Bangladesh would be limited to the requirement of compliance sought by periodic
reporting or other mechanisms as provided for by those instruments.
National Legal and Policy Instruments and Executive Efforts on Regulation of
Domestic Works by Children
The Constitution of Bangladesh contains some provisions which can be applied to
regulate some aspects of child domestic work. Article 34(1) of the Constitution
unequivocally denounces all forms of forced labour. Article 14 of the Constitution
proclaims ‘to emancipate workers and backward sections of the people from all forms of
exploitation’ as a fundamental responsibility of the state. Article 28(4) of the Constitution
grants the Government power to make ‘special provision in favour of women or children
or for the advancement of any backward section of citizens’, even though such special
provisions may discriminate against some other. However, Articles 14 and 28(4) of the
Constitution are all contained in the Fundamental Principles of State Policy part of the
Constitution, and though they would be applied by the state in law making, would remain
fundamental to the governance of Bangladesh, and would act as a guide to the
interpretation of laws, they are not judicially enforceable.27
In Bangladesh, the age of ‘child’ has been specified in various legal and policy
instruments in various ways. The National Children Policy, 2011, the most
comprehensive policy dealing with children welfare in Bangladesh states that children
would mean all individuals below 18 years of age.28 The Children Act, 2013,29 dealing
with the rights of children in Bangladesh defines all persons under the age of 18 years as
children.30 However, the law limits its scope on this issue by qualifying it with the
27
Constitution of the People’s Republic of Bangladesh, 1972, Article 8(2).
28
Government of the People’s Republic of Bangladesh, Ministry of Women and Children Affairs, National
Children Policy, 2011 (February 2011), para 2 [Children Policy, 2011].
29
Act No. 24 of 2013.
30
Ibid, Section 4.
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