Human Rights in Bangladesh

Research On
Human Rights Violation by the Law

Enforcing Authorities Abstract
This dissertation explores issues of international human rights law to investigate the needs and
ways for protection and promotion of human rights for peace and development in the world.
Therefore, in this dissertation, an inter-disciplinary approach has been taken to find out a
concrete theory of continuous world peace as well as for sustainable development worldwide on
the basis of an investigative study of the respective issues therein based on the prevailing world
situations and individual, collective, state and international response on human rights abuses,
adopted remedial measures, lapses and recommendations.
This dissertation tests five hypotheses which stem from this studies.
First: Right being synonymous of legal and antonymous of both wrong and illegal, every
right of any human person is ipso facto a legal right which deserves protection of law and
1
legal remedy irrespective of having being written into the law, constitution or otherwise in any
country.
Second: Every human being is subject to live and let live the others jointly in the world with
common basic needs and realities among themselves and to fulfill such needs for survival,
security, prosperity and peace, man, irrespective of gender, race and colour is one to one-cum-
one for other dependent or inter dependent and thereby every human person naturally inherits
a man for man plus one to one-cum-one for other approach of thinking, living and working.
Third: For protection and promotion of human rights for continuous peace and development
worldwide, it is imperative for every human being to work for the unity of the world community
and to act upon the idea of non-clash, non-violence and non-discrimination vis--vis
brotherhood, love and equality. These objectives aim a borderless global standard and a New
World Order, namely, a man for man plus one to one-cum-one for other approach and
treatment and side by side to ensure that none remains outside such process.
Fourth: For protection and promotion of human rights for continuous peace and development
worldwide, instead of making enmity or making target of guns and bringing within the range of
high-tech missiles or sophisticated nuclear weapons, every human being needs to make target to
earn, acquire and possess the ideals of brotherhood, love, equality, prosperity and peace in
him/herself and thereby get prepared to be embraced as an Ambassador of World Peace.
Fifth: The only way to make the world terrorism and war free and to confirm peace and
development worldwide is the unity of the world community in one and single theory of man for
man correlative, interdependent and one to one-cum-one for other approach, namely, the Man
for Man Theory approach of world peace.
Using historical and institutional analysis of the development of international human rights law
in the world I looked at the evolution of important policy implications of human rights
protection, promotion and abuses vis--vis lapses and recommendations.
In order to study the changes in the human rights protection and promotion scenario in national
and international level an attempt has been made to illustrate the views of leading persons in
2
legal profession and human rights activists towards man for man plus one to one-cum-one for
other approach of treating human rights as legal rights to works for the unity of the world
community and to act upon the said idea to keep the world terrorism and war free and to confirm
peace and development worldwide and the relevant issues have been considered to understand
the developments of future human rights law.
The findings of this dissertation have important policy implications and recommendations. I
argue that development in human rights law implies to treat human rights as legal rights in a New
World Order.
I end this dissertation by suggesting that for protection and promotion of human rights for peace
and development in the world the man for man plus one to one-cum-one for other approach
namely, the Man for Man Theory approach should imply as the Theory of World Peace in the
New World Order.
Contents
Abstracts
Chapter 1
1 Introduction
Chapter 2
2.1 Methodology
3
2.2 Hypothesis
2.3 Experimental Works
2.4 Organisation of the Dissertation
2.5 Summary
Chapter 3
3.1 The Definition and Need for Protection and Promotion of Human Rights
3.2 Ways and Norms for Protection of Human Rights
3.3 Criteria of Human Rights Protection
3.4 Charter of the United Nations
3.5 Universal Declaration of Human Rights
3.6 Summary
Chapter 4
4.1 Protection and Promtion of Human Rights for International Peace and Security
4.1.1 The Role of United Nations in Promotion and Protection of Human Rights
4.1.1.1 United Nations Intergovernmental Bodies Dealing with Human Rights
4.1.1.2 Establishment of International Human Rights Standards
4.1.1.3 Mechanisms for Protection of Human Rights
4.1.1.4 UN Human Rights Advisory Services and Technical Assistance
4.1.1.5 Good offices of the Secretary General
4.2 Integrating Human Rights for Peace and Development in the World
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4.2.1 Eliminating Poverty and Sustaining Livelihoods
4.2.2 Developing Capacity for Good Governance
4.2.3 The Right to Development
4.2.4 The Declaration on the Right to Development
4.2.4.1 The Component Rights of the Human Right to Development Include
4.2.5 Obligations of States (Individual)
4.2.6 Obligations of States (Collective)
4.3 United Nations and Human Rights Organisations
4.3.1 The Role of UNHCHR
4.3.1.1 Mandate of the High Commissioner
4.3.1.2 The Human Rights Council
4.3.1.3 The Security Council
4.3.1.4 The International Criminal Court
4.4 The Role of Non-Governmental Organisations
4.5 Summary
Chapter 5
5.1 Philosophical Analysis of the Concept of Human Rights
5.1.1 Moral and Legal Rights
5.1.2 Philosophical Justification of Human Rights
5.1.2.1 The Interest Theory Approach
5.1.2.2 The Will Theory Approach
5.2 Summary
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Chapter 6
6.1 Visiting Hypotheses and Recommendations
6.1.1 Treating Human Rights as Legal Rights: Visiting First Hypotheses
6.1.2 New World Order: Visiting Second and Third Hypotheses
6.1.3 Man for Man Theory Approach: The Theory of World Peace:Visiting Fourth and Five
Hypothesis
Chapter 7
7. Conclusion
7.1 Suggestions for Further Research
Bibliography
Chapter 1
1. Introduction
Human rights and fundamental freedoms are the birth right of all human beings[1] and since
1948, this principle has been generally accepted in international instruments and has contributed
to the substantive development of international human rights law for protection and promotion of
both individual and universal human rights. But still, individuals and groups around the world
continuously become victim of human rights violations. In this regard, the hour to hour and daily
reports of electronic and print media hearing and reading makes quite disturbing the world
people at large.
Instances of human rights violations are legion and they do not paint a picture of a world in
which human rights are respected.[2] A cursory glance is sufficient highlight the abuses sustained
by for example women, children, refugees and prisoners.[3] As reported in 2001, some 3,00,000
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children under the age of 18 years were thought to be fighting in conflicts round the world. 14
million children were refugees or internally displaced within their own countries as a result of
conflictsUNICEF estimated that some 12 million children under the age of five die every year
from preventable disease; some 10.3 million young people between the age of 15 and 24 years
had have AIDS or were HIV infected, there were 5,00,000 to 8,00,000 orphans in South Africa
alone through AID and it was estimated that that figure would have risen to 1.5 million by 2005.
[4] According to th same source of information of the same year as mentioned herein above, one
hundred and thirty million children was still not receiving education, some 900 million people,
that is one sixth of the worlds population over the age of 15 were illiterate, 60 million girl
children were not alive because they were of the female gender, some 90 percent of girl children
in certain communities in Asia were sold into prostitution and the number for boys was
increasing, children were deliberately maimed because a cripple child beggar was more
appealing.[5]
Unfortunately, the above scenario of human rights violations around the world has remained
unchanged. Moreover, the numbers of victims and areas of human rights violations is increasing
day by day in an alarming manner. Although, the world is witnessing so-called developments of
many fortunates in the context of educational facilities, art and literature, astronomical, scientific
and technological knowledge, discoveries, inventions, industrialisations, multilateral ways of
communications, access to information and even in so many types of adventures such as
conquering the moon, the mars and other celestial bodies in the sky one after another, but, after a
first fifty years celebration of the founding of the United Nations Organisation and the adoption
of Universal Declaration of Human Rights, and in the beginning of the third millennium and the
twenty first century, because of the random violations of human in a very rubbish manner and
because of continuous race of conflict, armament and war around the world, peace, the
dreamed touchstone of humankind and the fundamental prerequisite for ultimate progress and
development in the world, has made its appearance unavailable.
Human person being the central subject of peace and development and all human beings having
the responsibility for establishing peace and achieving development individually and
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collectively, taking into account the need for full respect for human rights and fundamental
freedoms to practice tolerance and to live together in peace with one another as good neighbours,
human community needs to concentrate all out efforts that aim at the constant improvement of
the well-being of the entire population and all individuals on the basis of the benefits resulting
therefrom.
In this regards, the world peoples need to raise a single voice against any activity of unworthy
conflict, terrorism and war and in favour of universal peace and development, and that voice is
absolutely a single voice of millions and millions of people around the world with a single vision
and mission of achieving ultimate peace and development of the world people as a whole.
Therefore, to confirm continuous peace and development worldwide it is imperative to make the
world terrorism and war free at the earliest.
The matters always concerned in keeping the world terrorism and war free and to confirm
continuous peace and development worldwide having been crying human needs are the issues of
life, food, dress, shelter, education, religion, culture, health, environment, employment,
marriage and choice of spouse, security, freedom, democracy, good governance, equality and
justice etc. which give birth to various rights of every individual irrespective of gender, religion,
race, colour, language, caste, place of birth, political or other opinion, national or social which
deserve remedial measures and protection of law for peace and equal development of all. But in
the present day world as no individual and no country exists in isolation and as all we live
simultaneously in our own communities and in the world at large we all are very much connected
and interdependent and therefore human rights being universally inherent, inalienable and
inviolable rights of all members of the human family which the states and their public authorities
are to ensure for the people, need global treatment across the planet.[6]
The denial of human rights is not only an individual and personal tragedy, it also creates
conditions of social and political unrest sowing the seeds of violence and conflict within and
between societies and nations and as such as a result of work of government, non-government,
national, regional and international organisations around the glove human rights transcend
national boundaries and jurisdiction and thereby go beyond the jurisdiction of a particular
nations public law.[7]
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The charter of United Nations imposes clear, compelling, legal obligations on all member-
nations/states to promote economic and social development and human rights through collective
and individual efforts. The human rights groups throughout the world are performing
commendable tasks drawing attention to violation of human rights and taking steps to implement
these rights, protecting one against person, repressive society and polluted environment, and
above all, man-made bad laws. But what is needed is action derived from collective wisdom if
we are to bequeath a happy peaceful and developed world. To attain the goal, equal protection of
law, equal and reasonable opportunities for everybody to avail the course of law to improve out
quality of life is a must.[8]
A successful investigation to find out proper guidance for protection and promotion of human
rights for peace and development in the world is an international human need.
Therefore, the research topic for PhD in Human Rights Law titled Protection and Promotion of
Human Rights for Peace and Development has been chosen and the aim of the thesis is to
investigate the (a) needs and (b) ways for (c) protection and (d) promotion of (e) human rights
for (f) peace and (g) development in (h) the world.
Through this investigation I propose to find out a concrete theory of continuous world peace and
as well as for sustainable development worldwide on the basis of an investigative study of the
respective issues therein based on the prevailing world situations and individual, collective, state
and international response on human rights abuses, adopted remedial measures, lapses and
recommendations.
Human rights means rights those are inherent in human beings. Men are born with these
inalienable rights and are entitled to these rights irrespective of sex, place of residence, national
or ethnic origin, religion, language or any other status. The Universal Declaration of Human
Rights(UDHR) 1948 and the Constitution of Bangladesh are the main sources of human rights in
Bangladesh.According to the United Nations Universal Declaration of Human Rights 1948, all
human beings are born to be free and equal in identity and rights; are also entitled to right to life,
liberty, personal security, freedom from torture and degrading treatment, freedom from arbitrary
arrest and exile, right to be considered innocent until proven guilty, right to social security, right
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of peaceful assembly and association. (Article 1, 3, 5, 9, 11, 20, 22 of UDHR).Again according
to the constitution of Bangladesh, all citizens are equal before law and are entitled to equal
protection of law; protection of right to life and personal liberty; safeguards as to arrest and
detention; freedom of movement, assembly and association.(Article 27,31,32,33,36,37,38 of the
Constitution)
Law enforcement agency is a government agency which is responsible for the enforcement of
law or insurance of the obedience to the laws. Law enforcement officials are obliged to know,
and to apply, international standards for human rights (UN,2004). Discipline, security and
progress-the only law enforcement agency of Bangladesh that runs according to this motto is
Bangladesh police. Bangladesh police is divided into different branches like metropolitan police,
traffic police, rapid action battalion, police bureau of investigation and criminal investigation
department. All officials shall at all times fulfill the duty imposed on them by law, by serving the
community and by protecting all persons against illegal acts, consistent with the high degree of
responsibility required by their profession. But whenever the protector becomes vitiator the law
and human rights cannot fulfill their aim and violation occurs. Violations of human rights by law
enforcement officials are more severe than others. Thus law enforcement agency lost their
admissibility and reliability.
Statement of the problem

