially and without prejudice . This right interacts with other human rights, such as the right to freedom, protection from arbitrary detention, and equality before the law, creating a robust network of rights that collectively safeguard individual liberty and justice. The interaction between these rights ensures a comprehensive legal framework that protects against potential abuses of power and upholds the rule of law. This is crucial for justice systems worldwide as it maintains public confidence in legal institutions and supports democratic principles by enforcing accountability and transparency in judicial processes .

Non-discrimination is a foundational human right that ensures equitable treatment across all segments of the population, regardless of race, gender, religion, or other identifiers . Its applicability across diverse groups aims to dismantle barriers to equality, fostering inclusivity and social cohesion. However, implementation challenges arise due to systemic biases, entrenched social norms, and varying interpretations of discrimination in different cultural contexts. These obstacles necessitate targeted policies and continuous monitoring to ensure equal access to opportunities and justice across all demographic lines. Addressing these challenges requires a dynamic, context-sensitive approach that acknowledges local complexities while adhering to universal human rights standards .

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