Regulating the Unregulated Domestic Works by Children
Md. Rizwanul Islam*
Background:
As a vulnerable group, children are entitled to special rights and care and such
entitlements are guaranteed in major international human rights instruments such as the
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, 1966 and the International Covenant on Economic, Social and Cultural
Rights, 1966.1 It would appear that the Government of Bangladesh is acutely aware of its
international legal obligations regarding the protection and promotion of the rights of
children as enshrined in these instruments. Hence, following the independence of
Bangladesh, the Children Act, 19742 was passed and subsequently the National Children
Policy, 1994 was adopted and the National Action Plan for Children 2005-2010 was
taken up. A number of policies adopted in the recent past such as the National Child
Labour Elimination Policy, 2010, and the National Children Policy, 2011 would also
bear testament to the Government’s recognition of the need for upholding the rights of
children.
However, if we scratch beneath the surface, we would easily find that despite a
plethora of policies designed to protect the rights of children, these rights are often
neglected in Bangladesh. As an economically backward country, Bangladesh has
*Assistant Professor, School of Law, BRAC University; Ph.D., Macquarie University; LL.M. (Intellectual
Property and Technology Law), National University of Singapore; LL.B. (Honours), University of Dhaka;
E-mail: rizwanuli@alumni.nus.edu.sg. The author gratefully acknowledges the able research assistance of
Naimul Muquim, Farhaan Uddin Ahmed, and Syed Mehedi Hasan which has helped him substantially in
preparing this study report. The usual disclaimer applies.
1
See Universal Declaration on Human Rights, 1948, GA Res 217A (III), UN GAOR, 3rd sess, 183 rd plen
mtg, UN Doc A/810 (10 December 1948), Article 25(2); the International Covenant on Civil and Political
Rights, 1966 opened for signature 16th December 1966, 999 UNTS 171 (entered into force 23rd March,
1976) Article 24(1); and the International Covenant on Economic, Social and Cultural Rights, 1966 opened
for signature 16th December 1966, 993 UNTS 3 (entered into force 3 rd January 1976) Article 10.
2
Act No. XXXIX of 1974 (repealed by Act No. 24 of 2013), for a comprehensive analysis of the Act, see
Shahdeen Malik, The Children Act, 1974: A Critical Commentary (Dhaka: Save the Children UK, 2004).
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