Police have been entrusted with power to maintain the rule of law and social justice.
Unfortunately there have been repeated misuses of power and excesses committed by police
leading to the violation of human rights. In Bangladesh it is prevalent in many ways from
extortion of money to torture, arbitrary arrests, extrajudicial killings, arbitrary detentions,
journalist harassment and custodial rape. All of these are the grave violation of Bangladeshs
constitution and of the Universal Declaration of Human Rights and creates shame, fear and
helplessness to the victim. Anti parties political activists, detainees, accused person, students,
10
women and even clean background public are being victimized by law enforcement officials
nowadays. According to Odhikar, the total number of enforced disappearances was reportedly 30
in 2011, 18 in 2010 and only two in 2009.While some of the 43 people who disappeared from
January 2010 till November 2011 had prior criminal records, others were mostly clean, working
as small traders, students or political activists.(Cited from Momtaz,2013)
Violence by law enforcement officials usually occurs at the time of foot and mobile patrols,
search and seizure, arrests with warrant, arrests without warrant, custodial investigation,
detention and crowd control. The deaths occurred during raids, arrests, and other law-
enforcement operations. The government often described these death as crossfire, gunfight, or
encounters which portraits the picture of blatant violation of fundamental rights that are
enshrined in the Bangladesh Constitution (Momtaz,2013). According to Ain O Salish Kendra, in
2013 out of 208 reported victims, 24 were killed in cross fire by RAB, 17 by police, 1 by
BGB, 1 person was reported to have died after torture by RAB and Police, and 26 persons were
tortured in police custody(ASK,2014).
Although the constitution and law prohibit torture and other cruel, inhuman, or degrading
treatment or punishment, local and international human rights organizations and the media
reported security forces, including the RAB and police, employed torture, threats, beatings,
electric shock and other physical and psychological abuse during arrests and interrogations. In
the year of 2015, 69 people died in custody (ASK,2016) and 11 people were beaten, strangled
and tortured to death in police custody (Odhikar,2016).According to the constitution, state is
committed to ensure the right to assembly and freedom of association. But in 2015 according to
ASK; 135 persons were killed because of mob beating that was 127 in 2014 and 127 in 2013 by
the law enforcement officials.
On 11 th January 2016, physical and psychological torture of bank official Golam Rabbi; on 15 th
January 2016, physical torture of Bikash Chandra Das by the civil team of police; on 31 st
January 2016, the sexual harassment of Farhana Akter by SI Ratan Kumar Halder and on 3 rd
February 2016, the death of petty shopkeeper Babul Matbar by the police; makes people more
worried about the violation of fundamental rights. Lastly, on 15 February 2016, SI Ashraful and
suspended Corporal of Bangladesh Air Force were apprehended by public at the time of
extorting gold. All of these incident portraits the abuse of power by the police because they are
11
not working within the parameters laid down by law, in absolute good faith and with
transparency. That is why the violation of human rights by law enforcement officials has
become a major concern.
National Human Rights Commission, Odhikar ,Ain O Salish Kendra(ASK) ,Bangladesh National
Womens Lawyer Association, Human Rights Watch are working spontaneously to support
victims. The constitution of Bangladesh guarantees all the major internationally recognized
human rights. To assure this code of conduct and new guidelines for arrest, bail, custody, search,
interrogation are essential for police. Police should be given incentives and awards for their
performance. At the same time, they should be given exemplary punishment for their misdeeds
and a separate independent agency should be formed to investigate the crimes committed by the
law enforcing agencies.
[1]{C} Vienna Declaration, 1993, para1.
[2]{C} International Human Rights Text and Materials By Professor Rebecca Wallace with Kenneth Dale-Risk, Sweet and
Maxwell, London 2001, para 1, page v.
[3]{C} Ibid, para 2, Page vii. [4]{C} Ibid para 3, page v. [5]{C} Ibid.
[6]{C} My Article Human Rights in 21st Century: Future Challenges Published in The Independent, Dhaka, Bangladesh as its
Editorial on 22 January 2001.
[7]{C} Ibid. [8]{C} Ibid.
Chapter 2
2.1 Methodology
The present pursuit studied the legal documents and the empirical researches that have been
conducted. United Nations publications concerning human rights, human rights laws, document
and publications of national and international organisations, case laws, journals, research papers
relevant to the study have been analyzed and documented in accordance with recognised process
of documentation of social science, laws and legal jurisprudence.
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2.2 Hypothesis
Because, human rights are generally defined as those rights which are inherent in our nature and
without which we cannot live as human beings, it is hypothesised that:
H1: Right being synonymous of legal and antonymous of both wrong and illegal, every
right of any human person is ipso facto a legal right which deserves protection of law and
legal remedy irrespective of having being written into the law, constitution or otherwise in any
country.
Because right to life, security, prosperity and peace are basic human rights and human beings are
interdependent each other, it is hypothesised that:
H2: Every human being is subject to live and let live the others jointly in the world with common
basic needs and realities among themselves and to fulfill such needs for survival, security,
prosperity and peace, man, irrespective of gender, race, religion and colour, is one to one-cum-
one for other dependent or inter dependent and thereby every human person naturally inherits
a man for man plus one to one-cum-one for other approach of thinking, living and working.
Because in present scenario division, clash, violence, discrimination, poverty, injustice, arms
race, nuclear weaponry, terrorism and war are major cause of human rights abuses and threat to
peace and development of the world, it is hypothesised that:
H3: For protection and promotion of human rights for continuous peace and development
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brotherhood, love and equality. These objectives aim a borderless global standard and a New
World Order, namely, a man for man plus one to one-cum-one for other approach and
treatment and side by side to ensure that none remains outside such process.
H4: For protection and promotion of human rights for continuous peace and development
worldwide, instead of making enmity or making target of guns and bringing within the range of
high-tech missiles or sophisticated nuclear weapons, every human being needs to make target to
earn, acquire and possess the ideals of brotherhood, love, equality, prosperity and peace in
himself or herself and thereby get prepared to be embraced as an Ambassador of World Peace.
H5: The only way to make the world terrorism and war free and to confirm peace and
development worldwide is the unity of the world community in one and single theory of man for
man correlative, interdependent and one to one-cum-one for other approach, namely, the Man
for Man Theory approach of world peace.
2.3 Experimental Works
As part of my experimental works I have had opportunities to illustrate the views of leading
persons in legal profession, human rights activists and journals/newspapers towards human rights
issues and man for man plus one to one-cum-one for other approach treating human rights as
legal rights to unite the world community in slogan man for man for peace and development in
the world to keep the world terrorism and war free and to confirm continuous peace and
development worldwide was demonstrated through nationwide study in Bangladesh. A total 50
leading lawyers-cum-human rights activists from different Bar Associations of Bangladesh had
been interviewed/ consulted. 100% response had been in the affirmative i.e. in response all of
them had expressed their willingness to share with their efforts to such activities under the
banner of three newly launched organisations Bangladesh Legal Rights Association (BLRA)
14
(an organisation first of its kind in the world) Man for Man International (MMI) and Centre for
Global Water and Environment Management Law Research (CGWEMLR) where I am now
representing as President of BLRA and Chairman of MMI and CGWEMLR respectively.
During this study I found the role of National Dailies of Bangladesh, especially the leading daily
English newspapers published from Dhaka, Bangladesh namely, The Independent, The New
Nation and The Financial Express in which the launching news of these organisations was
published with a short details of aims and objectives with much importance. In this regard I
received a warm response from London based international organisation GREENPEACE
ENVIRONMENTAL TRUST by a letter signed by Trust Administrator Maurice Trotman who
conveyed their congratulation to me on my election to Man for Man International, Centre for
Global Water and Environment Management law Research and the Bangladesh Legal Rights
Association and also wished my success for the future. An important piece of work, in which, in
the beginning of 21st century and the Third Millennium, I experienced the needs of human rights
issues to be remedied globally, is selection of my article titled Human Rights in 21st Century:
Future Challenges[1] published on 28 January, 2000 in The Independentthe renowned daily
English newspaper of (Dhaka) Bangladesh, as its EDITORIAL where I found:
The dawn of the 21st century and the Third Millennium has set in with the realities to
face the newer human rights challenges to address the basic needs of people universally
and internationally. A continuous process of demanding changes in human rights
perspective for globalisation has also started.
Human issues are concerned with life, food, dress, shelter, education, religion, culture,
health, environment, employment, marriage and choice of spouse, security, freedom,
democracy, good governance, equality and justice etc. which give birth to various rights
of every individual irrespective of gender, religion, race, colour, language, caste, place of
birth, political or other opinion, national or social. So all such rights deserve remedial
measures and protection of law for peace and equal development of all.
In the present day world as no individual and no country exists in isolation and as all we
live simultaneously in our own communities and in the world at large we all are very
much connected and interdependent and therefore human rights being universally
inherent, inalienable and inviolable rights of all members of the human family which the
states and their public authorities are to ensure for the people, need global treatment
across the planet.
The denial of human rights is not only an individual and personal tragedy. It also creates
conditions of social and political unrest sowing the seeds of violence and conflict within
15
and between societies and nations and as such as a result of work of government, non-
government, national, regional and international organisations around the globe human
rights transcend national boundaries and jurisdiction and thereby go beyond the
jurisdiction of a particular nations public law.
The UN has the responsibility as the global institution to stress the global nature of the
crisis and to insist on the need of global solution based on global rules that are fair to all.
It is the job of the UN to ensure that nations do not react to global crisis by turning their
backs on universal values and the UN must be key player in the search for solutions that
preserve the benefits of globalisation, while protecting those who have suffered or up to
now have been left out.
2.4 Organisation of the Dissertation
The present thesis comprises Seven Chapters. Chapter One deals with the Introduction. Chapter
Two discusses Methodology, Hypothesis, Experimental Works, Organisation of the Dissertation
and Summary. Chapter Three discusses the Definition and Need for Protection and Promotion of
Human Rights, the Ways and Norms for Protection of Human Rights, the Criteria of Human
Rights Protection, the Charter of the United Nations, the Universal Declaration of Human Rights
and Summary. Chapter Four demonstrates Protection and Promtion of Human Rights for
International Peace and Security, the Role of United Nations in Promotion and Protection of
Human Rights, United Nations Intergovernmental Bodies, Dealing with Human Rights,
Establishment of International Human Rights Standards, Mechanisms for Protection of Human
Rights, UN Human Rights Advisory Services and Technical Assistance, Good offices of the
Secretary General, Integrating Human Rights for Peace and Development in the World,
Eliminating Poverty and Sustaining Livelihoods, Developing Capacity for Good Governance, the
Right to Development, the Declaration on the Right to Development, the Component Rights of
the Human Right to Development Include, Obligations of States (Individual), Obligations of
States (Collective), United Nations and Human Rights Organisations, the Role of UNHCHR,
Mandate of the High Commissioner, the Human Rights Council, the Security Council, the
International Criminal Court, the Role of Non-Governmental Organisations and Summary.
Chapter Five focuses Philosophical Analysis of the Concept of Human Rights, Moral and Legal
Rights, Philosophical Justification of Human Rights, Interest Theory Approach, Will Theory
Approach and Summary. Chapter Six contain Hypotheses Revisited and Recommendations,
Treating Human Rights as Legal Rights: Revisiting First Hypotheses, New World Order:
Revisiting Second and Third Hypotheses, Man for Man Theory Approach: The Theory of World
Peace: Revisiting Fourth and Fifth Hypotheses and Chapter Seven includes Conclusion and
Suggestions for Further Research.
2.5 Summary
Experimental works illustrates views that favours a man for man plus one to one-cum-
one for other approach, namely, the Man for Man Theory approach for the unity of the
16
world community to keep the world terrorism and war free and to confirm peace and
development worldwide.
The Third Millennium has set in with the realities to face the newer human rights
challenges to address the basic needs of food, dress, shelter, education, religion, culture,
health, environment, employment, marriage and choice of spouse, security, freedom,
democracy, good governance, equality and justice for peace and equal development of all
throughout the world.
As global institution the UN has the responsibility to stress the global nature of the crisis
and to insist on the need of global solution based on global rules that are fair to all
ensuring that nations do not react to global crisis by turning their backs on universal
values and further that none is left out from any process required to achieve ultimate
peace and development in the world.
In the present day world we all are very much connected and interdependent.
[1]{C} Human Rights in 21st Century: Future Challenges Published in The Independent, Dhaka, Bangladesh as its Editorial on
22 January 2001.
Examples of human rights

Human rights are described in the Universal Declaration of Human Rights and in the various
treaties (also called covenants and conventions), declarations, guidelines and bodies of
17
principles elaborated by the United Nations and by regional organizations. They include a broad
range of guarantees, addressing virtually every aspect of human life and human interaction. The
rights guaranteed to all human beings include:
Freedom of association, expression, assemblyand movement;
Right to life;
Freedom from torture and cruel, inhuman or degrading treatment or punishment;
Freedom from arbitrary arrest or detention;
Right to a fair trial;
Freedom from discrimination;
Right to equal protection of the law;
Freedom from arbitrary interference with privacy, family, home or correspondence;
Right to asylum;
Right to nationality;
Freedom of thought, conscience and religion;
Right to vote and to take part in government;
Right to just and favourable working conditions;
Right to adequate food, shelter, clothing and social security;
Right to health;
Right to education;
Right to participate in cultural life.
Who monitors human rights?

Of course, merely listing a set of rules is not enough to ensure their application. Accordingly, the
implementation of human rights standards is closely watched at several levels. At the national
level, human rights are monitored by:
1. Concerned government agencies and services, including the police;
2. National human rights institutions (such as a human rights commission or an
ombudsman);
3. Human rights and other non-governmental organizations (NGOs);
4. The courts;
5. Parliament;
6. The media;
7. Professional organizations (such as lawyers, doctors, etc.);
8. Trade unions;
9. Religious organizations; and
10. University centres.
History of human rights
18
Although ideas of rights and liberty have existed for much of human history, it is unclear to what
degree such concepts can be described as "human rights" in the modern sense. The concept of
rights certainly existed in pre-modern cultures; ancient philosophers such as Aristotle wrote
extensively on the rights (to dikaion in ancient Greek, roughly a 'just claim') of citizens to
property and participation in public affairs. However, neither the Greeks nor the Romans had any
concept of universal human rights; slavery, for instance, was justified in both ancient and modern
times as a natural condition. Medieval charters of liberty such as the English Magna Carta were
not charters of human rights, let alone general charters of rights: they instead constituted a form
of limited political and legal agreement to address specific political circumstances, in the case of
Magna Carta later being mythologized in the course of early modern debates about rights. The
basis of most modern legal interpretations of human rights can be traced back to recent European
history. The Twelve Articles (1525) are considered to be the first record of human rights in
Europe. They were part of the peasants' demands raised towards the Swabian League in the
German Peasants' War in Germany. In Britain in 1683, the English Bill of Rights (or "An Act
Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown") and
the Scottish Claim of Right each made illegal a range of oppressive governmental actions. Two
major revolutions occurred during the 18th century, in the United States (1776) and in France
(1789), leading to the adoption of the United States Declaration of Independence and the French
Declaration of the Rights of Man and of the Citizen respectively, both of which established
certain legal rights. Additionally, the Virginia Declaration of Rights of 1776 encoded into law a
number of fundamental civil rights and civil freedoms. These were followed by developments in
philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill and G.W.F.
Hegel during the 18th and 19th centuries. The term human rights probably came into use some
time between Paine's The Rights of Man and William Lloyd Garrison's 1831 writings in The
Liberator, in which he stated that he was trying to enlist his readers in "the great cause of human
rights". In the 19th century, human rights became a central concern over the issue of slavery. A
number of reformers, such as William Wilberforce in Britain, worked towards the abolition of
slavery. This was achieved in the British Empire by the Slave Trade Act 1807 and the Slavery
Abolition Act 1833. In the United States, all the northern states had abolished the institution of
slavery between 1777 and 1804, although southern states clung tightly to the "peculiar
institution". Conflict and debates over the expansion of slavery to new territories culminated in
19
the southern states' secession and the American Civil War. During the reconstruction period
immediately following the war, several amendments to the United States Constitution were
made. These included the 13th amendment, banning slavery, the 14th amendment, assuring full
citizenship and civil rights to all people born in the United States, and the 15th amendment,
guaranteeing African Americans the right to vote. Many groups and movements have achieved
profound social changes over the course of the 20th century in the name of human rights. In
Western Europe and North America, labour unions brought about laws granting workers the right
to strike, establishing minimum work conditions and forbidding or regulating child labor. The
women's rights movement succeeded in gaining for many women the right to vote. National
liberation movements in many countries succeeded in driving out colonial powers. One of the
most influential was Mahatma Gandhi's movement to free his native India from British rule.
Movements by long-oppressed racial and religious minorities succeeded in many parts of the
world, among them the African American Civil Rights Movement, and more recent diverse
identity politics movements, on behalf of women and minorities in the United States. The
establishment of the International Committee of the Red Cross, the 1864 Lieber Code and the
first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law,
to be further developed following the two World Wars. The World Wars, and the huge losses of
life and gross abuses of human rights that took place during them, were a driving force behind
the development of modern human rights instruments. The League of Nations was established in
1919 at the negotiations over the Treaty of Versailles following the end of World War I. The
League's goals included disarmament, preventing war through collective security, settling
disputes between countries through negotiation and diplomacy, and improving global welfare.
Enshrined in its charter was a mandate to promote many of the rights later included in the
Universal Declaration of Human Rights.
At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant the
League's role; this was to be the United Nations. The United Nations has played an important
role in international human-rights law since its creation. Following the World Wars, the United
Nations and its members developed much of the discourse and the bodies of law that now make
up international humanitarian law and international human rights law.
Origins of rights
20
Human rights are typically divided into two categories: negative human rights (rights to be free
from) and positive (rights to) although other categorisations exist. Negative human rights follow
mainly from the Anglo-American legal tradition, and are rights which denote actions that a
government should not take. These are codified in the United States Bill of Rights, the English
Bill of Rights and the Canadian Charter of Rights and Freedoms and include freedoms of speech,
religion and assembly. Positive human rights follow mainly from the Rousseauian Continental
European legal tradition, and rights that the state is obligated to protect and provide. Examples of
such rights (not all are universally agreed upon) include: the rights to education, to a livelihood,
and legal equality. Positive rights have been codified in the Universal Declaration of Human
Rights and in many 20th century constitutions. The origin of modern positive rights in
international law may be traced to the creation of the International Labour Organization in 1919
as a Western response to the socialist ideology of the Russian Revolution of 1917. A
categorisation offered by Karel Vasak is the three generations of human rights: first-generation
civil and political rights (right to life and political participation), second-generation economic,
social and cultural rights (right to subsistence) and third-generation solidarity rights (right to
peace, right to clean environment). Out of these generations, the third generation is the most
debated and lacks both legal or political recognition. Some theorists discredit these divisions by
claiming that rights are interconnected. Arguably, for example, basic education is necessary for
the right to political participation. Aside from the international legal human rights framework,
there are several possible sources of rights thinking. One justification stems from natural law.
The theory espoused by the US Declaration of Independence and ingrained in Anglo-American
legal thought is that rights arise from a divine Creator, and are thus a part of a moral philosophy.
Religious societies tend to try to justify human rights through religious arguments. For example,
liberal movements within Islam have tried to use the story of Adam in the Qur'an to support
human rights in a Muslim context.
Philosophy of human rights
The philosophy of human rights attempts to examine the underlying basis of the concept of
human rights and critically looks at its content and justification. Several theoretical approaches
have been advanced to explain how and why human rights become part of social expectations.
One of the oldest Western philosophies on human rights is that they are a product of a natural
law, stemming from different philosophical or religious grounds. Other theories hold that human
21
rights codify moral behavior which is a human social product developed by a process of
biological and social evolution (associated with Hume). Human rights are also described as a
sociological pattern of rule setting (as in the sociological theory of law and the work of Weber).
These approaches include the notion that individuals in a society accept rules from legitimate
authority in exchange for security and economic advantage (as in Rawls) a social contract. The
two theories that dominate contemporary human rights discussion are the interest theory and the
will theory. Interest theory argues that the that the principal function of human rights is to protect
and promote certain essential human interests, while will theory attempts to establish the validity
of human rights based on the unique human capacity for freedom.[11] The strong claims made
by human rights to universality and have led to persistent criticism. Philosophers who have
criticized the concept of human rights include Jeremy Bentham, Edmund Burke, Friedrich
Nietzsche and Karl Marx. A recent critique has been advanced by Charles Blattberg in his essay
"The Ironic Tragedy of Human Rights." Blattberg argues that rights talk, being abstract, is
counterproductive since it demotivates people from upholding the values that rights are meant to
assert.
Treaties
In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United
Nations, between them making the rights contained in the UDHR binding on all states that have
signed this treaty, creating human-rights law. Since then numerous other treaties (pieces of
legislation) have been offered at the international level. They are generally known as human
rights instruments. Some of the most significant, referred to (with ICCPR and ICESCR) as "the
seven core treaties", are:
1. Convention on the Elimination of All Forms of Racial Discrimination (CERD) (adopted
1966, entry into force: 1969)
2. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) (entry into force: 1981)
3. United Nations Convention Against Torture (CAT) (adopted 1984, entry into force: 1984)
4. Convention on the Rights of the Child (CRC) (adopted 1989, entry into force: 1989)
5. Convention on the Rights of Persons with Disabilities (CRPD) (adopted 2006, entry into
force: 2008)
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6. International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (ICRMW or more often MWC) (adopted 1990, entry into
force: 2003)
The Laws In Question and How They Are Misused?
Scope of Torture in Remand
Part V, chapter XIV of the Code of Criminal Procedure 1898 deals with the police and their
powers to investigate. Whenever any person is arrested or taken into custody and it appears that
the investigation cannot be completed within 24 hours and there are grounds to believe that the
accusation or information is well founded, the officer in charge of the police station may forward
the accused to the magistrate and the magistrate may authorize the detention of the accused in
such custody for a period not exceeding 15 days. After investigation if it appears to the police
that there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of the
accused to a magistrate such officer shall release the person from custody on his executing a
bond with or without sureties. And if upon an investigation it appears to the officer that there is
sufficient evidence or ground, such officer shall forward the accused under the custody of the
Magistrate empowered to take cognizance of the offence upon a police report and to try the
accused and send him for trial.
The general rule is that special orders for the remand of accused persons under section 167 must
not be granted to the police without good and sufficient cause shown, accused persons should be
brought before the Magistrate having jurisdiction who, if further investigation is necessary, he
can adjourn his enquiry from time to time under section 344 of the Code. When, however, a
23
person is brought before the Magistrate prior to the granting of an order of detention the latter
must be satisfied that
a) there is a substantial ground for suspecting that the person had committed a definite offence
such as to warrant his arrest and detention; and
b) his remaining in the hands of the police is really necessary, such detention may after tend to
defect justice rather than further it, and should not be ordered without evidence sufficient to
warrant it on the principles stated above.
The order of remand is upon the subjective satisfaction of the magistrate that there is a necessity
of granting remand for the interest of the case. Now a days it has become a practice of the police
in almost every case to apply for the remand of the accused whether there is any actual need or
not. This section is now being misused as an instrument for interrogation and to obtain a
confessional statement or any other information through torture. This is how the police
manipulate the situation and there are many reported deaths in police custody (discussed earlier)
for torturing the arrested person.
Section 54 of the Code of Criminal Procedure
According to section 54 of the Criminal Procedure Code (Cr. Pc.), the police can arrest anyone
whom it suspects of being involved with any crime. Under section 54 of the Code of Cr. Pc.
1898, individuals may be arrested under suspicion of criminal activity without any order from a
magistrate or a warrant. According to the section, there are nine specific
reasons for which the police may arrest someone under this law. These reasons (summarized
from the original) are:
If the person arrested has been concerned in any cognizable offence or if there has been
credible information against him, or the police have reasonable suspicion to think so;
If the person has in his possession any implement of house breaking and cannot give a lawful
excuse for doing so;
24
If a person has been proclaimed under this or any other Code or by government order, to be an
offender;
If there is reasonable suspicion to believe that the person possesses stolen property;
If the person obstructs a police officer on duty, or if the has or attempts to escape from lawful
custody;
If the person is a deserter from the armed forces of Bangladesh;
If the person has been concerned in or if there is credible information of his being so involved
in or there is reasonable suspicion that he is concerned in committing any act abroad which
would have been a punishable offence in Bangladesh (if committed in this country). He would be
detained under custody in Bangladesh under the Fugitive Offenders Act 1881 or under
extradition laws;
If the person is a released convict, he can be arrested if the does not notify the sentencing
judge of his change of address or absence from residence;
If the arrest of a specific person for a specific crime has been made by another police officer
by requisition. Some persons initially detained under section 54 are subsequently charged with a
crime, while others are released without charge. However, the term reasonable suspicion,
credible information or reasonable complaints appears in several of the reasons under which a
police officer can arrest a person under section 54 of the Code of Cr. Pc. Unfortunately, these
terms are one of the reasons why this section is so misused. Therefore, after the arrest under
section 54, the police forward the person before the Magistrate with a prayer for remand under
section 167 of the Code of Criminal Procedure which has been discussed earlier.53 To some
officers, moreover, S/54 of the Code of Cr. Pc is the way to get money.
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Section 100/86 of the Dhaka Metropolitan Police Ordinance
Section 100/86 of the Dhaka Metropolitan Police Ordinance (here after DMP Ordinance) echoes
the provision of section 54 of the Code of Cr. Pc. Section 86 of DMP Ordinance deals with the
punishment of persons on suspicions motives between the times of dusk to dawn. The law states
that, if a person is seen between the hours of dusk to dawn, acting under several stated
circumstances the police arrest him/her under reasonable suspicion.
Section 86 of the Dhaka Metropolitan Police (DMP) Ordinance provides (unofficial translation):
If any person is found in following situations during the period between sunset to sunrise:
a) Equipped with dangerous machinery without satisfactory reasons, or
b) Covered face or in disguise without satisfactory reason, or
c) Present in any residence or any other building or any boat or water vessel or any other
transport without satisfactory reason, or
d) Sleeping or wandering on any street or in any place without satisfactory reasons, or
e) Possessing the tools of entering any house forcefully without satisfactory reason, then the
person will be liable for one year imprisonment or fine of taka two thousand or both.
Section 100 of the DMP ordinance provides: in the presence of any police officer or in his
attention if any person commits any offence under this Ordinance or any other law in force, that
police officer can arrest him without warrant.
However S/54 of the Code of Criminal Procedure is applied all over Bangladesh but S/86 of
DMP Ordinance is used for arrest in the Dhaka Metropolitan area only. It is also common for
person arrested under S/54 of the Code of Criminal Procedure, to find they latter charged under
the Special Powers Act 1974, a repressive law favored by all the governments, or the Controls of
Narcotics and Drugs Act or even the Explosives Act. This conversion occurs where a prayer or
petition for detention under these Acts, is submitted to the district magistrate from the concerned
26
police station, through the superintendent of police. The district magistrate then issues a common
order and sends it for approval to the
ministry of Home Affairs.
The Special Powers Act 1974
The Special Powers Act 1974 (here in after SPA) is deemed by human rights activists and other
members of civil society as a repressive law. The use and abuse of this Act in the name of
protecting the security of the state has resulted in a steady pattern of human rights violations. The
Act provides Special Measures for the prevention of prejudicial activities,
for a speedy trial and punishment for grave offences. Under prejudicial acts the law includes acts
that are prejudicial to:
the sovereign and/or state; to the maintenance of friendly relations between other states and
Bangladesh;
to the security of Bangladesh;
to the safety or maintenance of public order;
to the peaceful co-existence among different classes and section of the community;
to the maintenance of law and order;
to the security of any section of the public;
to the economic and financial interests of the state;

