in the household in which they work, decent living conditions respecting their privacy
must be ensured under Article 6. The ability to freely reach agreements for daily and
weekly rest or annual leave is stated in Article 9. It further stresses that every domestic
worker, including children, has the right to a secure and healthy working environment
and state parties shall have to take steps to make sure of their occupational health and
safety.22
Some other recent up-to-date major ILO Conventions relating to works by
children also not ratified by Bangladesh include the Minimum Age Convention, 1973
(No. 138) and the Minimum Wage Fixing Convention, 1970 (No. 131).23 However,
Bangladesh is in the last stage of ratification of Convention No. 138.24 As Bangladeshi
courts do not treat international treaties signed by the executive as binding laws unless
their provisions are expressly incorporated into domestic laws, these international
instruments have limited practical value for the intended beneficiaries.25 However, when
the domestic law on a particular point is ambiguous or there is a total absence of any
provision on a particular point, courts may draw upon the principles enunciated in the
international legal instruments signed by the executive.26 Therefore, the Bangladeshi
courts would not normally rely upon or refer to international legal instruments unless
domestic law on a point is non-existent or non liquet. Thus, unless the provisions of an
international convention ratified by Bangladesh has been incorporated in a domestic
statute, essentially the practical value of ratification of international legal instruments by
22
23
Ibid, Article 13(1) of the Convention.
International
Labour
Organization,
Up-to-date
Conventions
Not
Ratified
by
Bangladesh
<http://www.ilo.org/dyn/normlex/en/f?p=1000:11210:0::NO:11210:P11210_COUNTRY_ID:103500>
at
22nd May 2014.
24
International Labour Organization, Governing Body’s 320th Session, Review of annual reports under the
follow-up
to
the
ILO
Declaration
on
Fundamental
Principles
and
Rights
at
<http://www.ilo.org/wcmsp5/groups/public/---ed_norm/--relconf/documents/meetingdocument/wcms_236200.pdf> (7 February 2014) at 15.
25
Hussain Muhammad Ershad v. Bangladesh and Others (2001) 21 BLD (AD) 69, paras 2, 3, 12.
26
Ibid.
8
Work