As Tomuschat claims, when today anywhere in the world a
national constitution is framed, the ICCPR serves as the
natural yardstick for the drafting of a section on fundamental
rights.28 In most countries, the ICCPR has been made part and
parcel of the national legal order although there is no general
rule of international law that would enjoin States to embrace
a specific method of implementation. Since its inception,
Bangladesh has been repeatedly underscoring, albeit
theoretically, its commitment to the peremptory norms of
international human rights law. The Constitution, adopted
soon after independence, incorporates a number of civil and
political rights in line with the Universal Declaration of
Human Rights (UDHR) and International Covenant on Civil
and Political Rights (ICCPR). Bangladesh has also committed
itself to the international responsibility of protecting and
promoting civil and political rights by ratifying and acceding
to the ICCPR on September 6, 2000. The following is a
glimpse of the rights incorporated in the Constitution in light
of the ICCPR.
Right to Life:
Article 31 of the Constitution guarantees the right to life and
personal liberty. As Mahmudul Islam notes, “‘[l]ife’ within
the meaning of Article 31 means something more than mere
animal existence;” it includes the right to live consistently
with human dignity and decency, the right to the bare
29
32
Mahmudul Islam, Constitutional Law of Bangladesh (Dhaka: BILIA, 1995), 163