FOREWORD
The International Covenant on Economic, Social and Cultural Rights:
A Study on Bangladesh Compliance
Study Conducted by: S M Zakir Hossain, Advocate
Published: December, 2012
Published by: National Human Rights Commission, Bangladesh
Gulpheshan Plaza (Level-11)
8, Shahid Sangbadik Salina Parvin Sarak
Boro Magbazar, Dhaka-1217, Bangladesh
Phone: +880-2-9336863, Fax- +880-2-8333219
Email: nhrc.bd@gmail.com, Web: www.nhrc.org.bd
Disclaimer:
The study data, opinions and recommendations contained in this report
are those of the author. They do not necessarily represent or reflect the
views or opinions of the National Human Rights Commission (NHRC) or
UNDP, Sweden, DANIDA and the Swiss Confederation.
Human rights as a concept are normative in essence, capturing a bundle
of rights reflecting the interests most fundamental to any human being.
It is not without reason that the understanding of human rights has
become a critical component of modern legal systems. Human rights
have experienced momentous growth during the post-World war II era.
At the international, state and local levels, human rights laws, declarations,
charters, and covenants have multiplied and endorsed a recurring core
of rights and obligations linked to the protection of fundamental human
dignity, equality and justice. Nevertheless, there has been a growing
concern that simply ratifying or legislating human rights conventions
and laws does not lead to the effective enjoyment of human rights in the
daily lives of millions of individuals. What really is necessary are initiatives
that would translate these broad and abstract human rights norms
and standards into the vernacular of everyday life, transplanting these
norms into ordinary human relations where they can truly achieve their
transformative potential.
Human rights, in the way they have been classically captured in legal
standards, protect the individual against oppression by the state. Built on
the painful experiences of abuses at the hands of governments, human
rights thus correspond to a series of obligations imposed upon the state,
including either duties to abstain from interfering within a protected
zone shielding every individual, or duties to provide everyone with the
opportunity to develop and realize their full potential. Human rights have
transformed the way in which we conceive of the place of the individual
within the community and in relation to the state in a vast array of
disciplines, including law, politics, philosophy, sociology and geography.
The published output on human rights over the last five decades has been
enormous, but on the whole bound tightly to a notion of human rights that
links individuals and groups directly to the state.
However, over the last two decades, there has been a gradual enlargement
of the scope of human rights, moving them beyond claims against the
state to contest human rights violations by non-state actors. Initially
spurred by feminist critiques of the exclusion of domestic violence as a