For aforesaid grounds police can arrest any person at any time.
Who are detained under section 54, Section 100/86 and the SPA?
27
Investigations carried out by Odhikar since January 2003 have shown that the larger majority of
persons arrested under S/54 of the Cr. Pc, and section 100/86 of the DMP Ordinance, and under
the SPA are from very poor economic background. They are either homeless person, rickshaw
pullers striving to make ends meet, small scale vegetable and fruit vendors, street children,
destitute women who, being abandoned by their husbands, turn to the streets to try and support
their children and youths suspected as terrorists, extortionists and for rival political activities.
Causes for Violations
Why such violations are rampant in Bangladesh security forces? Various reasons are responsible
for such violations by the police discussed with more details here in below:
Corruption
Our police department has been charged against involve in corruption. Taking bribes, harassing
innocent people, links with notorious gangsters, extortions, misusing power for personal gains
are some of the common forms of crimes police are accused of. According to the National
HouseHold Survey-2012 by the Transparency International Bangladesh
(TIB),75.8 percent personnel of the law enforcement is found corrupt during the one year period
ending April 2012.58
Political Interest
One of the recognized reasons against the police for violating human rights is that they are used
for political interest by the government. In the last 16 years during which democratically elected
governments are ruled the country, it is seen that how blatantly the government use the police as
its party cadre to oppress the opposition.59 We find that by the enactment of some politically
motivated laws, namely: the Special Powers Act, Section 54 of the Code of Cr, Pc, the
government has provides an opportunity for the police to misuse these laws for personal
interest60.
28
Salary Structure of Police
The salary structure of the police department is so poor that it is simply impossible to lead an
honest life. At present, constable starts with the structure of 4500/= to 9095/=, sub- inspector
starts with 6400/= to 9305/=, ASP starts with 14430/= to 20370/= and Inspector General of
Police gets 40000/= fixed.61
Inhuman Life of Police
The Police force particularly the subordinate rank have to work for long and arduous hours (all
most daily 12-13 hrs) much beyond the normal working hours to cope with the incessant need of
public order and criminal administration. In some cases, they have to work more than 15 hours.
During the Odhikars monitoring, it was found that due to exigencies of public service and more
so on occasions of religious and others festivals, police personnel cannot enjoy most of the
government holidays because they are deployed in large numbers to maintain peace and order on
such occasions.62 It is to be mentioned that, he never gets better salary or allowances for
sacrificing his pleasures just to make sure that our merriment goes on untroubled.
Lack of Human Rights Training for Police Personnel
Another major drawback lies with the existing training facility of the police. The amount of
training of police officers in police stations, compared to training received at head quarters, is
very low. A survey on the training of 100 constables of Dhaka Metropolitan Police, selected at
random, who had completed 20 years of service, revealed that 96 received only basic training for
6 or 3 months. The basic cause is heavily biased towards physical training. Of 1,329 classes
during a 6 month basic course, only 530 were devoted to academic training, and this was mostly
on laws and procedures (1996).64 In Bangladesh, there is no such institute for police where
international standard education and training for improving over all human rights knowledge and
capability of the police officers and training focusing on human security issues of the poor,
woman and children can be imparted. As a result, of absence and ignorance, protecting and
29
promoting the universal norms of human rights, police itself, become the perpetrators and human
rights violators.
Accommodation
Accommodation is another big problem according to PRB, only 20% of the constables and sepia
are allowed to live with their families. Others have to live in the thanas or barracks. A recent
survey of accommodation by police head quarters
Lack of Human Rights Training for Police Personnel
Another major drawback lies with the existing training facility of the police. The amount of
training of police officers in police stations, compared to training received at head quarters, is
very low. A survey on the training of 100 constables of Dhaka Metropolitan Police, selected at
random, who had completed 20 years of service, revealed that 96 received only basic training for
6 or 3 months. The basic cause is heavily biased towards physical training. Of 1,329 classes
during a 6 month basic course, only 530 were devoted to academic training, and this was mostly
on laws and procedures (1996).64 In Bangladesh, there is no such institute for police where
international standard education and training for improving over all human rights knowledge and
capability of the police officers and training focusing on human security issues of the poor,
woman and children can be imparted. As a result, of absence and ignorance, protecting and
promoting the universal norms of human rights, police itself, become the perpetrators and human
rights violators.65
Accommodation
Accommodation is another big problem according to PRB, only 20% of the constables and sepia
are allowed to live with their families. Others have to live in the thanas or barracks. A recent
survey of accommodation by police head quarters revealed that 14,153 constables/ naiks/ head
constables did not even have barrack accommodation. There were 32,454
cases of shortages of family accommodation for assistant sub-inspectors / head constables
/naiks / constables; 4,603 for sub-inspectors and equivalents; 1,285 for senior assistant police
30
superintendents/ assistant police superintendents/ inspectors and 98 for superintendents of police/
additional/ superintendents of police.66 Inside the dingy quarters, policemen sleep on the floor in
very little space sharing pillow and blankets. Then it is really a question how they are to be
conscious of the human rights when they themselves are receiving inhuman treatment.67
Defects in Recruitment Procedure
There is also a huge flaw in the recruitment procedure, which has far reaching effects on the
entire department. In this system, the field level officers do not have the opportunity to be
promoted to the highest office of the department. All the higher level posts are exclusively
preserved for officers who are appointed through BCS Examination and start as an ASP. This is a
strange procedure practiced in our country. This discriminating practice gives rise to frustration
among the field level officers. Another important thing is that, in selecting a candidate political
affiliation, good connection or how fat the bribe is become the deciding factor. By recruiting a
police officer through pay off, the first thing he learns is corruption.68
Lack of Scientific facilities
Our police do not have modern transportation, information and communication technology. They
are ignorant about modern investigations tools like the detector, DNA technology etc.
Absence of Community Policing
The fight against crime and disorder can only be won if there is an increased involvement of the
community, matched by greater public participation. There is no trust or confidence in police at
community level. As a result police, as a service organization fail to receive cooperation from its
valuable client, the community. This social isolation makes police more
rude and abusive.
Impunity for law enforcing Agency
31
There is no separate authority or department to investigate the human rights violations related
crimes committed by the police. As a result, it is the police which investigate allegations of
human rights violations committed by their departmental fellow colleagues by which in most of
the cases police get relief from the allegations or are awarded comparatively light punishment. In
some cases, upon the public pressure some possible perceived consequences are removal from
service, damage to career, punitive transfer, disturbance of personal and family life etc. And at
these stages the departmental proceedings are completed. Consequently, police is enjoying an
informal impunity despite being perpetrator of human rights violations. When any complaint is
filed before any court against the alleged violations of human rights perpetrated by police, it is
the state which bears the expenses from its fund. As a result, the corrupt and human rights
violators police that enjoy not only impunity from the responsibility of crime related with
human rights violations but also economical relief.71The Armed Police Battalions
Ordinance,1979 laid down that no suit, prosecution or other legal proceedings shall be against
any member of the Force, for anything which is done or intended to be done in good faith under
this Ordinance.72That is why there are overall despair and dissatisfaction against the police so
much that people are usually reluctant to report crimes in thana as they fell certain that they will
not get relief or fair treatment .
Role of NGO
In Bangladesh several Non-Governmental Organizations (NGO) are working to monitor the civil
and political rights situations in Bangladesh, including the human rights violations by law
enforcing agency. Such NGOs are, namely Bangladesh Legal Aid and Services Trust (BIAST),
Ain O Shalish Kendro (ASK), Odhikar etc. For the last four or five years, these organizations
monitor the human rights situations in Bangladesh. They play an active role on this point and
make many recommendations to the government. But it is the government who is to click such
recommendations for upgrading the present law and order situation.
32
Consequences
Human rights violations have become daily occurrences in Bangladesh. The populations with
limited financial resources are especially vulnerable to human rights violations. Those who have
been victims of human rights violations often try to seek help from community leaders, law
enforcement agencies, lawyers, journalists, human rights advocates and organizations, and local
government officials. Authorities failed at times to maintain effective control over security
forces. Security forces reportedly committed human rights violatns .The most significant human
rights problems were ;
Political violence
Hundreds were killed and injured in violent attacks surrounding the controversial January
elections. Both Bangladeshs ruling party, as well as opposition parties, were responsible for the
violence. Supporters of the opposition Bangladesh Nationalist Party and the Jamaat-e-Islami
party threw petrol bombs to enforce strikes and economic blockades. Before and after the
election, attackers also vandalized homes and shops owned by members of Bangladeshs Hindu
and Christian communities.In response, the government cracked down on opposition members,
naming hundreds of them as suspects in violent attacks. Members of law enforcement agencies
carried out extrajudicial executions, enforced disappearances, arbitrary arrests, and unlawful
destruction of private property.
Human rights violations on the high seas
Bangladeshi and Myanmar citizens from a jungle in Sadao District under the Shongkhal
Province of Thailand, along the Malaysian border. It is believed that the deceased were traveling
to go abroad by sea as illegal migrant workers. At the same time, Thai police also found some
abandoned camps where migrants were detained by their traffickers. It was leant that more than
10 thousand poor Bangladeshis and citizens belonging to the Muslim minority Rohingya
population of Myanmar, enter Malaysia for work through this notorious human trafficking route.
Syndicates of human traffickers from Bangladesh, Myanmar, Thailand and Indonesia have also
been trafficking poor citizens of Bangladesh and Myanmar by luring them with jobs in Malaysia.
33
When the incident of mass graves was published in media the whole world paid attention. At one
stage, the governments of Malaysia, Thailand and Indonesia increased patrols in their maritime
waters and the security forces of these countries pushed back migrant-filled boats into non-
territorial waters. As a result hundreds of boats carrying thousands of migrants were floating in
the Andaman Sea and Malakka Channel. Many traffickers and sailors fled from the boats after
stopping the engines. Many boats were sunk in the sea as the engines were shut. On May 16,
2015 at least 104 people died in a clash amongst migrants for food on a boat floating near a
Malaysian beach.On
May 20, 2015 a three-nation Foreign Minister level meeting was held in Kuala Lumpur, where
Thailand and Indonesia also attended.
Extrajudicial killings
The law and justice delivery system of the country is becoming increasingly questionable and
human rights are being seriously violated due to the persistence of extrajudicial killings. Odhikar
has noticed that in the border areas especially in Coxs Bazaar and Teknaf, human trafficking is
increasing significantly. The security force are killing people in the name of shootout and
stating they were traffickers. As a result, before even proving their crimes in Court, victims are
being killed. This also creates an obstruction for tracing the actual masterminds behind human
trafficking. In May 2015, a total of 18 persons were allegedly killed extra-judicially.
Torture in custody
Fact finding missions on incidents of torture, highlighting the fact that this practice must stop.
On October 24, 2013 the Parliament, through voice vote, passed the Torture and Custodial Death
(Prevention) Act, 2013. Despite this, incidents of torture in the custody by law enforcement
agencies continue.Ex; On May 14, 2015 Rezaul Islam (55) of Khayersuti village of Dogachi
Union under Pabna Sadar Police Station was picked up from his house and allegedly beaten to
death by Detective Branch (DB) police.
Shooting in the legs after arrest by law enforcers
34
The law enforcement agencies are enjoying impunity, which helps them to continue such
activities. RAB and police are not only targeting political opponents but also attacking ordinary
citizens. Several people have already become disabled due to shooting by law enforcement
agencies.Ex ; On May 24, 2015 Sabbir Hossain Sohan (17) a Higher Secondary Certificate
examinee of Keshobpur Degree College Jessore, was detained from Keshobpur Bazaar and was
beaten and shot in his right leg by the police of Monirampur Police Station.
Enforced disappearance
The enforced disappearance of persons has been practiced since the mid 20th century. Enforced
disappearances constitute an extreme violation of human rights, infringing many fundamental
rights. Furthermore, not only is the person affected who becomes the direct victim, but also his or
her family, colleagues and friends as well as society as a whole. Most of the disappeared are
persons who are critical of their governments. It is said that enforced disappearances are
replacing the extra judicial killings in Bangladesh. According to information gathered by
Odhikar from January to May 2015, 36 persons have been disappeared; of them, eight were later
found dead and 16 were later produced before the Court and whereabouts of 12 persons are still
unknown.
Death in custody
The laws both in national and international sphere, these legal mandates are absent in practice
and that is why death in police custody is a growing phenomenon in Bangladesh. As to the Code
of Criminal Procedure, custody of an accused or a witness means custody of the court in its
ultimate sense. The transitional custody of a person may be with the police. But the ultimate
authority to decide the fate of the suspect rests with the court .It is alleged that due to lack of
treatment facilities and negligence by the prison authorities, many prisoners became ill which
caused death. In May 2015, a reported 10 persons died in prison. Among them, nine died due to
illness and one committed suicide. On May 3, 2015 a convicted prisoner of the BDR Mutiny and
former MP of BNP, Nasir Uddin Pintu died in Rajshahi Medical College Hospital.
35
Freedom of the media
At present a number of journalists faced torture, threats or harassments from law enforcement
agencies, (gangsters), government officials, or the student wings of various major political
parties. May 2015, five journalists were injured, 10 were threatened and one was arrested.
Furthermore, eight local newspapers were shut down.
Accountability for Security Forces
Authorities arrested several members of the notorious Rapid Action Battalion (RAB) following
intense public outrage over the abduction and apparent contract killings of seven men in
Narayangunj in April. Although the government claims that almost 2,000 RAB members have
been punished for various misdemeanors since the groups inception, there was not a single
prosecution for extrajudicial executions, torture, or arbitrary arrests before the Narayanganj
incident. Independent organizations estimate that the RAB has been responsible for
approximately 800 unlawful killings over the past 10 years. Allegations of violations by
members of the police and other law enforcement agencies, including the Border Guard
Bangladesh, were not independently investigated or prosecuted.
Human rights violation by BSF along the border
BSF continues shooting and killing Bangladeshi citizens at the border areas over the years,
ignoring protests made by various groups. This matter has been repeatedly raised in regular
meetings between border guards of the two countries. The BSF has not deviated from its policy
of shooting at anyone seen near the border. This kind of incident is a clear violation of
international law and human rights; and threats to the sovereignty of Bangladesh . In May 2015,
three Bangladeshi citizens were killed by the Indian Border Security Force (BSF). Of them, two
were shot dead and one was tortured to death. Furthermore, two Bangladeshi men were injured.
Of them, one was shot and one was tortured.
The religious minority community
36
Vested interest groups are oppressing religious minority citizens over variousinterests including
land grabbing, extortion etc. the government should bring the perpetrators before justice. the
government should ensure security of all the citizens belonging to the minority communities in
Bangladesh. May 30, 2015 a group of criminals attacked Joykali Mandir
situated at Alenga Jaminderbari under Kalihati Upazila in Tangail District.
Violence against women

