education. Whether all the prerequisites for a peaceful socio-economic revolution exist is
for the state to decide’.
6. Bangladesh is a common law country and follows dualist principles 8. Regardless of, its
dualist nature the judiciary in Bangladesh cited international treaties and principles in some
of its judgements. For example, the Appellate Division (AD) of Supreme Court of
Bangladesh in the landmark decision, Dr. Mohiuddin Farooque and another Vs.
Bangladesh, 19979, found that the ‘right to healthy environment’ is included in ‘right to
life’- a fundamental right ensured under Articles 31 and 32 of the Constitution. The court
held that the Government was under a constitutional obligation to ensure that there was no
violation of the fundamental rights of any persons. Art. 32 of the Constitution guaranteed
a right to life. The expression ‘life’ did not mean merely an elementary life but also meant
a qualitative life among others, free from environmental hazards. It was also one of the
basic rights of the human being to live in a healthy atmosphere and constitutional remedy
under Art. 102 would be available if this basic human right was threatened. The court was
of the view that although various provisions had been enacted the Government had failed
to execute and perform their duties to the letters of the law.
7. The High Court Division (HCD) of the Supreme Court of Bangladesh enforced ‘right to
shelter and housing’ in Ain o Shalish Kendra vs. Bangladesh (Slum case),199910: The
Court held that the State must ensure fundamental rights including life, respect for dignity
and equal protection of the law and, further, that the State must direct its policy towards
ensuring the provision of the basic necessities of life including shelter. According to the
Court, this latter constitutional directive was not judicially enforceable but the right to life
includes the right not to be deprived of a livelihood.
8. The ‘right to health and medical care’ was discussed in Advocate Zulhasuddin vs.
Bangladesh, 2010 11 by making a ‘progressive interpretation’ of ‘right to life’. The
judgement is a milestone where the Court held that the imposition of VAT on receipts of
medical and dental treatment, pathological laboratory and diagnostics centre & fees of
specialist’s doctor is ultra vires of right to life.
9. The Commission is of the view that the Sustainable Development Goals (SDGs) also
provide an excellent platform to promote civil, political, economic, social and cultural
rights. Launched with the objective of leaving no one behind, SDGs, from a human rights
perspective, is a tool which bring core human rights under one umbrella. The country’s 7th
five-year development plan (2016-20) reflects many of its policy directions are aligned
with the 2030 Agenda for Sustainable Development.
8
Bangladesh is dualist country and needs domestic legislation to translate international obligations to the local context.
50 DLR (HCD) (1998) 84
10
19 BLD (1999) 488
11
(2010) BLD 1
9
4