The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
derogation from certain fundamental rights, such as, the
provisions relating to torture, slavery, right to life, freedom of
thought and religion, retroactive punishment, and
recognition as a person before the law. In contrast, part IXA
dealing with emergency provisions was added to the
Constitution by the Second Amendment Act of 1973. Article
141A details the procedure to be followed before a
proclamation of emergency can be declared. Article 141B
provides for the suspension of fundamental rights, so that
the freedom of movement, assembly, association,
expression, the right to lawful occupation and enjoyment of
religion may be disregarded by that State in passing a law or
taking executive action during such an emergency period. 71
6. State Practice: Deviations from the
International and National Standards
While there remain gaps in the international and national
standards apropos civil and political rights, the actual state
practices often fall much below both the standards. The
following is a snapshot of such deviations, illustrated by
recent cases of national and international concern.
Right to Life:
Like the ICCPR, the Constitution of Bangladesh also
guarantees the right to life and the due process of law
apropos the arrest and trial of any individual. However, law
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