Bangladeshs personal status laws governing marriage, separation, and divorce overtly
discriminate against women, and the government showed no sign of willingness to undertake a
comprehensive review to ensure equality and protection for women and girls. As to the behavior
with woman the Code of Conduct for police personnel in police stations states: Female visitors
will have to be behaved with highest courtesy and manner and decency will have to be
maintained in words and behavior with them. As to the responsibilities of officer in charge, this
Code states: If any female comes to an officer-in-charge with complaint or for any other reason,
he will give her standing welcome and behave with her decently. He will show courtesy and
modesty in his behavior and conversation.. In May 2015, a significant number of women
became victims of rape, dowry related violence, acid attacks and sexual harassment by stalkers.
Chapter 3
37
3.1 The Definition and Need for Protection and Promotion of Human Rights
The very needs for protection and promotion of human rights are mirrored in the definition and
concept of the same.
Connoting the word human as things relating to man or mankind and the word right as legal
claim the words human rights universally stand as legal claim of man or mankind[1]
irrespective of gender, colour, race and religion.
These rights being fundamental requirements for existence of human beings are associated with
the very birth of mankind[2] and according to the United Nations publication, could be generally
defined as inherent rights in human nature without which none can live as a human being.[3]
All human beings are entitled to the basic human rights such as the right to life, liberty, freedom
of expression and thought, equal protection of law and so many others which entitles every
individual or groups vis--vis the government and also requires responsibilities of the individual
and the government authorities.[4]
Irrespective of race, religion, colour or gender such rights being natural are neither earned nor
could be denied and are protected by rules of law [5] and being treated as legal rights as distinct
from and prior to law to be used as standards for formulation of both national and international
law so that the conduct of government and military forces also strictly comply with such
standards.[6]
Generally, it is believed, the concept of international protection of human rights is firmly

established in international human rights law.[7]
Enjoying the status of International Law, human rights, as contained in the Charter of the United
Nations and Universal Declaration of Human Rights, are the international and national standard
of all aspects of the human behaviour as the Charter of Rights for mankind and any of their
violation anywhere is the concern of everybody everywhere which view has also been confirmed
by the world conference on Human Rights in the Vienna Declaration 1993 that the human rights
are universal, invisible, interdependent and interrelated and when enacted into the national law of
any country those become fundamental rights of the citizen of the country.[8]
38
The Human Rights concept as understood could be traced to the famous Atlantic Charter
declaration during the course of second World War which contained among others the right of
all people to choose the form of government under which they will live and to establish peace
which will afford all nations the means of dwelling in safety within their own boundaries and
which will afford assurance that all the men in all lands live out their lives in freedom from fear
and wants.[9]
3.2 Ways and Norms for Protection of Human Rights
The ways for protectiona and promotion of human rights are portrayed in national and
international human rights norms.
Human rights norms by legislative provisions exists at the national level as civil or constitutional
rights through legislative enactment, judicial decision, or custom and at the international level as
international law of human rights through treaties.
Human rights are such rights somehow innate or inherent in human beings as they are born with
and are deeper than human decisions and legal enactments and that people are endowed by
their Creator with natural rights to life, liberty, and the pursuit of happiness and on this view,
the Creator is the supreme lawmaker and enacted basic human rights.[10]
As imperative norms of human behavior and part of actual human moralities human rights exist
independently of legal enactment and therefore, human rights can be seen as basic moral norms
shared by all or almost all accepted human moralities being supported by strong moral and
practical reasons.[11]
3.3 Criteria of Human Rights Protection
There are more than two dozen specific human rights[12] that countries should respect and
protect which can be divided into six or more families such as : (i) security rights, (ii) due
process rights, (iii) liberty rights, (iv) political rights, (v) equality rights and (vi) social rights.
Among these rights Security Rights protect people against crimes such as murder, massacre,
torture, and rape; Due Process Rights protect against abuses of the legal system such as
imprisonment without trial, secret trials, and excessive punishments; Liberty Rights protect
39
freedoms in areas such as belief, expression, association, assembly, and movement; Political
Rights protect the liberty to participate in politics through actions such as communicating,
assembling, protesting, voting, and serving in public office; Equality Rights guarantee equal
citizenship, equality before the law, and nondiscrimination; and Social Rights require provision
of education to all children and protections against severe poverty and starvation.
On the basis of defining features human rights can be explained as:
Human rights, as political norms, first deals mainly with how people should be treated by their
governments and institutions. As Thomas Pogge puts it, "to engage human rights, conduct must
be in some sense official."{C}[13] But one must be careful here since some rights, such as rights
against racial and sexual discrimination are primarily concerned to regulate private behavior.[14]
Second, A human rights can exist as shared norm of actual human moralities, as a justified
moral norm supported by strong reasons, as a legal right at the national level, or as a legal right
within international law.[15]
Third, according to. John Locke's view rights to life, liberty, and property were few and
abstract[16] but human rights address specific problems guaranteeing fair trials, ending
slavery, ensuring the availability of education and preventing genocide.[17]
Fourth, human rights aim protecting minimally good lives for all people.[18] According to
Henry Shue, human rights concern the "lower limits on tolerable human conduct" rather than
"great aspirations and exalted ideals".{C}[19]
Fifth, human rights cover all countries and all people living in the earth and international law
plays a crucial role in giving human rights global reach.
Sixth, human rights, according to Maurice Cranston are matters of "paramount importance" and
their violation is "a grave affront to justice".{C}[20]
Seventh, although human rights need not be understood as ones that are irresistible but require
robust justifications.[21]
40
Eighth, human rights have several features such as a person or agency having a particular right or
more precisely, sometimes belonging to all people, sometimes to all citizens of all countries,
sometimes all members of groups with particular vulnerabilities, and sometimes all ethnic
groups.[22]
3.4 Charter of the United Nations
As there are four prerequisites for the development of international organisation[23] such as: (i)
The world must be divided into a number of states as independent political units, (ii) A
substantial measure of contact must exist between these sub-divisions, (iii) The states must
develop an awareness of the problems which arise out of their coexistence, and (iv) on this basis
they must recognise the need for creation of institutional devices and sympathetic methods for
regulating their relations with each other, so, it was in the nineteenth century that these four
prerequisites were satisfied in sufficient measure and in proper combination to bring about the
birth of a modern international organisation.
The exigencies of global warfare- First and Second World Wars in the twentieth century forced
states to organise for joint action and thereby important international instrument came in 1945,
just after the defeat of Axis Powers and the conclusion of war, when the State representatives of
the Victorious Powers with some of the new countries met in San Francisco, USA and adopted
the Charter of the United Nations, and thus brought into existence the international body of
almost all the independent states of the world.[24]
This Charter following the Atlantic Charter declaration proclaimed the sovereign equality of all
nations and solving all disputes among the states by peaceful means.
41
In the Preamble[25] the founding fathers of the United Nations record their determination to re-
affirm faith in fundamental human rights, in the dignity and worth of human person, in the equal
rights of men and women and of nations large and small.
Human rights and fundamental freedoms have been mentioned in Article 1, 13, 55, 62, 68 and 76
and specific functions have been endowed to the General Assembly, to the state parties to the
United Nations, to the Economic and Social Council as well as to the Trusteeship Council.
One of the purposes of the United Nations, under Article 1, is to develop friendly relations
among nations based on respect for the principle of equal rights and self-determination of
people. Another is to achieve international co-operation in solving international problems of
economic, social, cultural or humanitarian character, and in promoting and encouraging respect
for human rights and for fundamental freedoms for all without distinction as to race, sex,
language or religion.
Article 13 states that the General Assembly shall initiate studies and make recommendations for
the purposes of promoting international co-operation in the economic, social, cultural,
educational and health fields, and assisting in the realization of human rights and fundamental
freedoms for all without distinctions as to race, sex, language or religion.
Furthermore, two most important articles are Articles 55(c) and 56:
Article 55:
With a view to the creation of conditions of stability and well being which are necessary
for peaceful and friendly relations among nations based on respect for the principles of
equal rights and self-determination of peoples, the United Nations shall promote;
42

(c) Universal respect for and observance of human rights and fundamental freedoms for
all without distinction as to race, sex, language or religion.
Article 56:
All members pledge themselves to take joint and separate action in co-operation with the
Organization for the achievement of the purposes set forth in Article 55.
By virtue of the above two materially important articles, apart from obligations arising
otherwise, all member states undertake an obligation of international accountability by pledging
themselves to take joint and separate actions in protecting and promoting among others the
purposes contained in International Bill of Human Rights and no member state of the United
Nations can deny this international responsibility to which it is pledge bound.[26]
To identify and articulate various aspects of human rights such as political, economic and social
and cultural there was a proposal but since all the then big powers, especially Soviet Union was
in disagreement on some of them, it was decided that a committee, which was headed by Eleanor
Roosevelt will thoroughly go into the matter and give a separate body of principle to be adopted
by the United Nation, attracting the operation of articles 55 (c) and 56 and thus the Universal
Declaration of Human Rights came into existence as adopted on December 10, 1948 .[27]
According to Article 62 the Economic and Social Council ma make recommendations for the
purposes of promoting respect for, and observance of, human rights and fundamental freedoms
for all and under Article 68 the United Nations requires the Economic and Social Council to
set up commissions in economic and social fields and for the promotion of human rights.
Under Article 76 the basic objectives of the trusteeship system are inter alia to encourage
43
respect for human rights and for fundamental freedoms for all without distinction as to race, sex,
language or religion, and to encourage recognition of the independence of the people of the
world
Thus, for the first time in history, States assumed obligations to their own citizens as precisely
and formally defined in many cases as the legal obligations they had hitherto owed to each other
under the international law. Therefore, the moment any of the rules of this International Bill of
Human Rights is written into the law, constitutional or otherwise, in any country that rule of
human rights becomes the legal rights of the citizens, enforceable by the Court of law of the
country.[28]
3.5 Universal Declaration of Human Rights
Following the Charter, on the 10th December, 1948, the General Assembly adopted and
proclaimed the Universal Declaration of Human Rights as a common standard of achievement
for all peoples and all nations.[29]
In this historic act the Assembly called upon all Member countries to publicize the text of the
Declaration and "to cause it to be disseminated, displayed, read and expounded principally in
schools and other educational institutions, without distinction based on the political status of
countries or territories." The full text of which appears as:{C}[30]
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world in which human
beings shall enjoy freedom of speech and belief and freedom from fear and want has been
proclaimed as the highest aspiration of the common people,
44
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to
rebellion against tyranny and oppression, that human rights should be protected by the
rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the
United Nations, the promotion of universal respect for and observance of human rights
and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest

importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL

DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every organ of society, keeping this
Declaration constantly in mind, shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national and international, to secure their
universal and effective recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
Article 1.
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.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
45
opinion, national or social origin, property, birth or other status. Furthermore, no
distinction shall be made on the basis of the political, jurisdictional or international status
of the country or territory to which a person belongs, whether it be independent, trust,
non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
46
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal
charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of
each state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
47
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United
Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion,
have the right to marry and to found a family. They are entitled to equal rights as to
marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
48
Article 19.
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.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance with
the organization and resources of each State, of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
49
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his
interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being
of himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory. Technical and
professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and
shall further the activities of the United Nations for the maintenance of peace.
50
(3) Parents have a prior right to choose the kind of education that shall be given to their
children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development
of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.[31]
51
The Declaration proclaims, 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.[32]
The Universal Declaration of Human Rights, 1948, proclaims two kinds of rights, civil and
political rights and economic, social and cultural rights. These two kinds of rights were later on,
given legal coverage as The International Covenant on Economic, Social and Cultural Rights,
1966 and The International Covenant on Civil and Political Rights, 1976 and after getting
ratification of the two Covenants by the required member of state parties they entered into force
in 1976.[33]{C} These three documents jointly comprise what is called the "International Bill of Rights.
The 1993 World Conference on Human Rights affirmed the crucial connection between
international peace and security and the rule of law and human rights, placing them all within the
larger context of democratization and development.[34]
3.6 Summary
When the words human rights are used together, its universal meaning comes to legal
claim relating to man or mankind.
Human rights may be called the rights associated with the very birth of mankind in that
theses are fundamental requirements for existence of human beings.
Human rights are the basic rights of freedoms to which all humans are considered entitled
such as the right to life, liberty, freedom of thought and expression, and equal treatment
before the law.
Human rights represent entitlements of the individual or groups vis-a-vis the government,
as well as responsibilities of the individual and the government authorities.
Human rights are ascribed naturally, they are not earned and cannot be denied.
Human rights are advanced as legal rights and protected by the rule of law.
The concept of international protection of human rights is firmly established in

