Judicial enforceability of economic, social and cultural rights in Bangladesh : a critical evaluation

Nour Mohammad; Sayed M. M. Hasan

doi:10.1163/15718158-23010003

Judicial enforceability of economic, social and cultural rights in Bangladesh : a critical evaluation

Nour Mohammad
, Sayed M. M. Hasan

Western Sydney University

Research output: Contribution to journal › Article › peer-review

1 Citation (Scopus)

Abstract

The implementation of economic, social and cultural rights (esc rights) continues to pose uncertainties in the modern world. Given that many states constitutionally treat such rights as aspirational and not justiciable, it is difficult to enforce them judicially at the domestic level. Bangladesh has embodied these rights in Part ii of its Constitution as a social welfare goal of the State. This article takes Bangladesh as a case study and examines the international legal framework for the implementation of esc rights at the domestic level. Making a comparison with other jurisdictions, such as India and South Africa, the article examines the approach of the judiciary of Bangladesh (the Supreme Court) in giving effect to these rights. Lastly, the article argues that the court should devise appropriate and effective enforcement mechanisms for these rights.

Original language	English
Pages (from-to)	80-106
Number of pages	27
Journal	Asia Pacific Journal on Human Rights and the Law
Volume	23
Issue number	1
DOIs	https://doi.org/10.1163/15718158-23010003
Publication status	Published - 2022

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Publisher Copyright:
© Koninklijke Brill NV, Leiden, 2022

Open Access - Access Right Statement

This is an open access article distributed under the terms of the CC BY 4.0 license (https://creativecommons.org/licenses/by/4.0/).

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This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 1 No Poverty

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10.1163/15718158-23010003

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Judicial enforceability of economic, social and cultural rights in Bangladesh : a critical evaluation

Abstract

Bibliographical note

Open Access - Access Right Statement

UN SDGs

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