The International Covenant on Economic, Social and Cultural Rights Second, the terms of article 2(1) expressly contemplate the possibility of resource limitations that might preclude full realisation of all the Covenant rights for all States parties. The “steps” that States parties are obliged to take to progressively realise the rights are expressly confined to steps within the State’s resource capacities. However, the scholars explained the word ‘achieving progressively’ as ‘to progress through some positive step forward and not like that there is no progress at all or standstill’. Sometimes, it is argued that the international legal regime around ESC rights is weaker than that of civil and political rights as the ICESCR provides certain conditionality for the states to make these rights legally enforceable. But modern philosophy counters this argument in the light of the interdependence and indivisibility of rights and puts emphasis on the realization of both set of rights not only with legal remedies but also with other measures taken by the state to respect, protect and fulfill all fundamental human rights. Both civil and political rights and economic, social and cultural rights are enshrined in the Bangladesh Constitution. Civil and Political rights are directly justiciable since they are recognized as fundamental rights in the constitution while economic, social and cultural rights are defined as fundamental principles of State policy, but are not automatically justiciable. According to Article 8(2) of the constitution the rights described in part II of the Constitution, Fundamental Principles of State Policy, is not directly justiciable but the same article stated that the principles set out in this part shall be fundamental to the governance of Bangladesh, shall be applied by the state in the making of laws, shall be a guide to the interpretation of the constitution and of the other laws of Bangladesh, and shall form the basis of the work of the state and of its citizens. So, the inclusion of the rights, especially the economic, social and cultural rights, under Fundamental Principles of State Policy is very important: though it is enshrined in the constitution as fundamental principles, it is also stated that those principles will be the guideline to interpret the fundamental rights which does not undermine the ESC rights in any way. This legal compliance study looks into the right to shelter, right to water, right to health, right to work, right to food and right to education. These 4 rights are clearly mentioned in the ICESCR as well as other international instruments, treaties etc. of which the relevant provisions are stated below in brief: 1.1 Right to Shelter Shelter is one of the very basic needs for human survival. It is more than a roof over one’s head. It provides security, identity, a place to come back to, a place to call home and a place for family life. Shelter is a fundamental human right, vital to life, dignity and development of individuals and hence of the family, the society, the country and humankind at large. The obligation of States to take steps towards the realization of the right to adequate housing for all is laid down in a number of international human rights instruments including the ICESCR. Article 11.1 of the ICESCR states that: “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.” CESCR General Comment 4 emphasizes that, the right to adequate housing applies to everyone. While the reference to “himself and his family” reflects assumptions as to gender roles and economic activity patterns commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read today as implying any limitations upon the applicability of the right to individuals or to female-headed households or other such groups. Thus, the concept of “family” must be understood in a wide sense. Further, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. In particular, enjoyment of this right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of discrimination. General Comment 4 also illustrates that the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in 5

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