international human rights law.
Human Rights as contained in the Charter of the United nations and Universal
Declaration of Human Rights, enjoys the status of International Law.
52
Human rights norms by legislative provisions exists at the national level as civil or
constitutional rights through legislative enactment, judicial decision, or custom and at the
international level as international law of human rights through treaties.
People are endowed by their Creator with natural rights to life, liberty, and the pursuit of
happiness and on this view, the Creator is the supreme lawmaker and enacted basic
human rights.
Human rights can be seen as basic moral norms shared by all or almost all accepted
human moralities being supported by strong moral and practical reasons.
Human rights are, political norms dealing mainly with how people should be treated by
their governments and institutions.
Human rights exist as moral and/or legal rights.
Human rights are numerous rather than few. Human rights protect people against familiar
abuses of people's dignity and fundamental interests.
Human rights are minimal standards. Their focus is protecting minimally good lives for
all people.
Human rights are international norms covering all countries and all people living today.
International law plays a crucial role in giving human rights global reach. We can say that
human rights are universal provided that we recognise such rights through domestic
enactments and legislative provisions.
Human rights are high-priority norms. Maurice Cranston held that human rights are
matters of paramount importance and their violation a grave affront to justice.
Human rights require robust justifications that apply everywhere and support their high
priority.
Another feature of rights is that they focus on a freedom, protection, status, or benefit for
the rightholders.
It is the Charter of Rights for mankind being confirmed by the recent world conference
on Human Rights in the Vienna Declaration 1993, where it has been said that the human
rights are universal, invisible, interdependent and interrelated.
When enacted into law of any country the human rights become fundamental rights of the
citizen of the country.
53
All human beings are born free, equal in dignity and rights, endowed with reason and
conscience. They should act towards one another in a spirit of brotherhood.
Everyone is entitled to all the rights and freedoms set forth in the UDHR without any
distinction.
Everyone has the right to life, liberty and security of person.
No one shall be held in slavery or servitude.
No one shall be subjected to torture or inhuman treatment.
Everyone has the right to recognition before the law.
All are equal before the law and are entitled to equal protection of the law.
Everyone has the right to remedy by the competent tribunals for acts violating the
fundamental rights.
No one shall be subjected to arbitrary arrest, detention or exile.
Everyone is entitled to a fair and public hearing of any criminal charge against him by
independent and impartial tribunal.
Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty.
Everyone has the right to the protection of his privacy, family, home or correspondence,
his honour and reputation.
Everyone has the right to freedom of movement and residence within the borders of each
state and has the right to leave any country, including his own, and to return to his
country.
Everyone has the right to seek and to enjoy in other countries asylum from prosecution
unless such prosecution is genuinely contrary to the purposes and principles of the United
Nations.
Everyone has the right to a nationality and to change it.
Without any limitation due to race, nationality or religion, men and women of full age,
have the right to marry and to found a family and are entitled to equal rights as to
marriage, during marriage and at its dissolution.
54
The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Everyone has the right to own property alone as well as in association with others and no
one shall be arbitrarily deprived of his property.
Everyone has the right to freedom of thought, conscience and religion.
Everyone has the right to freedom of opinion and expression and to seek, receive and
impart information and ideas through any media and regardless of frontiers.
Everyone has the right to freedom of peaceful assembly and association.
Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives and has the right of equal access to public service in his
country.
The will of the people by universal and equal suffrage shall be the basis of the authority
of government.
Everyone has the right to social security and is entitled to realization, through national
effort and international co-operation of the economic, social and cultural rights
indispensable for his dignity and the free development of his personality.
Everyone has the right to free choice of work and to protect himself against
unemployment without any discrimination ensuring just and favourable remuneration and
to join trade unions for the protection of his interests.
Everyone has the right to rest and leisure and periodic holidays with pay.
Everyone has the right to a healthy life including food, clothing, housing, medical care,
social services and security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond control.
Everyone has the right to education.
Everyone has the right freely to participate in cultural, artistic and scientific advancement
and its benefits.
Everyone has rights and freedoms of meeting the just requirements of morality, public
order and the general welfare in a democratic society which may in no case be exercised
contrary to the purposes and principles of the United Nations.
55
All human beings are born free and equal in dignity and rights, endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.
The 1993 World Conference on Human Rights affirmed the crucial connection between
international peace and security and the rule of law and human rights, placing them all
within the larger context of democratization and development.
[1]{C} Human Rights and Right to Liability: Before and Now By Justice Md. Mozammel Hoque Published in Human Rights
Law, Page 267, BBC.
[2]{C} Human Rights-Violation and Remedies under Constitutional law of Bangladesh, page 194, HR Law, BBC By Justice A M
Mahmudur Rahman.
[3]{C} The International Bill of Human Rights and Bangladesh By Justice Kamaluddin Hossain, Former Chief Justice of
Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 27.
{C}[4]{C} Human Rights Protection By Michelle Maiese Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict
Research Consortium, University of Colorado, Boulder. Posted: June 2004
<http://www.beyondintractability.org/essay/human_rights_protect/>.
{C}[5]{C} Little, David. "Universality of Human Rights," [available at: http:// www. usip. org/research/ rehr/ universality.html].
[6]{C} Human Rights Protection By Michelle Maiese Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict
Research Consortium, University of Colorado, Boulder. Posted: June 2004.
<http://www.beyondintractability.org/essay/human_rights_protect/>.
[7]{C} B.G. Ramcharan, The Concept and Present Status of the International Protection of Human Rights: Forty Years after the
Universal Declaration (Dordrecht: Martinus Nijhoff Publishers, 1989) p.9.
[9]{C} Ibid, page 28. [10]{C} The US Declaration of Independence, 1776. [11]{C} Human Rights, Stanford Encyclopedia of
Philosophy, plato.stanford.edu/entries/rights-human. [12]{C} Sets out in the list of Universal Declaration of Human Rights, 1948.
[13]{C} Pogge, T. 2000, 47. The International Significance of Human Rights, Journal of Ethics 4:45-69. [14]{C} Okin, S.1998.
Feminism, Womens Human Rights and Cultural Differences. Hypatia 13: 32-52. [15]{C} Human Rights, Stanford
Encyclopedia of Philosophy : www.seop.leeds.ac.uk/entries/rights-human. [16]{C} Locke, J.1689. The Second Treaties on Civil
Government, New York: Prometheus Books, 1986.
[17]{C} Microsoft Word - WEB- HUMAN RIGHTS AND STATE RESPONSIBILITY : zammit.info/divers/HUMAN RIGHTS
AND STATE RESPONSIBILITY.
[18]{C} Nickel, J. 2006, Making Sense of Human Rights, Second Edition, Oxford: Blackwell Publishing. [19]{C} Shue, H.
1996, Basic Rights, Second Edition, Princeton: Princeton University Press.
56
[20]{C} Cranston, M.1967. Human Rights, Real and Supposed, in D.D. Raphael, ed. Political Theory and Rights of Man.
London: Macmillan : Microsoft Word - WEB- HUMAN RIGHTS AND STATE RESPONSIBILITY :
zammit.info/divers/HUMAN RIGHTS AND STATE RESPONSIBILITY.
[21]{C} Human Rights, Stanford Encyclopedia of Philosophy : plato.stanford.edu/entries/rights-human. [22]{C} Ibid.
[23]{C} Inis L. Claude Jr. Swords into PlowsharesThe Problems and Progress of International Organisations 3rd ed., Random
House, New York, 1964, pp. 18-20.
[25]{C} Preamble to the Universal Declaration of Human Rights, 1948.
[27]{C} Ibid, page 29. [28]{C} Ibid. [29]{C} Preamble to the Universal Declaration of Human Rights, 1948.
[30]{C} Universal Declararion of Human Rights : Adopted and proclaimed by General Assembly resolution 217 A (III) of 10
December 1948c : www.un.org/Overview/rights.html (Accessed on 12.01.2007).
[31]{C} Ibid. [32]{C} Article 1, Ibid.
Bangladesh, Manual on Human Rights, Bangladesh bar Council, First Edition, 1997, page 27-28.
[34]{C} "Human Rights Today: A United Nations Priority," The United Nations, 2000. [available at:
http://www.un.org/rights/HRToday/].
Chapter 4
4.1 Protection and Promtion of Human Rights for International Peace and Security
The Universal declaration of Human Rights[1] adopted on December 10, 1948[2] has proclaimed
a common standard of achievement for all peoples and all nations, to the end that every
individual and every organ of society, keeping this declaration constantly in mind, shall strive by
teaching and education to promote respect for these rights and freedoms and by progreesive
measures, national and international, to secure their universal effective recognition and
observance, both among the peoples of Member States themselves and among the peoples of
territories under their jurisdiction.[3] The basic doctrines of the declaration were subsequently
57
endorsed in Teheran Proclamation of 1968.[4] The rights and freedoms set forth in the
Declaration should be enjoyed by all without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status and the same were subsequently spelt out in greater detail in two Covenants, namely
United Nations Covenants on Economic, Social and Cultural Rights[5] and United Nations
Covenants on Civil and Political Rights[6] which entered into force in January 1976 and March
1976 respectively. In 1993 a conference was held in Vienna under the UN leadership which
afforded the right to development as being recognised by the UN proclamation on the Right to
Development, 1986[7] and went on further to continue UN efforts for the protection and
promotion of human rights. The General Assembly in its Declaration on right to development
reaffirmed that all States should promote the establishment, maintenance and strengthening of
international peace and security and to that end, should do their utmost to achieve general and
complete disarmament under effective international control, as well as to ensure that the
resources released by effective disarmament measures are used for comprehensive
development[8] In fulfillment of the ultimate goal of achieving peace and development the
World conference on Human Rights, 1993 urges governments, institutions, intergovernmental
and non-government organisations to intensify their efforts for protection and promotion human
rights supporting the view that human rights are universal, indivisible, interdependent and
interrelated.[9] Thus, the Protection and promotion of human rights which is essential to the
sustainable achievement of the three agreed global priorities of peace, development and
democracy[10] has been always the major concern of the International community. The
founding fathers of the United Nations established this organisation with the purpose of
protecting and promoting huamn rights and maintaining international peace and securioty, of
developing friendly relations among nations and of taking other appropriate measures to
strengthen universal peace. Therefore, the whole human rights edifice is founded on the principle
of the equal dignity of all human beings. The logical and inescapable consequence of this
principle is this universality of human rights.[11] So, it should be strongly emphasised at the
outset that the protection and promotion of human rights is first of all and primatily a task, a
duty and an international obligation.
4.1.1 The Role of United Nations in Promotion and Protection of Human Rights
Since establishment of the United Nations in 1945, the promotion and protection of human rights
being its major preoccupation, the Organization's founding nations resolved that the horrors of
The Second World War should never be allowed to recur. Respect for human rights and human
dignity "is the foundation of freedom, justice and peace in the world", the General Assembly
declared three years later in the Universal Declaration of Human Rights. Over the years, a whole
network of human rights instruments and mechanisms has been developed to ensure the primacy
of human rights and to confront human rights violations wherever they occur.[12]
4.1.1.1 United Nations Intergovernmental Bodies Dealing with Human Rights
58
The main deliberative body of the United Nations is the General Assembly comprising of of 185
Member States. The General Assembly reviews and takes action on human rights matters
referred to it by its Third Committee and by the Economic and Social Council.[13]
A subsidiary body of the General Assembly concerned with human rights is the Special
Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian People
and other Arabs of the Occupied Territories.[14]{C}
The Economic and Social Council, composed of 54 member Governments, makes

recommendations to the General Assembly on human rights matters, and reviews reports and
resolutions of the Commission on Human Rights and transmits them with amendments to the
General Assembly. To assist it in its work, the Council established the Commission on Human
Rights, the Commission on the Status of Women and the Commission on Crime Prevention and
Criminal Justice. It also works closely with agencies of the United Nations system which have a
special interest in human rights matters.
The Commission on Human Rights being comprised of 53 member Governments is the main
policy-making body dealing with human rights issues and it prepares studies, makes
recommendations and drafts international human rights conventions and declarations and also
investigates allegations of human rights violations and handles communications relating to
them.[15]
The Commission has established a number of subsidiary bodies, including the Sub-Commission
on Prevention of Discrimination and Protection of Minorities.[16]
The Sub-Commission on Prevention of Discrimination and Protection of Minorities

undertakes studies and makes recommendations to the Commission concerning the prevention of
discrimination against racial, religious and linguistic minorities. Composed of 26 experts, the
Sub-Commission meets each year for four weeks. It has set up working groups and established
Special Rapporteurs to assist it with certain tasks.
The Commission on the Status of Women, composed of 32 members, prepares

recommendations and reports to the Economic and Social Council on the promotion of women's
59
rights in political, economic, social and educational fields. It makes recommendations to the
Council on problems requiring attention in the field of women's rights.
The Commission on Crime Prevention and Criminal Justice, composed of 40 members, is the
main United Nations policy-making body on criminal justice. It develops and monitors the
United Nations programme on crime prevention.
To enhance respect for fundamental human rights and to further progress towards their
realisation, the United Nations adopted a three-pronged approach: (a) establishment of
international standards, (b) protection of human rights, and (c) United Nations technical
assistance.
4.1.1.2 Establishment of International Human Rights Standards
International Human Rights Standards were developed to protect people's human rights against
violations by individuals, groups or nations.
The following declarations adopted by the international community are not legally binding: the
Universal Declaration of Human Rights[17]{C}, the Declaration on the Right to
Development{C}[18] and the Declaration on the Protection of All Persons from Enforced
Disappearance[19]. Many countries have incorporated the provisions of these declarations into
their laws and constitutions. International covenants and conventions have the force of law for
the States that ratify them.
The International Covenant on Economic, Social and Cultural Rights and the International
Covenant on Civil and Political Rights are legally binding human rights agreements. Both were
adopted in 1966[20], making many of the provisions of the Universal Declaration of Human
Rights effectively binding. Conventions include the Convention on the Prevention and
Punishment of the Crime of Genocide[21]; the International Convention on the Elimination of
All Forms of Racial Discrimination[22]; the Convention on the Elimination of All Forms of
Discrimination against Women[23]; the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment[24]{C}; the Convention on the Rights of the Child{C}
60
[25]; and the International Convention on the Protection of the Rights of All Migrant Workers
and Members of their Families.[26]
4.1.1.3 Mechanisms for Protection of Human Rights
Conventional mechanisms,[27]and extra-conventional mechanisms[28] have been set up in order

to monitor compliance with the various international human rights instruments and to investigate
alleged human rights abuses.
Under the conventional mechanisms the following treaty bodies, composed of experts serving in
their personal capacity, were established to monitor compliance with United Nations human
rights instruments: the Committee on the Elimination of Racial Discrimination (CERD), the
Committee on the Elimination of Discrimination against Women (CEDAW), the Committee on
the Rights of the Child (CRC); the Committee against Torture (CAT), the Human Rights
Committee[29] and the Committee on Economic, Social and Cultural Rights[30]. It should be
noted that these Committees are established under the respective instruments, with members
elected by the States parties, with the exception of the Committee on Economic, Social and
Cultural Rights, whose membership is elected by ECOSOC.
To monitor the implementation of treaty obligations at the national level, the treaty bodies
examine reports of States parties. Each year they engage in dialogue with approximately 100
national Governments and issue concluding observations, commenting on the situations of the
countries and offering suggestions and recommendations for improvement. In addition, the
Committees are entitled to hear and consider certain individual communications.
Under the extra-conventional mechanisms, a number of procedures have been established to

monitor compliance with human rights norms. Thematic procedures include the Representative
of the Secretary-General on internally displaced persons; working groups on enforced or
involuntary disappearances and on arbitrary detention; and special rapporteurs dealing with
extrajudicial, summary or arbitrary executions; torture; the independence and impartiality of the
judiciary; jurors and assessors and the independence of lawyers; religious intolerance; the use of
mercenaries; freedom of opinion and expression; racism, racial discrimination and xenophobia;
61
the sale of children, child prostitution and child pornography; and the elimination of violence
against women.
In addition, there exists a procedure, established by the Economic and Social Council in
1970[31], for dealing with communications relating to gross and attested violations of human
rights. If considered admissible, communications are reviewed by a Working Group of the Sub-
Commission on Prevention of Discrimination and Protection of Minorities, which decides
whether to transfer the communication to the Working Group of the Commission on Human
Rights. Communications remain confidential until such time as the Commission may decide to
make recommendations to the Economic and Social Council.
Dialogue between States and United Nations bodies has led to concrete results, such as the
suspension of executions, release of detainees and medical treatment for prisoners, as well as
changes in the domestic legal system of States parties to human rights instruments.[32]
4.1.1.4 UN Human Rights Advisory Services and Technical Assistance
The United Nations advisory services programme began in 1955 on a small scale, providing
institution-building assistance and other services to Member States at their request. In 1987, the
Secretary-General established the Voluntary Fund for Advisory Services and Technical
Assistance in the field of Human Rights.
Over the last few years, the United Nations Centre for Human Rights and Electoral Assistance
Division have received increasing numbers of requests for technical assistance, which is usually
offered in the following areas:
Reforming national laws: Incorporation of international human rights norms into

national laws and constitutions is a key element in the protection of human rights.
Assistance in drafting new constitutions and laws in line with human rights conventions
has been provided to, inter alia, Bulgaria, Malawi and Mongolia.
Supporting democratization and advising on electoral procedures: Since

democratisation has been a priority issue for advisory services, assistance has been
provided to several nations on holding elections and setting up national human rights
institutions. The Centre for Human Rights advised several countries, including Romania
and Lesotho, on the legal and technical aspects of democratic elections.
62
Assisting in the drafting of national laws and preparation of national reports:
Regional and sub-regional training courses have been held in Africa, Latin America and
Asia and the Pacific.
Strengthening national and regional institutions: Assistance has been provided to

institutions in various countries to strengthen human rights protection and promotion
activities.
Training criminal justice personnel--judges, lawyers, prosecutors and police:

