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TO
MY PRESENTATION

UTTARA UNIVERSITY
Course Instructor: MD Nannu Mian
Topic : Role of The Judiciary In Protecting Human Rights

Presented by:
ABU HENA MD. Manwar Kamal
Department of Law

INTRODUCTION

The aim to appraise you about the role of


the Judiciary of Bangladesh to protect human
rights.

Judicial system in Bangladesh


Concept of Human Rights
Present situation of Human Rights in Bangladesh
The Role of Judiciary in Protecting Human Rights
Problems to Implement Human Rights in

Bangladesh
Recommendations
Conclusion

JUDICIAL SYSTEM IN
BANGLADESH

Definition Of Judiciary
The judiciary (also known as the judicial system or

judicature) is the system of courts which interprets


and applies the law in the name of the sovereign or
state.
This branch of government is often tasked with
ensuring equal justice under law. It usually consists of
a court of final appeal (called the "supreme court" or
"constitutional court"), together with lower courts.

Prof. H. J. Laski told, "Certainly no man can overestimate importance of the mechanisms
of justice".

Formation and structure of


judiciary
The Supreme Court:

Appellate Division and

The High Court Division

The Subordinate Courts and Tribunals

Civil Courts

Criminal Courts

Contd . . .

Powers and Functions Of


Judiciary
The Supreme Court and the Subordinate Court
of Bangladesh has different kinds of powers and
functions to maintain the peach and rule of law.

Loophole of The Judicial System


Loopholes in appointment procedure
Inadequate remuneration and privileges
Political interference
Lack of balance between executive& judiciary
Lack of communication between bar and bench
Lack of Accountability of Judges

CONCEPT OF HUMAN
RIGHTS

Definition Of human rights


HUMAN RIGHTS is defined as the supreme,
inherent, and inalienable rights to life, to dignity, and to
self-development. It is concerned with issues in both
areas of civil and political rights and economic, social and
cultural rights founded on internationally accepted
human rights obligations

Human Rights are more


than
Values
and
behaviours that we think
other countries dont
hold or implement, so
we often claim they
dont
value
Human
Rights as well as we do

Historical Background and


development of human rights
The concept of human rights can be found as far back

in time as the age of the Greek philosophers Socrates,


Plato and Aristotle.
The Magna Carta (1215) is considered a milestone in the

history of human rights and several great thinkers such as


Grotius, Hobbes, Locke, Rousseau and Kant talk about the
concept.

Some religious texts also are said to reflect the


principles of human rights.

Human Rights Instruments

Basic Requirements For Human


Rights
Any society that is to protect human rights must
have the following characteristics:
i) A de jure or free state in which the right to selfdetermination and rule of law
exist.
ii) A legal system for the protection of human
rights.
iii) Effective organized (existing within the
framework of the state) or unorganized
guarantees.

Characteristics of Human Rights


Universal
Internationally guaranteed
Legally protected
Protects individuals and groups
Cannot be taken away
Equal and indivisible
Obliges States and State actors

Categories Of Human
Rights
Civil the right to be treated as an equal to anyone else

in society
Political the right to vote, to freedom of speech and to
obtain information
Economic the right to participate in an economy that
benefits all; and to desirable work
Social the right to education, health care, food,
clothing, shelter and social security
Cultural the right to freedom of religion, and to speak
the language, and to practice the culture of ones choice

Challenges To Human Rights


In Todays World

The impact of several changes in the world today on


human rights has been both negative and positive.
In the field of biotechnology and medicine especially there
is strong need for human rights to be absorbed into ethical
codes and for all professionals to ensure that basic human
dignity is protected under all circumstances.

Genetic engineering also brings with it the dangers of gene


mutation and all the problems associated with cloning.

The Convention for the Protection of Human Rights and Dignity of the
Human Being with Regard to the Application and Medicine puts the welfare
of the human being above society or science.

PRESENT SITUATION OF HUMAN


RIGHTS IN BANGLADESH

Right To Life
Everyone has the right to life, liberty and security of
person. Every human being has the inherent right to life
and this right must be protected by law.
The UDHR also declare that "no one shall be subjected

to torture or to cruel, inhuman or degrading treatment and


punishment
Those rights are also granted by our constitution as our

fundamental rights.

Right To Personal
Liberty

Everyone has the right to life, liberty and security of


person.

The UDHR and also The Constitution of Bangladesh declare

"No one shall be subjected to arbitrary arrest and detained."


