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WELCOME TO MY PRESENTATION

Course Instructor: MD Nannu Mian Topic : Role of The Judiciary In Protecting Human RightsPresented by:ABU HENA MD. Manwar KamalDepartment of LawUTTARA UNIVERSITYINTRODUCTION

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 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 over-estimate importance of the mechanismsof justice".

Definition Of Judiciary The Supreme Court: Appellate Division and The High Court Division

The Subordinate Courts and Tribunals Civil Courts Criminal Courts

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

Powers and Functions Of Judiciary 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

Loophole of The Judicial SystemCONCEPT 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

Definition Of human rightsHuman 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

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.

Historical Background and development of human rights

Human Rights InstrumentsAny society that is to protect human rights must have the following characteristics:

i) A de jure or free state in which the right to self-determination and rule of lawexist.

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 RightsCharacteristics of Human RightsUniversalInternationally guaranteedLegally protectedProtects individuals and groupsCannot be taken awayEqual and indivisibleObliges States and State actors17Civil the right to be treated as an equal to anyone else in societyPolitical the right to vote, to freedom of speech and to obtain informationEconomic the right to participate in an economy that benefits all; and to desirable workSocial the right to education, health care, food, clothing, shelter and social securityCultural the right to freedom of religion, and to speak the language, and to practice the culture of ones choiceCategories Of Human Rights

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.

Challenges To Human Rights In Todays WorldThe 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 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 Life 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 Personal Liberty 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 Equality

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. 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.

Right to freedom of expression

THE ROLE OF JUDICIARY IN PROTECTING 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:

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

Secondly, the general approach of the Supreme Court to protect human rights is by deciding on regular suits.

Thirdly, 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.

Fourthly, the Supreme Court is pro-active where human rights issues are of great serious nature and has wide concern.

Role Of Judiciary In Protecting Constitutional 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 RightsOur 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 Judiciary In Protecting Universal 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.

Role Of Judges In Protecting Human RightsProblems 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 DocumentsRecommendations Documentation has to be Improved Reports Need to be Published Cooperation to be Ensured Improvement of Procedural, Substantive, Remedial, and Personalized AreaContd . . . RecommendationsThe 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.INTERACTIVESESSIONThank You