Training in the field of human rights includes seminars, courses, workshops, fellowships,
scholarships, the provision of information and documentation.[33]
4.1.1.5 Good offices of the Secretary General
The Secretary-General can use his "good offices" confidentially to raise human rights concerns
with Member States, including issues such as the release of prisoners and commutation of death
sentences. Results of such communications are reported to the Security Council.
Although the idea of creating a post of High Commissioner for Human Rights dates back to the
1960s, the General Assembly established the post of High Commissioner only in December
1993.
The High Commissioner carries out the "good offices" function in the field of human rights on
behalf of the Secretary-General and is therefore now the United Nations official with principal
responsibility for human rights activities. He is responsible for promoting and protecting human
rights for all and maintains a continuing dialogue with Member States. His functions may be
summarized as follows:
Crisis management
Prevention and early warning
Assistance to States in periods of transition
Promotion of substantive rights
Coordination and rationalization of the human rights programme
63
The Centre for Human Rights in Geneva, part of the United Nations Secretariat, in this
connection implements the policies proposed by the High Commissioner.[34]
4.2 Integrating Human Rights for Peace and Development in the World[35]
4.2.1 Eliminating Poverty and Sustaining Livelihoods'
Poverty and sustainable livelihoods are closely linked to human rights. Indeed, poverty is a
violation of human rights. Poverty and inequality can undermine human rights by fueling social
unrest and violence and increasing the precariousness of social, economic and political rights.
Likewise, people's access to and control over productive resources is often determined by a
country's legal framework and institutions. Like human rights, poverty and sustainable
livelihoods are multifaceted and complex, involving both material factors[36]{C} and
nonmaterial ones[37]{C}. Because of these links, programming in poverty and sustainable
livelihoods can benefit from broadening the focus to include human rights. Civic and social
education will help people better understand their rights and increase their choices and income-
earning capacity. At the same time, developing and implementing equal opportunity laws will
empower people to gain more equitable access to productive resources.[38]
Poverty elimination is a core UNDP goal and a prime objective of its sustainable human
development paradigm. The right to an adequate standard of living, ensuring freedom from want,
is an integral and inalienable human right affirmed in the Universal Declaration on Human
Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on
the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All
Forms of Discrimination against Women, and the Convention on the Rights of the Child.
Adopting a human rights approach to its work on poverty elimination is crucial as UNDP moves
towards strengthening its promotion and protection of economic, social and cultural rights and
the right to development.[39]
4.2.2 Developing Capacity for Good Governance'
64
The United Nations Development Programme policy document "Governance for Sustainable
Human Development" defines governance as: the exercise of economic, political and
administrative authority to manage a country's affairs at all levels. . . . Good governance is,
among other things, participatory, transparent and accountable. It is also effective and equitable.
And it promotes the rule of law. Good governance ensures that political, social and economic
priorities are based on broad consensus in society and that the voices of the poorest and the most
vulnerable are heard in decision-making over the allocation of development resources.
This definition draws on various UN human rights instruments-notably the Universal Declaration
of Human Rights, which states that "the will of the people shall be the basis of the authority of
government" and reiterates that "everyone has the right to take part in the government of his
country, directly or through freely chosen representatives" and that "everyone has the right of
equal access to public service." The preamble of the Universal Declaration also enunciates the
relationship between human rights and governance: "it is essential, if man is not to be compelled
to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights
should be protected by the rule of law."
Hence governance touches directly on legal instruments, enabling environments, and

governmental and non-governmental institutions and processes affecting human rights. Concern
for human rights and good governance is reflected, for example, in public management
programmes, which address such issues as accountability, transparency, participation,
decentralization, legislative capacity and judicial independence. UNDP's governance programme
identifies three domains-the state, the private sector and civil society-each of which has a unique
role in promoting sustainable human development. None can function adequately, however, if
human rights are not respected.
Like human rights, governance impinges on each of UNDP's other focus areas for sustainable
human development-poverty and livelihoods, gender and the environment. Strengthening human
rights within governance activities will, by extension, help strengthen programming in each of
the other focus areas.[40]
4.2.3 The Right to Development'
65
The right to development is an "inalienable . . . human right" of "every human person [and] all
peoples" {C}[41] "to exercise . . . full and complete sovereignty over all their natural wealth and
resources" {C}[42] in pursuit of "their economic, social and cultural development"
In 1986 the UN General Assembly issued the Declaration on the Right to Development,
explicitly reaffirming the existence of a human right to development. Such a right was implicit in
the Universal Declaration of Human Rights and in the Covenant on Economic, Social and
Cultural Rights. But the landmark General Assembly declaration not only reaffirmed the right to
development, it also elaborated the content of the right as well as the specific obligations for
states and governments[43] that flow from the right.
The right to development has been reiterated and further elaborated-by consensus-at the UN
World Conference on Human Rights[44], the International Conference on Population and
Development[45], the World Summit on Social Development[46] and the Fourth World
Conference on Women[47]. Although the 1986 General Assembly Declaration on the Right to
Development was not obtained by consensus[48], each of the above conferences
unanimously[49] reaffirmed the right to development as a "universal and inalienable right and an
integral part of fundamental human rights"{C}[50]. Thus there is no doubt that the right to
development is not a mere pipe dream or ideological slogan. It is a human right guaranteed by
international law.[51]
4.2.4 The Declaration on the Right to Development'
The declaration on the Right to Development defines development as "a comprehensive

economic, social, cultural and political process, which aims at the constant improvement of the
well-being of the entire population and of all individuals"{C}[52], "in which all human rights
and fundamental freedoms can be fully realized"{C}[53].
4.2.4.1 The Component Rights of the Human Right to Development Include:
Rights of participation. Every person and all peoples are entitled to "active, free and
meaningful participation in development"{C}[54]{C} and, as an "active participant"{C}
[55], to "contribute to and enjoy economic, social, cultural and political
development"{C}[56].
66
The right to be "the central subject of development"{C}[57]{C} that "aims at the constant
improvement" of human well-being{C}[58]. This constitutes the right to people-centred
human development where people and their well-being come first, ahead of all other
development objectives and priorities.
The right to "fair distribution"{C}[59] of the benefits from development.
The right to nondiscrimination in development "without distinction of any kind such as

race, color, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status"{C}[60].
The right to self-determination. "The human right to development also implies the full
realization of the right of peoples to self-determination, which includes . . . their
inalienable right to full sovereignty over all their natural wealth and resources"{C}[61].
The right to "the free and complete fulfillment of the human being" with "full respect" for
"human rights and fundamental freedoms"[62].
The right against trade-offs. Every human person and all peoples have the right to "the
implementation, promotion and protection" of "all human rights and fundamental
freedoms," "civil, political, economic, social and cultural"{C}[63]. "The promotion of,
respect for and enjoyment of certain human rights and fundamental freedoms cannot
justify the denial of other human rights and fundamental freedoms." "All human rights
and fundamental freedoms are indivisible and interdependent"{C}[64].
4.2.5 Obligations of States (Individual)'
The Declaration on the Right to Development specifies several obligations of states:
The duty "to ensure full exercise and progressive enhancement of the right to
development"{C}[65], including "the right and duty to formulate appropriate national
development policies"{C}[66], the duty to "undertake, at the national level, all necessary
measures for the realization of the right to development"{C}[67]{C} and the duty "for
the creation of national conditions favourable to the realization of the right to
development".{C}[68]
The duty "to eliminate the massive and flagrant violations of the human rights of people
and human beings"{C}[69] and to eradicate "all social injustices"[70].
The duty "to eliminate obstacles to development resulting from failure to observe civil
and political rights as well as economic, social and cultural rights"{C}[71]{C} and the
related duty that "the promotion of, respect for, and enjoyment of, certain human rights
and fundamental freedoms cannot justify the denial of other human rights and
fundamental freedoms"{C}[72].
67
The duty of "promoting, encouraging and strengthening universal respect" for all human
rights and fundamental freedoms[73].
The duty not to discriminate on basis of "race, sex, language or religion"[74].
The duty to "ensure that the resources released by effective disarmament measures are
used for comprehensive development"{C}[75].
4.2.6 Obligations of States (Collective)'
Several of the obligations of individual states also apply to states collectively. The Declaration on
the Right to Development also specifies several collective duties of states:
The duty to cooperate "in ensuring development and eliminating obstacles to

development"{C}[76], "to eliminate the massive and flagrant violations" of human rights
[77] and to promote "universal respect for and observance of, all human rights and
fundamental freedoms for all"{C}[78].
The duty of "full respect for the principles of international law concerning friendly
relations and cooperation among States in accordance with the Charter of the United
Nations"{C}[79].
The duty "to take steps, individually and collectively, to formulate international
development policies with a view to facilitating the full realization of the right to
development"{C}[80].
The duty to "promote the establishment . . . of international peace and security and, to
that end . . . to achieve general and complete disarmament" and to use the resources so
released "for comprehensive development"[81].
The UN system is the main mechanism through which states can fulfill their collective
obligations. In addition, Article 10 of the declaration[82]{C} and Article 4(1){C}[83], while
addressed primarily to states, also implicate the UN, its specialized agencies and its development
agencies-notably UNDP.
==4.3 United Nations and Human Rights Organisations ==
Human rights are very much on the international political agenda. Fundamental human rights,
such as the right to life, the physical integrity of the human person and the right to freedom of
thought and conscience are violated on a massive scale in many parts of the world. At the same
68
time, international bodies meet in normal and informal meetings to discuss ways of assuring the
protection and promotion of human rights.
The Year 1993 witnessed the second World Conference on Human Rights in Vienna, which
brought together representatives of more than 170 states and as many as 2,300 non-government
organisations (NGOs) which produced the Vienna Declaration of International Human Rights,
1993.
4.3.1 The Role of UNHCHR
Following recommendations included in the World Conference on Human Rights, 1993 in

Vienna[84], considering the issue of "adapting and strengthening the United Nations machinery
for human rights," recommended to the General Assembly that it consider "as a matter of
priority" the establishment of a High Commissioner for Human Rights to promote and protect all
human rights. Accordingly, at its 48th session in 1993 the General Assembly established the post
of a United Nations High Commissioner for Human Rights (UNHCHR) and assigned to the High
Commissioner principal responsibilities for UN human rights activities under the direction and
authority of the Secretary-General.
4.3.1.1 Mandate of the High Commissioner'
The mandate of the High Commissioner is set out in UN General Assembly resolution 48/141 of
20 December 1993 as follows:
"the High Commissioner shall be the United Nations official with principal responsibility for
United Nations human rights activities under the direction of the Secretary General." The High
Commissioner's responsibilities shall be:
(a) To promote and protect the effective enjoyment by all of all civil, cultural, economic, political
and social rights.
(b) To carry out the tasks assigned to him/her by the competent bodies of the United Nations
system in the field of human rights and to make recommendations to them with a view to
improving the promotion and protection of all human rights.
69
(c) To promote and protect the realization of the right to development and to enhance support
from relevant bodies of the United Nations system for this purpose.
(d) To provide, through the Centre for Human Rights of the Secretariat and other appropriate
institutions, advisory services and technical and financial assistance, at the request of the State
concerned and, where appropriate, the regional human rights organizations, with a view to
supporting actions and programmes in the field of human rights.
(e) To coordinate relevant United Nations education and public information programmes in the
field of human rights.
(f) To play an active role in removing the current obstacles and in meeting the challenges to the
full realization of all human rights and in preventing the continuation of human rights violations
throughout the world, as reflected in the Vienna Declaration and Programme of Action.
(g) To engage in a dialogue with all Governments in the implementation of his/her mandate with
a view to securing respect for all human rights.
(h) To enhance international cooperation for the promotion and protection of all human rights.
(i) To coordinate the human rights promotion and protection activities throughout the United
Nations system.
(j) To rationalize, adapt, strengthen and streamline the United Nations machinery in the field of
human rights with a view to improving its efficiency and effectiveness.
(k) To carry out overall supervision of the Centre for Human Rights."
The above resolution setting out the mandates also states:
"the High Commissioner for Human Rights shall . . . recognize the importance of promoting a
balanced and sustainable development for all people and of ensuring realization of the right to
development, as established in the Declaration on the Right to Development."{C}[85]
4.3.1.2 The Human Rights Council
70
In 2006 the longstanding UN Human Rights Commission was replaced by a new Human Rights
Council. The Human Rights Commission was a 56 member committee, authorized by the UN
Charter, consisting of state representatives. The stated goals of the replacement were to eliminate
"double standards and politicization." The new Council's responsibilities include "promoting
universal respect for the protection of all human rights," addressing gross human rights
violations, making recommendations to the General Assembly, and "responding promptly to
human rights emergencies." The Council's other responsibilities include providing direct
assistance to UN member states to help them meet their human rights responsibilities through
communication, technical assistance, and capacity building.
4.3.1.3 The Security Council
The Security Council's mandate under article 24 of the UN Charter is the maintenance of
international peace and security. The fifteen-member body consists of 5 permanent and 10
elected members. Nine votes are needed to approve any measures. Any of the five permanent
members (China, France, Russia, the United Kingdom, and the United States) can exercise their
veto power to prevent a given action from succeeding. The permanent membership of five
countries, with their veto power, is a clear concession to economic and military power within the
Security Council. The Security Council can issue binding decisions regarding international
security or peace, authorize military interventions and impose diplomatic and economic
sanctions.[86]
4.3.1.4 The International Criminal Court
The International Criminal Court (ICC) is designed to prevent impunity for human rights crimes,
genocide, war crimes, and crimes against humanity..
The ICC is intended to be complementary to States' national systems for prosecuting war crimes
and human rights violations and its jurisdiction is limited to "the most serious crimes of concern
to the international community as a whole"{C}[87]. The Statute sets forth the following four
71
crimes over which the ICC may exercise jurisdiction: (1) genocide; (2) crimes against humanity;
(3) war crimes; and (4) the crime of aggression against another state.
4.4 The Role of Non-Governmental Organisations
Non-governmental organisations such as Human Rights Watch and Doctors without Borders are
extremely active at the international level in the areas of human rights, war crimes, and
humanitarian aid. Nongovernmental organisations (NGOs) allow for collaborations between
local and global efforts for human rights by "translating complex international issues into
activities to be undertaken by concerned citizens in their own community".{C}[88] The
functions of international NGOs include investigating complaints, advocacy with governments
and international governmental organisations, and policy making. Local activities including
fundraising, lobbying, and general education.[89]
Although they do not have the authority to implement or enforce international law, NGOs have
several advantages to state organisations in the human rights system. Much of their work
includes information processing and fact finding, in which NGOs educate people about their
human rights and gather information regarding human rights abuses in violating countries.[90] In
this process NGOs have the benefit of access to local people and organisations and are often able
to get direct and indirect access to critical information about current human rights violations.[91]
Once they gather information, NGOs can design campaigns to educate the international
community of these abuses.
A key function of NGOs is advocacy urging support for human rights and attempting to
influence governments or international groups with regard to specific actions. Advocacy involves
education, persuasion, public exposure, criticism and provoking specific responses to human
rights abuses.[92] Representatives of NGOs are seen everywhere in the international human
rights system. Many international human rights NGOs attend and often participate in the
meetings of UN human rights bodies.[93] They provide information about human rights
situations through their reports and testimony. They shape the agendas, policies, and treaties of
the UN through participation and lobbying (Korey 1998). Notable examples include NGO
involvement in the development of the Universal Declaration of Human Rights and the UN
Declaration on Torture and Other Cruel, Inhuman or Degrading Treatment.[94]
72
NGOs with affiliates around the world include Amnesty International, Human Rights Watch, the
International Commission of Jurists, the International Federation of Human Rights, Minority
Group Rights, Doctors without Borders, and Oxfam. Besides these high profile NGOs there are
thousands of local and national organisations working on human rights issues.
4.5 Summary
The Universal declaration of Human Rights has proclaimed a common standard of

achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progreesive measures,
national and international, to secure their universal effective recognition and observance,
both among the peoples of Member States themselves and among the peoples of
territories under their jurisdiction.
Protection and promotion of human rights has been always the major concern of the
International community and is first of all and primatily a task, a duty and an
international obligation.
Respect for human rights and human dignity is the foundation of freedom, justice and
peace in the world.
In fulfillment of the ultimate goal of achieving peace and development the World
conference on Human Rights, 1993 urges governments, institutions, intergovernmental
and non-government organisations to intensify their efforts for protection and promotion
human rights supporting the view that human rights are universal, indivisible,
interdependent and interrelated.
The founding fathers of the United Nations established this organisation with the purpose
of protecting and promoting huamn rights and maintaining international peace and
securioty, of developing friendly relations among nations and of taking other appropriate
measures to strengthen universal peace. Therefore, the whole human rights edifice is
founded on the principle of the equal dignity of all human beings. The logical and
inescapable consequence of this principle is this universality of human rights.
Since establishment of the United Nations in 1945, the promotion and protection of
human rights being its major preoccupation, the Organization's founding nations resolved
that the horrors of The Second World War should never be allowed to recur. Respect for
human rights and human dignity is the foundation of freedom, justice and peace in the
world.
International covenants and conventions have the force of law for the States that ratify
them.
73
The International Covenant on Economic, Social and Cultural Rights and the
International Covenant on Civil and Political Rights are legally binding human rights
agreements.
Incorporation of international human rights norms into national laws and constitutions is
a key element in the protection of human rights.
The High Commissioner carries out the "good offices" function in the field of human
rights on behalf of the Secretary-General and is therefore now the United Nations official
with principal responsibility for human rights activities. He is responsible for promoting
and protecting human rights for all and maintains a continuing dialogue with Member
States.
Poverty and sustainable livelihoods are closely linked to human rights. Indeed, poverty is
a violation of human rights. Poverty and inequality can undermine human rights by
fueling social unrest and violence and increasing the precariousness of social, economic
and political rights. Therefore, poverty elimination is a core UNDP goal and a prime
objective of its sustainable human development paradigm.
The right to development is an inalienable human right of every human person and all
peoples to exercise full and complete sovereignty over all their natural wealth and
resources in pursuit of their economic, social and cultural development.
Human rights are very much on the international political agenda. Fundamental human
rights, such as the right to life, the physical integrity of the human person and the right to
freedom of thought and conscience are violated on a massive scale in many parts of the
world. At the same time, international bodies meet in normal and informal meetings to
discuss ways of assuring the protection and promotion of human rights.
Nongovernmental organisations (NGOs) allow for collaborations between local and

global efforts for human rights by translating complex international issues into activities
to be undertaken by concerned citizens in their own community. The functions of
international NGOs include investigating complaints, advocacy with governments and
international governmental organisations, and policy making. Local activities including
fundraising, lobbying, and general education.
[1]{C} G.A. Res, 217A (III), GAOR, 3rd Session, Part I, Resolution p. 71. [2]{C} International Human Rights Day is celebrated
annually on December 10. [3]{C} Preamble to the Universal Declaration of Human Rights, 1948.
[4]{C} Proclamation of Teheran, Final Act of the International Conference on Human Rights. Teheran, April 22 to may 13, 1968,
UN Doc. A/CONF. 32/41 at 3 (1968).
74
[5]{C} 993 UNTS 3; UKTS 6(1977); ^ ILM 360 (1967). [6]{C} 999 UNTS 171; UKTS 6(1977), 61 AJIL 870 (1967). [7]{C}
G.A. Res. 41/128, GAOR, 41 st Session, Supp. (53), p. 186, UN Doc. A/41/53. [8]{C} Artice 7, The Declaration on Right to
Development, 1986. [9]{C} Part I, para 5. Vienna Declaration, 1993.
[10]{C} "Human Rights Today: A United Nations Priority," The United Nations, 2000. [available at:
http://www.un.org/rights/HRToday/.
[11]{C} LALUMIERE, Catherine- Opening statement, Interregional meeting organized by the council of Europe in advance of
the World Conference on Human Rights (Palais de IEurope, Strasbourg, France, 28-30; Human Rights Law, Tuhin Malik,
Bangladesh bar Council, p 156).
[12]{C} Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [13]{C} The united
nations and human rights : www.un.org/rights/dpi1774e.htm (last accessed on 12.04.2007). [14]{C} Ibid. [15]{C} Ibid. [16]{C}
Ibid. [17]{C} The Universal Declaration of Human Rights 1948. [18]{C} The UN Declaration on the Right to Development
1986. [19]{C} Declaration on the Protection of All Persons from Enforced Disappearance 1992. [20]{C} And entered into force
10 years later. [21]{C} Entered into force in 1951. [22]{C} Entered into force in 1969. [23]{C} Entered into force in 1981. [24]
{C} Entered into force in 1987. [25]{C} Entered into force in 1990. [26]{C} Adopted in 1990, Published by the United Nations
Department of Public Information DPI/1774/HR--February 1996. [27]{C} Treaty bodies. [28]{C} United Nations special
rapporteurs, representatives, experts and working groups. [29]{C} Covenant on Civil and Political Rights. [30]{C} Covenant on
Economic, Social and Cultural Rights. [31]{C} The so-called 1503 Procedure. [32]{C} Published by the United Nations
Department of Public Information DPI/1774/HR--February 1996. [33]{C} Ibid. [34] Ibid. [35]{C} A UNDP policy Document,
1998. [36]{C} Meeting basic needs. [37]{C} Rights, participation, human dignity and security. [38]{C} Published by the United
Nations Department of Public Information DPI/1774/HR--February 1996. [39]{C} Ibid. [40]{C} Ibid. [41]{C} Article 1. [42]{C}
Preamble. [43]{C} Both individually and collectively. [44]{C} UN World Conference on Human Rights , 1993, Vienna. [45]{C}
International Conference on Population and Development, Cairo. [46]{C} World Summit on Social Development, Copenhagen.
[47]{C} Fourth World Conference on Women, Beijing. [48]{C} Apart from a few abstentions, the United States was conspicuous
as the sole dissenter. [49]{C} By consensus and not by vote.
[50]{C} Article I (10) of the Vienna Declaration, Principle 3 of the Cairo Programme of Action, Commitment 1(n) of the
Copenhagen Declaration and Article 213 of the Beijing Platform of Action.
[51]{C} Published by the United Nations Department of Public Information DPI/1774/HR--February 1996. [52]{C} Preamble.
[53]{C} Article 1(1). [54]{C} Preamble. [55]{C} Article 2. [56]{C} Article 1(1). [57]{C} Article 20. [58]{C} Preamble. [59]{C}
Preamble. [60]{C} Preamble. [61]{C} Article 1(2). [62]{C} Article1(2). [63]{C} Article 6(2) and Preamble. [64]{C} Preamble.
[65]{C} Article 10. [66]{C} Article 2(3). [67]{C} Article 8(1).
[68]{C} (Article 3(1)), (The World Summit on Social Development refers to this final duty as the commitment to create
"enabling environments." The duty to ensure "active free and meaningful participation" (Article 2(3)) and to "encourage
popular participation in all spheres as an important factor in development" (Article 8(2)).
[69]{C} Article 5. [70]{C} Article 8(1). [71]{C} Article 6(3). [72]{C} Preamble. [73]{C} Article 6(1). [74]{C} Article 8(1). [75]
{C} Article 7. [76]{C} Article 3(3). [77]{C} Article 5. [78]{C} Article 6(1). [79]{C} Article 3(2). [80]{C} Article 4(1) and
Article 10. [81]{C} Article 7.
[82]{C} Calling for steps to be taken at national and international levels "to ensure the full exercise and progressive enhancement
of the right to development".
[83]{C}Calling for the formulation of international development policies to facilitate "the full realization of the right to
development".
[84]{C} Held in Vienna in 1993. [85]{C} Integrating human rights with sustainable human development-A UNDP:
magnet.undp.org.Docs/policy5.html.
[86]{C} Bailey, S. 1994, The UN Security Council and Human Rights, New York: St. Martins Press; Ramcharan, B. 2002, Ed.
The Security Council and the Protection of Human Rights, The Hague, Martinus Nijhoff.
[87]{C} Rome Statute, article 1.
75
[88]{C} Durham H. 2004, We the People: The Position of NGOs in Gathering Evidence and Giving Witness in International
Criminal Trials, in Thakur, R. and Malcontent, P. Eds, From Sovereign Impunity to International Accountability, New York:
United Nations University Press.
[89]{C} Ibid.
[90]{C} Claude, R. and Weston, B. Eds. Human Rights in the World Community, Philadelphia: University of Pennsylvania Press;
Durham H. 2004, We the People: The Position of NGOs in Gathering Evidence and Giving Witness in International Criminal
Trials, in Thakur, R. and Malcontent, P. Eds, From Sovereign Impunity to International Accountability, New York: United
Nations University Press.
[91]{C} Durham H. 2004, We the People: The Position of NGOs in Gathering Evidence and Giving Witness in International
Criminal Trials, in Thakur, R. and Malcontent, P. Eds, From Sovereign Impunity to International Accountability, New York:
United Nations University Press.
[92]{C} Claude, R. and Weston, B. Eds. Human Rights in the World Community, Philadelphia: University of Pennsylvania Press.
[93]{C} Ibid. [94]{C} Ibid.
Chapter 5
5.1 Philosophical Analysis of the Concept of Human Rights'
Human rights being derived from the concept of a right, in order to demonstrate the various
constituent parts of the concept, the philosophical analysis of such a concept is important[1] as
presented herein below in this chapter.
5.1.1 Moral and Legal Rights
There are two separate and different categories of human rights, namely, moral rights and legal
rights. The rights found within existing legal codes are treated as legal rights. Legal rights are
recognised and protected by law and such rights are limited by the jurisdiction of concerned
legislative authority.
76
According to the views of legal positivists, the rights that originate within a legal system only
can be said to be legal rights, and on this view, in strict sense, moral rights are not rights but are
thought of as moral claims and eventually may or may not be assimilated within national or
international law.
There are also contrasting views that moral rights are rights and exist prior to and independently
from their legal counterparts and therefore, the existence and validity of a moral right is not
deemed to be dependent upon the actions of jurists and legislators.
Human rights however share an essential quality of moral rights, to the fact that their lawful
existence is not deemed to be conditional upon their being legislation or to be legally recognized
rather they are supposed to apply to all human beings everywhere, regardless of having being
received legal recognition.
There are also many countries where fundamental human rights are wholly or partially excluded
from being legally recognised. Yet, human rights supporters in those countries insist that the
rights remain valid regardless, as fundamental or moral rights.
Obviously the universality of human rights that positively entails claims which lend greater
moral force to human rights and for their part legal rights are not subject to disputes as to their
existence and validity in quite the way moral rights are.
Therefore, human rights are best thought of, as being both moral rights and legal rights.[2]
5.1.2 Philosophical Justifications of Human Rights'
The successful passage of many human rights into international and national law enables one to
think of human rights as, in many cases, both moral rights and legal rights. But the
'philosophically nave' view of human rights effectively construes human rights as legal rights
and as such human rights claim validity everywhere and for everyone, irrespective of whether
they have received comprehensive legal recognition, and even irrespective of whether everyone
is agreed with the claims and principles of human rights although the effective validity of human
rights is closely tied to, and dependent upon, the legal codification of human rights.
77
Presently, two particular philosophical approaches to the question of the validity of human rights
predominate: what might be loosely termed the 'interest theory approach' and the will theory
approach.
5.1.2.1 The Interest Theory Approach
According to the view of the interest theory approach, one has a right just when one has an
interest that grounds a duty for another moral agent[3] and the principal function of human
rights is to protect and promote certain essential human interests.[4]
The function of legal rights are, according to MacCormick, to express various degreesas in
liberty, claim and power-right of protection of the interest of an individual.[5]
They argue that securing human beings' essential interests is the principal ground upon which
human rights may be morally justified. Therefore, the interests approach is primarily concerned
to identify the social and biological prerequisites for human beings leading a minimally good
life.
The philosopher John Finnis[6] provides a good representation of the interests theory approach.
He argues that human rights are justifiable on the grounds of their instrumental value for
securing the necessary conditions of human well-being. He identifies seven fundamental
interests, or what he terms 'basic forms of human good', as providing the basis for human rights
which are: life and its capacity for development; the acquisition of knowledge, as an end in itself;
play, as the capacity for recreation; aesthetic expression; sociability and friendship; practical
reasonableness, the capacity for intelligent and reasonable thought processes; and finally,
religion, or the capacity for spiritual experience. According to Finnis, these are the essential
prerequisites for human well-being and, as such, serve to justify our claims to the corresponding
rights, whether they may be of the claim right or liberty right variety.
Thomas Hobbes[7] and some other philosophers defended human rights from an interests-based
approach having addressed the question of how an appeal to interests can provide a justification
for respecting and, when necessary, even positively acting to promote the interests of others.
James Nickel[8] has termed this approach as 'prudential reasons' in support of human rights.
78
Nickel writes, 'a prudential argument from fundamental interests attempts to show that it would
be reasonable to accept and comply with human rights, in circumstances where most others are
likely to do so, because these norms are part of the best means for protecting one's fundamental
interests against actions and omissions that endanger them.'[9]
Economic philosopher Amartya Sen[10] has argued that the minimal conditions for a decent life
are socially and culturally relative. These interest are ultimately identical and prerequisites for
satisfying individuals fundamental interests which may be termed as basic interests.
According to Henry Shue, a right is basic just when its protection is a necessary condition for
all other rights .[11]
But the fact is that some basic interests can only be satisfied when certain other practically
necessary conditions are met. As Hobbes famously argued, it is foolish to think that our basic
interest in security can be met outside the context of political authority, a common power to
keen [us] all in awe.[12]
As the interest based approach tends to construe fundamental interest as pre-determinants of

human moral agency, so, this can have the effect of subordinating the importance of the exercise
of freedom as a principal moral ideal and to include as a basic human interest which is not
constitutive of interests on this account and therefore, this particular concern lies at the heart of
the 'will theory approach.'
5.1.2.2 The Will Theory Approach
According to will theorists: human rights originates in a highly limited set of purportedly
fundamental attributes. Will theorist H.L.A. Hart claims that legal right is an expression of the
individual possibility to control the obligations of other persons, also to waive the possibility.
Such a person can be relatively weak, as in liberty-right or strong as a power-right.[13]
Hart further argues: all rights are reducible to a single, fundamental right as 'equal right of all
men to be free.[14]
79
Upon Hart's argument, Henry Shue[15] develops further that liberty alone is not ultimately
sufficient for grounding all of the rights, but, many of these rights imply more than mere
individual liberty and extend to include security from violence and the necessary material
conditions for personal survival. Shue grounds rights upon liberty, security, and subsistence.
Alan Gewirth[16] has further developed upon such themes arguing that the justification of our
claims to the possession of basic human rights is grounded in what he presents as the
distinguishing characteristic of human beings generally further stating that the recognition of the
validity of human rights is a logical corollary of recognizing oneself as a rationally purposive
agent and that the possession of rights are the necessary means for rationally purposive action.
He bases the necessary concern for others' human rights upon what he terms the 'principle of
generic consistency' (PGC) and Dworkin's concept of rights as trumps further arguing that the
right to life is absolute and cannot be overridden under any circumstances and it can never be
justifiably infringed and it must be fulfilled without any exceptions.'[17]
Will theorists attempt to establish the validity of human rights upon the ideal of personal
autonomy stating further that rights are a manifestation of the exercise of personal autonomy.
However, if the constitutive condition for the possession of human rights is said to be the
capacity for acting in a rationally purposive manner, for example, then it seems to logically
follow, that individuals incapable of satisfying this criteria have no legitimate claim to human
rights. The general tendency is towards extending human rights considerations and, if not
ultimately defensible by appeal to practical reason, anything to do otherwise would appear to
many to be intuitively wrong.
Thus, strictly applying the will theorists' criteria for membership of the community of human
rights bearers would appear to result in the exclusion of some categories of human beings who
are presently recognized as legitimate bearers of human rights.[18]
5.2 Summary
Human rights are best thought of, as being both moral rights and legal rights.
80
The successful passage of many human rights into international and national law enables
one to think of human rights as, in many cases, both moral rights and legal rights. But the
'philosophically nave' view of human rights effectively construes human rights as legal
rights and as such human rights claim validity everywhere and for everyone, irrespective
of whether they have received comprehensive legal recognition.
The principal function of human rights is to protect and promote certain essential human
interests.
The universality of human rights is grounded in what are considered to be some basic,
indispensable, attributes for human well-being, which all of us are deemed necessarily to
share.
It would be reasonable to accept and comply with human rights, in circumstances where
most others are likely to do so, because these norms are part of the best means for
protecting one's fundamental interests against actions and omissions that endanger them.
The possession of basic human rights is grounded in what he presents as the

