Legal Framework 4. The Constitution of the People’s Republic of Bangladesh, is the supreme law of the country. Adopted in 1972 the Constitution is enshrined with dedicated chapters on Fundamental Rights4 and Fundamental Principles of the State Policy 5. Modelled on the content of International Bill of Rights, Part II of the Constitution covers the economic, social and cultural rights and part III of the Constitution covers civil and political rights. According to Article 8(2) of the Constitution the rights in Part II of the Constitution is not automatically justiciable. However, the same Article states that the principles set out in this part shall be fundamental to the governance of Bangladesh. It shall be applied by the State in the making of laws, shall be a guide to the interpretation of the Constitution and other laws of the country and shall form the basis of the work of the State and its citizens. In addition, Article 15 of the Constitution emphasize the basic necessities of life to include food, clothing, shelter, education and medical care. Thus, the inclusion of economic, social and cultural rights in the Constitution as Fundamental Principles of the State Policy is very important. In addition. these principles will be the guidelines for the interpretation of fundamental rights enshrined in Part III of the Constitution which does not undermine economic, social and cultural rights in any way. Further Bangladesh also has many laws and policies directly and indirectly related to economic, social and cultural rights, which are discussed in detail in the below relevant sections. 5. The UN Committee on Economic, Social and Cultural Rights has emphasized the importance of judicial remedies for the protection of the rights recognized in the ICESCR. It considers that, in many cases, the other ‘means used in the context of Article 2 (1) of the Covenant for realizing these rights could be rendered ineffective if they are not reinforced or complemented by judicial remedies’. 6 Article 2 (1) of the ICESCR reads; ‘Each State party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.’ The Appellate Division of the Supreme Court of Bangladesh stated in the landmark case Kudrat-E-Elahi Panir & Ors vs. Bangladesh & Ors7 that: ‘They (ESC rights) are in the nature of people’s program for socio-economic development of the country in peaceful manner, not overnight but gradually. Implementation of these programs requires resources, technical know-how and many other things including mass Part III of the Constitution of the People’s Republic of Bangladesh: on Fundamental Rights: http://bdlaws.minlaw.gov.bd/pdf_part.php?id=367 5 Part III of the Constitution of the People’s Republic of Bangladesh: on Fundamental Principles of State Policy: http://bdlaws.minlaw.gov.bd/pdf_part.php?id=367 6 The International Covenant on Economic, Social and Cultural Rights: A Study on Bangladesh Compliance, page 3, published by the National Human Rights Commission, Bangladesh: http://nhrc.portal.gov.bd/sites/default/files/files/nhrc.portal.gov.bd 7 1991, 20 CLC (HCD) 4 3