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WELCOME

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 .

Laski told. "Certainly no man can overestimate importance of the mechanisms of justice". It usually consists of a court of final appeal (called the "supreme court" or "constitutional court"). H. .  Prof.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. J. together with lower courts.

. . .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 .

to dignity.Definition Of human rights  HUMAN RIGHTS is defined as the supreme. and inalienable rights to life. and to self-development. inherent. 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 .

so we often claim they don’t value Human Rights as well as we do  .Human Rights are more than Values and behaviours that we think other countries don’t hold or implement.

Hobbes. Plato and Aristotle. Rousseau and Kant talk about the concept. Locke.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.  . Some religious texts also are said to reflect the principles of human rights.  The Magna Carta (1215) is considered a milestone in the history of human rights and several great thinkers such as Grotius.

Human Rights Instruments .

ii) A legal system for the protection of human rights. iii) Effective organized (existing within the framework of the state) or unorganized guarantees.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. .

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. clothing. and to practice the culture of one’s choice . shelter and social security Cultural – the right to freedom of religion. food. health care. and to desirable work Social – the right to education. and to speak the language. to freedom of speech and to obtain information Economic – the right to participate in an economy that benefits all.

. 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.Challenges To Human Rights In Today‘s World  The impact of several changes in the world today on human rights has been both negative and positive.

PRESENT SITUATION OF HUMAN RIGHTS IN BANGLADESH .

. inhuman or degrading treatment and punishment“  Those rights are also granted by our constitution as our fundamental rights. Every human being has the inherent right to life and this right must be protected by law. liberty and security of person.  The UDHR also declare that "no one shall be subjected to torture or to cruel.Right To Life  Everyone has the right to life.

nor to attacks upon his honor and reputation. liberty and security of person.Right To Personal Liberty Everyone has the right to life.  Everyone has the right to the protection of the law against such interference or attacks." No one shall be subject to arbitrary interference with his privacy.   The UDHR and also The Constitution of Bangladesh declare "No one shall be subjected to arbitrary arrest and detained. Everyone has the right to freedom of movement and residence within the borders of each state. . home or correspondence. family.

Right To Equality The Constitution of Bangladesh declares Equality before law. to equal protection of the law. race caste. sex or place of birth & Equality of opportunity in public employment as basic guarantees  Universal Declaration of Human Rights. without any discrimination. 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.  . Discrimination on grounds of religion. 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. . receive and impart information and ideas through any media and regardless of frontiers. this right includes freedom to hold opinions without interference and to seek.

THE ROLE OF JUDICIARY IN PROTECTING HUMAN RIGHTS .

Firstly. Thirdly. Fourthly. the notion of suo muto bears evidence of action by the Supreme Court. . the Supreme Court is pro-active where human rights issues are of great serious nature and has wide concern. Secondly. the general approach of the Supreme Court to protect human rights is by deciding on regular suits.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. Suo muto is helpful in bringing remedies to the door of the victim.

. 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 “. 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. .

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 .

 .  The judiciary must be respected as a distinct. separate and independent branch of government and within the judiciary. Each judge must be independent from external influences that may reduce his or her objectivity and impartiality.Role Of Judges In Protecting Human Rights Judicial independence requires that judges be free from any interference . 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.

helping to enrich democracy.   The human rights situation in Bangladesh is not satisfactory even though there is a lot of a political commitment. 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 . 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.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.

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

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 .

. it has analyzed the evolvement of human rights from which concept of the protection of human rights has gradually developed. .The Presentation in based on the Role of the judiciary in protecting human rights in order to draw up the role of the judiciary. Contd . 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 .

 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. It has emphasized on the role of the judiciary in protecting human rights under the preview of the Bangladesh constitution.

INTERACTIVE SESSION .

T h ank You .