The International Covenant on Economic, Social and Cultural Rights
Article 10 of CEDAW also contains provisions dealing with the right
to education. It provides, for example, for equal access to career and
vocational guidance and to studies at all educational levels; access to the
same curricula and examinations; elimination of stereotyping in the roles
of women and men; and the same opportunities to benefit from academic
scholarships.
In addition to the above mentioned conventions/ treaties, the right to
education has also been enshrined in the International Convention on
the Protection of the Rights of All Migrant Workers and Members of
Their Families (CMW), the Convention on the Rights of Persons with
Disabilities (CRPD), the Convention relating to the Status of Refugees,
the Geneva Convention relative to the Treatment of Prisoners of War,
the Geneva Convention relative to the Protection of Civilian Persons in
Time of War, the Declaration on the Rights of Indigenous Peoples, the
ILO Minimum Age Convention, the ILO Worst Forms of Child Labour
Convention, the ILO Indigenous and Tribal Peoples Convention, the
UNESCO Recommendation against Discrimination in Education, the
UNESCO Convention on Technical and Vocational Education, the
UNESCO Revised Recommendation concerning Technical and Vocational
Education, the ILO/UNESCO Recommendation concerning the Status
of Teachers, the UNESCO Recommendation concerning the Status of
Higher Education Teaching Personnel, the UNESCO Recommendation on
Education for International Understanding and Co-operation and Peace
and Education relating to Human Rights and Fundamental Freedoms,
the UNESCO Recommendation on the Development of Adult Education,
Principles relating to the Status and Functioning of National Institutions
for Protection and Promotion of Human Rights (The Paris Principles)
etc. Various regional treaties and constitutions of different countries also
recognize education as a fundamental human right.
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2.
National Legislations
and Policies securing
ESC Rights
Economic, Social and Cultural Rights are stated in the 2nd Chapter, from
Articles 8- 25, of the constitution of the People’s Republic of Bangladesh
as ‘Fundamental Principles of State Policy’. The rights which are focused in
this study are also mentioned in respective policies and other documents
promulgated by the government of Bangladesh in different periods. This
section attempts to discuss briefly those documents:
2.1 Right to Shelter:
Article 15(a) of the Constitution states that a fundamental principle of state
policy is to provide, “[…] the necessities of life, including food, clothing,
shelter, education and medical care.” Further, Articles 27 and 31 by
guaranteeing fundamental rights to equality and protection in accordance
with law, may be seen to impose an obligation upon the State not to take
measures that could deprive citizens of their basic needs. Articles 31 and
32 also protect the right to life.
The National Housing Policy, 1993, (NTP) was a milestone in so far as it
recognized the need for slum improvement and prevention of slum eviction
without proper rehabilitation. This Policy, amended in 1999, identified a
facilitative role for the private development of housing for all including the
poor.
A draft of the National Housing Policy, 2008 also recommended access
of the poor to land and housing with developed infrastructure, and an
increase of habitable land. It suggested that urban housing for the working
poor be located near the work place or include a plan for transportation.
Private housing and cooperative societies were to be encouraged. Special
focus was to be given for housing of women in difficult circumstances,
by providing housing loans, ownership, home based employment, mother
and child care facilities. Priority was to be given to housing for the old
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