Equality before the Law and Non-discrimination:
Article 27 of the Constitution says that all citizens are equal
before the law and are entitled to equal protection of the
law. Article 28 spells out the principle of non-discrimination
in the following words: “[…] the State shall not discriminate
against any citizen on grounds only of religion, race, caste,
sex, or place of birth.” These provisions in the Constitution
reflects Article 2 of the ICCPR that provides that State parties
undertake to respect and ensure to all individuals within its
territory the rights recognised in the Covenant without
discrimination on the grounds of race, colour, sex, language,
religion, political or other opinion, national or social origin,
property, birth, or other status.
The grounds spelt out in the ICCPR are more expansive than
that in the Constitution. For example, ‘national origin’ is not
necessarily covered by ‘place of birth,’ nor is ‘language’
mentioned in the Constitution as ground for discrimination.
The Constitution does not mention political discrimination
either.57 The list of grounds in the ICCPR is theoretically left
open. The phrase – ‘such as’ – indicates that one can add to
the list of possible grounds as long as they are consistent
with the others. The list in the Constitution is exhaustive, but
the classification made by the Parliament in its legislation has
57
See, anonymous, “Comparison between the International Covenant on Civil
and Political Rights and the Constitution of Bangladesh,” in Human Rights in
Bangladesh: A Study of Standards and Practices (Dhaka: BILIA, 2001), 17–18.
58
Ibid, 18.
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