This research paper will be helpful to enforce Economic, Social and Cultural rights throughout instructive and suggestive way and also be helpful to identify the gross violation of economic, social and cultural rights.
Furthermore, this paper will be very effective to identify what extend ESC rights is available for the nationals of Bangladesh and people of the world as well. In this paper, I tried the best to put here why enforcement of ESC rights is not possible exhaustively and what is the limitation in that regard. This paper is the analytical outcome of various research paper, books, and many legal instruments which was constituted in earlier time. This thesis also provides the decision to being actively promoting and depending Economic, Social and Cultural rights.
Table of Contents
1. Introduction
2. Historical approach and development of ESC rights
2.1 Background
2.2 Gradual progress of ESC rights
3. ESC rights in the present world
3.1 Formal recognition of ESC rights
3.1.1 Domestic recognition
3.1.2 International recognition
3.2 Informal recognition of ESC rights
4. ESC rights in Bangladesh
4.1 Constitutional laws
4.2 Fundamental principle of state policy
4.3 ESC rights and CP rights
4.4 Real scenario of ESC rights
4.5 Restriction to the enforcement of ESC rights
5. International laws and agreements
6. Justiciability
7. Way out to enforce ESC rights
7.1 Judicial enforcement of ESC rights
7.2 Application of international jurisprudence
7.3 Enforcement of international agreements on ESC rights
7.4 Increase the working facilitation for NGOs
8. Recommendation
9. Conclusion
Research Objectives and Themes
This research aims to analyze the current status of Economic, Social, and Cultural (ESC) rights within the legal framework of Bangladesh, identifying the challenges to their enforcement and proposing potential pathways for effective implementation.
- The comparative analysis of international legal instruments vs. national implementation.
- The distinction between justiciable civil/political rights and the non-enforceable nature of ESC rights in Bangladesh.
- The impact of constitutional law and state policy principles on human rights realization.
- The role of international jurisprudence and NGOs in advocating for social and economic justice.
Excerpt from the Book
3.2 Informal recognition of ESC rights
Informal recognition includes the right which are non-legal and also includes work encompassed by non-governmental organization (NGO) and advocates in both domestic and international contexts. In term of informal recognition, there is no binding enforcement regarding Economic, Social and Cultural rights it just depends up to the willing of the Government of the state or international authority. On the other hand, when local Government or international authority becomes unwilling or unable to provide ESC rights then informal actors intervene. This is the great matter of regrets the, in many country there in many resource to ensure Economic, Social and Cultural rights or they have well facilities to do so but still they did not incorporate those rights to their legal instruments.
Although, non-legal or non-binding Economic, Social and Cultural rights are prevails in many country, some of them provide it as temporary basis with the willing of Governmental inaction. In that context, I strongly disagree with the temporary basis ESC rights when the Government provides it to its supporter or any authority to take any illegal advantage from them. This is the great violation of human rights and the people are victim of discrimination. In that case, informal recognition does not ensure the equal protection of law and equal fulfilment of Economic, Social and Cultural rights. Rather, incorporation of Economic, Social and Cultural rights to the state constitution is more effective and create a stander level for ensuring justice though there is limitation of available resource.
Summary of Chapters
1. Introduction: Discusses the inherent nature of human rights, emphasizing the interconnectedness of Economic, Social, and Cultural rights with Civil and Political rights for sustainable development.
2. Historical approach and development of ESC rights: Traces the evolution of these rights from industrial revolution-era labor struggles to the post-World War II establishment of international human rights frameworks.
3. ESC rights in the present world: Analyzes the dichotomy between formal (legal/constitutional) and informal recognition of rights, noting that domestic incorporation is vital for true enforceability.
4. ESC rights in Bangladesh: Evaluates the Bangladeshi constitutional framework, highlighting that while ESC rights are referenced, they remain largely unenforceable as mere directive principles of state policy.
5. International laws and agreements: Examines key global instruments like the ICESCR and CEDAW, discussing their role in establishing standards and the limitations of their enforcement at the state level.
6. Justiciability: Defines the requirements for justiciable ESC rights, specifically the need for independent and impartial bodies to review and address human rights violations.
7. Way out to enforce ESC rights: Suggests practical strategies, including stronger judicial mechanisms, the application of international jurisprudence, and increased freedom for NGOs.
8. Recommendation: Provides specific policy proposals, such as constitutional amendments and better financial assistance policies, to improve the enforcement of ESC rights in Bangladesh.
9. Conclusion: Summarizes that ESC rights have historically been treated as "poor relations" and argues that they must be legally integrated and protected to ensure human dignity.
Keywords
Economic Social and Cultural Rights, ESC, Human Rights, Bangladesh, Constitution, Justiciability, Enforcement, International Covenant, Civil and Political Rights, Constitutional Law, NGOs, Legal Instruments, Judiciary, Development, Social Security.
Frequently Asked Questions
What is the core focus of this research?
This research investigates the legal and practical obstacles preventing the enforcement of Economic, Social, and Cultural (ESC) rights in Bangladesh, comparing them with Civil and Political rights.
What are the primary thematic areas covered?
The paper covers the historical evolution of human rights, the difference between formal and informal legal recognition, the Bangladeshi constitutional framework, and international human rights agreements.
What is the main research objective?
The objective is to identify a clear roadmap for the effective application of ESC rights in Bangladesh by proposing institutional and legal reforms that move these rights from policy guidelines to enforceable laws.
Which scientific methodology is applied?
The study utilizes both qualitative and quantitative methods, drawing on primary data from surveys and observations, and secondary data from international legal documents, journals, and official reports.
What is covered in the main body of the work?
The main body examines the current constitutional status of ESC rights in Bangladesh, the role of international jurisprudence, the justiciability of these rights, and the crucial work of NGOs in advocating for vulnerable populations.
Which keywords characterize this paper?
Key terms include ESC rights, Justiciability, Constitution of Bangladesh, Human Rights, and International Covenant on Economic, Social and Cultural Rights (ICESCR).
Why are ESC rights currently non-enforceable in Bangladesh?
According to the author, they are categorized as Fundamental Principles of State Policy rather than enforceable Fundamental Rights, and there is a lack of political will and specific legal mechanisms to protect them.
How does the author view the role of NGOs?
The author argues that NGOs are essential for reporting violations and providing legal aid, but warns that restrictive state regulations often hinder their ability to effectively advocate for human rights.
What is the author's argument regarding informal recognition?
The author argues against relying on informal recognition, stating that it lacks the binding nature required to hold governments accountable and fails to create a civilized society.
What specific constitutional reform does the author suggest?
The author recommends elevating ESC rights from "Fundamental Principles of State Policy" to "Fundamental Rights" within the Constitution of Bangladesh to make them judicially enforceable.
- Citation du texte
- Kutub Uddin (Auteur), 2017, Enforcing economic, social and cultural rights from the perspective of Bangladesh, Munich, GRIN Verlag, https://www.grin.com/document/455393
