1. Constitutional References Applicable to Human Rights Protection

Various articles of the Constitution of Bangladesh play a direct and vital role in protecting human rights. Key articles include:

  • Article 102 – Writ Jurisdiction of High Court Division: A crucial article empowering the High Court Division to issue writs against violation of citizens' rights. Human rights organizations often file Public Interest Litigations (PIL) under this article.
  • Article 27 – Equality Before Law: Establishes that all citizens are equal before the law, and no government employee is above the law.
  • Article 31 – Right to Protection by Law: Constitutes the foundation of rule of law and constitutional guarantee of justice.
  • Article 32 – Right to Life and Personal Liberty: Provides constitutional protection to life and personal liberty, and is the main legal basis against illegal detention, police torture, or death in custody.

2. Important Judgments of Bangladesh Supreme Court

Various rulings on human rights in Bangladesh set significant precedents:

  • Public Interest Litigation:
    BLAST v. Government of Bangladesh (WP No. 2806/2009) - Establishing NGOs' right to approach court.
    ASK v. Government of Bangladesh (WP No. 5863/2009) - NGOs’ role against violence on women and children.
  • Constitutional Cases:
    Dr. Mohiuddin Farooqui v. Bangladesh (WP No. 998/2008) - Judicial review of government decisions.
    Secretary, Ministry of Information v. Bangladesh (WP No. 7146/2008) - Right to information.
  • Human Rights Related:
    HRPB v. Government of Bangladesh (WP No. 3806/2011) - PIL protecting rights of the poor.
    Foundation for the People v. Bangladesh (WP No. 4180/2012) - NGO legal action for health rights.

3. International Legal References

Notable cases and laws from different countries include:

  • Indian Supreme Court:
    D.K. Basu v. State of West Bengal (1997) - Guidelines to prevent police torture.
    Maneka Gandhi v. Union of India (1978) - Broad interpretation of fundamental rights and 'Due Process'.
    S.P. Gupta v. Union of India (1981) - Foundation of PIL.
    Bandhua Mukti Morcha v. Union of India (1984) - Workers’ liberation and NGO recognition.
  • United Kingdom Law:
    Human Rights Act 1998 - Incorporates European Convention on Human Rights.
    Senior Courts Act 1981 - Framework for judicial review.
    Council of Civil Service Unions v. Minister (1985) - Limits on challenging government decisions.
  • South African Precedents:
    Treatment Action Campaign v. Minister of Health (2002) - NGO lawsuits for health rights.
    Grootboom Case (2001) - Right to housing and government obligations.
  • Supreme Court of Canada:
    Singh v. Minister of Employment (1985) - Right to due process.
    Big M Drug Mart Ltd. Case (1985) - Religious freedom and constitutional rights protection.

4. International Human Rights Law References

  • United Nations Covenants:
    Universal Declaration of Human Rights (1948) - Rights to fair trial and effective remedy.
    International Covenant on Civil and Political Rights (1966) - Legal equality and judicial rights.
    International Covenant on Economic, Social and Cultural Rights (1966) - State responsibilities and rights implementation.
  • Regional Agreements:
    European Convention on Human Rights (1950) - Guarantees fair trial and remedies.
    American Convention on Human Rights (1969) - Right to judicial protection.

5. Relevant Laws of Bangladesh

  • Human Rights Related Laws:
    National Human Rights Commission Act, 2009
    Right to Information Act, 2009
    Prevention of Women and Child Repression Act, 2000 (amended 2003)
  • Administrative Laws:
    Supreme Court Act, 2000
    Administrative Tribunal Act, 2000
    Anti-Corruption Commission Act, 2004
  • NGO Regulation Laws:
    NGO Bureau Act, 1990
    Foreign Donation (Voluntary Activities) Regulation Act, 2016

6. Important Judgments of the European Court of Human Rights

  • Soering v. United Kingdom (1989): State responsibility in human rights violations.
  • Airey v. Ireland (1979): Right to effective legal remedy.

7. International Court of Justice Precedent

  • Avena and Other Mexican Nationals (Mexico v. USA): Consular access and protection from human rights violations.

8. Expert Opinions and Research References

  • "Constitutional Law of Bangladesh" – Dr. Shahdeen Malik
  • "Human Rights in Bangladesh" – Professor Asif Nazrul
  • "Public Interest Litigation in South Asia" – M.P. Singh

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