No one shall be subject to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honor and reputation.
Everyone has the right to the protection of the law against

such interference or attacks. Everyone has the right to


freedom of movement and residence within the borders of each
state.

Right To Equality
The Constitution of Bangladesh declares Equality before law,
Discrimination on grounds of religion, race caste, sex or place of
birth & Equality of opportunity in public employment as basic
guarantees

Universal Declaration of Human Rights, states all human beings


are born free and equal in dignity and rights.

They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood and also states all
human rights are equal before the law and are entitled, without any
discrimination, to equal protection of the law. Everyone has the
right to education.

Right to vote
Right to vote is a human right as well as important
citizenship and democratic right. Political participation
is the basis of democracy and a vital part of the
enjoyment of all human rights.

Right to freedom of
expression
Everyone has the right to freedom of opinion and

expression; this right includes freedom to hold


opinions without interference and to seek, receive
and impart information and ideas through any media
and regardless of frontiers.

THE ROLE OF JUDICIARY IN


PROTECTING HUMAN RIGHTS

Role Of Judiciary In Protecting


Constitutional Human Rights
The human rights are granted by the constitution are enforceable by
the Supreme Court in following ways:

Scopes in Constitutional Provisions

Scope of Supreme Court Approach:


the practice of PIL is one approach that is encouraging the Supreme
Court to become pro-active.
Firstly,

Secondly,

the general approach of the Supreme Court to protect human rights


is by deciding on regular suits.
the notion of suo muto bears evidence of action by the Supreme
Court. Suo muto is helpful in bringing remedies to the door of the victim.
Thirdly,

the Supreme Court is pro-active where human rights issues are of


great serious nature and has wide concern.
Fourthly,

Role Of Judiciary In
Protecting Universal
Human Rights
. . . national Courts should not straightway
ignore the international obligations, which a
country undertakes. If the domestic laws are not
clear enough or there is nothing therein, the
national courts should draw upon the principles
incorporated in the international instruments.
Appellate Division of the Supreme
Court

Role Of Judiciary In
Protecting Universal Human
Rights
Our Constitutional granted rights which are also
declared by UDHR allows granted by the Supreme Court
of Bangladesh and also the following universal human
rights are protected by our judiciary:
Protection of Foreign Prisoner's Rights

Right to Safe Environment is protected

Protection of Public Health

Protection of Marginalized People

Role Of Judges In Protecting Human


Rights
Judicial independence requires that judges be free from
any interference . Each judge must be independent from
external influences that may reduce his or her objectivity and
impartiality.

The judiciary must be respected as a distinct, separate


and independent branch of government and within the
judiciary, individual judges must have the substantive
freedom.

Our judiciary is not totally independent as impartial


judicial appointments are not happening due to the political
interest in the judiciary that is causing serious damage to the
human rights protection performance of the Supreme Court.

Problems to Implement Human Rights in


Bangladesh
It has been argued in this presentation that the judiciary of
Bangladesh is an influential state organ that is working in a
complex situation, helping to enrich democracy.

The human rights situation in Bangladesh is not satisfactory


even though there is a lot of a political commitment. Politics is
shaping as an evil that is attesting every aspect of life
Bureaucracy is trying to control the politics to maintain their
dominance that has lasted since colonial period. Their authority is
creating a bar towards establishing a strong judiciary
In General Problems can be summarized as follows :

Structural Influence

Judicial Activism

Fair Judiciary

Accessible Documents

Recommendations
Documentation has to be Improved
Reports Need to be Published
Cooperation to be Ensured
Improvement of Procedural, Substantive,
Remedial, and Personalized Area

Contd . . .

Recommendations
The following practical steps can be taken:
In the case of gender sensitivity

Implementation of Human Rights in Personal Law Application

Application of International Human Rights Standards

The application of the norms of national law instead of custom

Public access to the Supreme Court

The Presentation in based on the Role of the judiciary in


protecting human rights in order to draw up the role of the
judiciary, it has analyzed the evolvement of human rights
from which concept of the protection of human rights has
gradually developed; defined and categorized human rights
discussed existing international human rights instrument

It has Examined the precedent and focused the court


position therein ;showed the scenario of the implementation
of human rights in various countries and described the
function of the domestic court and its judges in protecting
human rights .
Contd . . .

It has emphasized on the role of the judiciary in

protecting human rights under the preview of the


Bangladesh constitution.
Finally, I have demonstrated some weakness to

the judiciary, evasion of that weakness will be an


effort towards protection of human rights as well as
to uphold standard norms.

INTERACTIVE
SESSION

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