distinguishing characteristic of human beings generally.
[1]{C} Human Rights, The Internet Encyclopedia Philosophy 2006, Author: Andrew Fagan, Human Rights Centre, University of
Essex: www.utm.edu/research/iep/h/hum-rts.htm
[2]{C} Ibid.
[3]{C} Raz, Jospeh. (1986) The Morality of Freedom, Ch: 7, The Nature of Rights. Oxford University Press pp. 165-92.
[4]{C} Human Rights, The Internet Encyclopedia Philosophy 2006, Author: Andrew Fagan, Human Rights Centre, University of
Essex: www.utm.edu/research/iep/h/hum-rts.htm.
[5]{C} MacCormic 1977, 1982 a and b. [6]{C} Finnis, John, Natural Law and Natural Rights, Oxford: Clarenton Press, 1980.
[7]{C}Human Rights, The Internet Encyclopedia Philosophy 2006, Author: Andrew Fagan, Human Rights Centre, University of
Essex: www.utm.edu/research/iep/h/hum-rts.htm.
[8]{C} Nickel, James. Making Sense of Human Rights: Philosophical Reflection on the Universal Declaration of Human Rights,
Berkeley: University of California Press, 1987:84.
[9]{C} Ibid. [10]{C} Amartya Sen (1999), Development as Freedom, New York, Anchor Books. [11]{C} Henry Shue (1996)
Basic Rights: Substance, Affluence, and U.S. Foreign Policy, 2nd Ed. Princeton University Press, pp. 18-34. [12]{C} Hobbes
(1651) Leviathan. Richard Tuck, ed. Cambridge University Press 1996, p. 88. [13]{C} Hart 1982 pp 183-189. [14]{C} Hart, H.
1955: 77. Are There Anu Natural Rights? Philosophical Review. [15]{C} Shue, H. 1996. Basic Rights, Second Edition,
Princeton: Princeton University Press.
81
[16]{C} Gewirth, Alan. Reason and Morality, Chicago: Chicago University Press, 1978; Gewirth, A. 1982, Human Rights,
Chicago: University of Chicago Press.
[17]{C} Ibid !982: 92.
[18]{C} Human Rights, The Internet Encyclopedia of Philosophy 2006: Author Andrew Fagan, Human Rights Centre, University
of Essex: www.utm.edu/research/iep/h/hum-rts.htm.
Chapter 6
6.1 Visiting Hypotheses and Recommendations
The evidences discussed and their summary presented in preceding chapters of this dissertation
supports hypotheses of this study. In addition, before visiting hypotheses, few more evidences
and findings are presented.
Generally, laws are identifiable by the fact that they take a form which distinguishes them from
social conventions. Their forms tell us that they are derived from an institutional source that is
socially recognized as having power to create law.[1] Laws so created can be said to be legally
binding upon the individual, or upon the state.[2] Therefore, to the need for concerted action to
protect human rights under the dynamic Rule of Law which led to the adoption of the charter of
the United Nations on 26 June, 1945 and subsequently of the Universal Declaration of Human
Rights on 10 December 1948, which was viewed as the first step in formulation of an
82
international bill of right would have legal as well as moral force[3] as international human
rights law.
In 1976, the provisions and ideals of the Charter and of the Universal Declaration became more
specific and obligatory with the entry into force in three significant instruments: (1) The
International Convention on Economic, Social and Cultural Rights; (2) The International
Convention on Civil and Political Rights; and (3) The Optional Protocol to the latter Convention.
After ratification by individual nations these Covenants and the International Bill of Human
Rights took on the force of International Law in 1976.[4]
Apart from gaining the status of international law, the International Bill of Human Rights is also
obligatory in its implementation by virtue of Article 55 and 56 of the UN Charter. And by
adhering to the charter, states expressly pledge themselves to take joint and separate action in
co-operation with the UN Organisation to promote universal respect for, and observance of,
human rights and fundamental freedoms for all without distinction as to race, sex, language, or
religion.[5]
The Universal Declaration of Human Rights is, as its title implies, truly universal in its
application and applies to every one of the human family, everywhere, regardless of whether or
not his government accepts its principles or ratifies the Covenants; while the Covenants, by their
nature, as multi-lateral Conventions, are binding only upon those states which have accepted
them by ratification, accession or otherwise. Nonetheless the standard is there.[6]
A common observation of all human societies has it that people may treat each other well or
badly, depending on whether they are motivated by love, generosity, gratitude, co-operation
and creativity, or hatred, greed, envy and destructiveness. Deeply buried somewhere in that
83
observation are origins of what are today called human rights and the legal rules associated
with them.[7]
In holistic sense, such love sustains life not only during infancy but also throughout human
life. Similarly discovery of love is also a life long exploration and experience. For every
individual the discovery of love is a very unique and unforgettable experience. Many splendours
of love get discovered while the individual seeks to relate him or her with the world around. The
individual has an innate longing for giving love as well as for receiving love.[8] Men being the
best creation on earth, Civilisation deals with everything concrete around men and culture with
what is abstract within the men.[9] The cultures and abstracts within the men is the rhythmic
innate of human beings that:
Man for man man for mankind
Regardless of race gender and colour
Man for man by heart and mind
With best wishes in equal honour
Man for man to have and give
Man for man to be one for other
Man for man to heavenly live
Worldwide all sister and brother
Man for man in wants and needs
84
Man for man for food and water
Man for man in words and deeds
Man for man to clothe and shelter
Man for man for home and floor
Man for man being whole hearty
Man for man for sick and poor
As true service to the almighty
Man for man to read and write
Man for man to root out wrong
Man for man to build wits bright
Man for man in whole life long
Man for man to get the right
Man for man to find out facts
Man for man in life to light
Man for man in all fair acts
Man for man in weal and woe
Man for man in vainness and ban
Man for man in winning the boo
Man for man for freedom of man
85
Man for man in prayer and praise
Man for man in pain and pleasure
Man for man in gayness and grace
Man for man in race and leisure
Man for man in life and death
Man for man in growth and birth
Man for man in coercing wrath
Fostering piety and peace in earth'.[10]'
From the above analysis, it becomes clear that human right law uses the classical
transformations of philosophy from needs to morality and ultimately on positive and enforceable
law.[11]
It further reveals that human rights are based on certain principles i.e. (1) the principle of
universal inheritance i.e. every human being has certain rights capable of being enumerated and
defined, which are not conferred on him by any ruler nor acquired by purchase, but which inhere
in him by virtue of his humanity alone; (2) the principle of inalienability i.e. no human being can
be deprived of any of those rights, by the act of any ruler or even by his own act; and (3) the rule
of law i.e. where rights conflicts with each other, the conflicts must be resolved by consistent,
independent and impartial application of just laws in accordance with just procedures.[12]
The Rule of Law therefore is a fundamental principle of human rights and freedoms.[13] Within
a state, rights must themselves be protected by law; and any dispute about them must not be
86
resolved by the exercise of arbitrary discretion, but must be consistently capable of being
submitted for adjudication to a competent, impartial and independent tribunal applying
procedures which will ensure full equality and fairness to all the parties, and determining the
question in accordance with clear, specific and pro-existing laws, known and openly proclaimed.
So, the Rule of Law is of particular importance for establishing the boundaries of different
human rights.[14]
Therefore, the paramount importance of all human rights bodies, institutions, organizations and
machineries throughout the world is to treat human rights as legal rights.
6.1.1 Treating Human Rights as Legal Rights: Visiting First Hypotheses
When we use the term legal right the word legal qualifies right.[15] The term right has,
therefore, a fundamental legal conception.[16]
In the case of Ashby vs White, a case of the early 18th century, Chief Justice Holt laid down the
famous dictum: Indeed, it is vain thing to imagine a right without remedy. His statement of the
rule that wherever there exists a legal right there also exists a remedy for the infringement of
such right is a re-formulation of an old Latin maxim.[17]
Ihering says: Rights are legally protected interest.[18]
Austin explained his conception of right thus: A person has a right when another or others are
bound or obliged by law to do or forbear towards or in regard of him.[19]
87
According to Professor Keetan a duty is an act or forbearance compelled by the state in respect
of a right vested in another, and the breach of which is a wrong. When we speak of a right, it
indicates that we are looking at the legal protection of an interest from standpoint of the person
whose interest is the subject of the laws activity. When we speak of a duty, we are looking at the
protection of the interest from the standpoint of those who must refrain from interference with
the interest. In this view of the matter, every right implies a correlative duty, and vice versa.[20]
Salmond defines a right as any interest, respect for which is a duty, and the disregard of which is
wrong.[21] A wrong is, according to Salmond, simply a wrong actan act contrary to the rule of
right and justice.[22]
Thus, the first hypotheses that right being synonymous of legal and antonymous of both
wrong and illegal, every right of any human person is ipso facto a legal right which
deserves protection of law and legal remedy irrespective of having being written into the law,
constitution or otherwise in any country received support.
The International Bill of Human Rights and almost all subsequent international and regional
conferences and charters on human rights mirrors and echoes an universal legal rights approach
of all human rights by urging all member states to become party to those international
covenants and protocols, to form regional conventions and to fulfill all national obligations
maintaining effective conditions as when human rights are codified in international legal system
and entrenched in domestic law, they become legal rights of the citizens enforceable in a court of
law[23].
However, it will not suffice to only maintain human rights as legal rights in any ordinary and
unspecified meaning, but to maintain in an objective international standard. The Vienna
88
Declaration from the World Conference on Human Rights[24] urged Governments to
incorporate standard as contained in international human rights instruments in domestic
legislation and to strengthen national structures, institutions and organs of society which play a
role in promoting and safeguarding human rights, and promises support in national efforts
directed towards this objectives[25] and side by side a new world order.
6.1.2 New World Order: Visiting Second and Third Hypotheses
The advocates of the concept of nuclear deterrence theory argue that: nuclear weapon is not for
war, but for peace and that it was nuclear weapon that prevented actual hot war between the
super powers during the cold war.[26] But the opponents term this theory as fallacy.[27] In the
global war against terrorism, when United States of America and its allies termed the 9/11 strikes
as terror attacks and the American President George W Bush embraced a radical doctrine of pre-
emptive war[28] and advocated the doctrine of pre-emptive strike of US-UK Coalition[29] for
pre-emptive strikes[30] against any suspect terror, then a group called it martyrdom operation
inside America and one of them declared, I am a terrorist and proud of it.[31]
In this regard, an analysis may be, for example, that one who is a separatist in the Indian Federal
Governments context, may claim himself to be a freedom fighter for the liberation of Kashmir
or may claim to be a member of the United Liberation Front of Assam (ULFA)[32] or to be a
member of Naga National Council (NNC)[33] who themselves believe to be the heroes for
fighting for the cause of their territorial independence; what Sri Lankan terms Tamil Rebels that
is named by the Tamil Guerillas as Liberation Tigers of Tamil Elam (LTTE) having a political
capital in the northern town of Kilionochchi; when an Israeli Prime Minister blames a Palestinian
Fatah or Hamas Guerrilla as a militant terrorist, then a Fatah or Hamas Guerrilla claims himself
to be freedom fighter for independent statehood of Palestine and terms the Israelis as illegal
occupants within the soil of Palestinians; when Chechen fighters are rebels to an authoritarian
leader of Russia, the Chechens suppose them fighting for an independent Chechnia; and during
89
the War on Iraq, when the US-UK Coalition calls it a Liberation War of Iraqi people, the
opponents term it just the first domino stone of a wider war game that US will play on the
grounds of axis of evil.[34]
Above is the prevailing position of different states and groups in fighting and war with their own
issues and causes throughout the world and respective parties have their own case of defenses
and explanations to justify their self-stands.
A mostly debated current issue of such so many conflicts is the imposition of UN sanctions on
Iran because if its refusal to stop enriching uranium which the big powers of the worlds suspect
could be used to build nuclear weapons. The Islamic Republic of Iran refuses to comply UN
sanction resolutions and categorically and repeatedly denies that it wants to produce atom bombs
saying its programme is intended solely for power generation. Iran further criticizes such policy
of big powers under the banner UN resolutions which maintains a double standard, especially
when the big powers do not abandon their nuclear weapons building competition and arms races
throughout the world.
As we have seen above, it is a universal fact that the whole world is divided with so many
conflicting issues and millions of human earnings and wealth are being wasted for authoritarian,
amusing, unproductive and above all for fully destructive purposes and thereby millions of world
people are being kept deprived from the benevolence of the rich and powerful community. As the
haves and the have-nots differences thus grow, so a downwards groups of people being created,
the conflicts between peoples in ups and downs rises.
Therefore, it is not new to experience instances and to see that being charged with the allegation
of murder or robbery or theft or and so on, a habituated outlaw practices fraud before the court of
90
law and pleads innocence on the ground of self-defense or doctrine of necessity to deprive the
truly aggrieved claimant from justice.
Temptation, greed, personal and social un-equality, differences, anger, attack, fighting and war in
the world is not new, but started from primitive human society and by the first half of the 20th
century, the world witnessed two world wars resulting unprecedented destruction and massacre.
Consequently, the necessity of internationalism was felt deeply among the philosophers,
scientists and statesmen all over the world. Some of them pointed out the need for a world
government and thereby, the League of Nations was created. Its failure led to the out break of
the Second World War following which UNO came into being. The changes occurred not easily
or peacefully. There were regional wars, world wars, revolutions, cold war on the one side, and
exchange of ideas, dialogues and synthesis advanced through the principle of thesis-antithesis-
synthesis. In this process, dialogues and exchange of ideas played an important role.[35]
Despite all the changes and advancement through ages, the identity and the original differences
of ancient civilisations and cultures were not obliterated. They are present in the national cultures
of today. While we think of peace in the world perspective, we must not forget the nation,
national culture, nation-state and international affairs of states and nations.[36]
At the present stage of civilisation, if we think of wiping them out for the success of
globalisation,[37] if we search for achieving universal brotherhood, peace and prosperity of
mankind, we should search for new measures. The old ideas of conflicting nationalism or
internationalism will not do well in the changed situation of today. Any hegemonic world order
based on dominance-dependency policy shall fail.[38]
91
One of the cornerstones of the Universal Declaration of Human Rights is that no one shall be
held in slavery or servitude. Despite this commitment made over 50 years ago to abolish
slavery, we are faced with the reality that many contemporary forms of slavery persist or are
actually increasing. Bonded labour, trafficking in human beings, prostitution, forced labour and
the exploitation of child labour affect millions of people around the world.[39] In such a
situation, it is, therefore, essential that people should now get themselves prepared for the up-
coming human rights challenges.[40] To start with, they should be sensitised in areas like:
the increasing role of science and technology in the determination, regulation and control
of pertinent relationships, interactions, outcomes etc, having direct or indirect human
rights implications arising from pre-birth through post-death stages;
the role of information super highway, space technology etc. in the improvement of
transparency and accountability in human rights areas;
prevention of human rights abuses with the aid of science and technology and vice-versa;
need for re-defining human rights and obligations in an evolving context; and
human rights as a focus and parameter of human development.[41]
For a peaceful, happy and prosperous future of mankind, national culture and nation-state should
be respected. Nationalism and internationalism by developing international ethics, new
international laws, advanced international and regional organisations.[42]
Internationalism should be considered not as contradiction but as complement of nationalism.

Interference by one state into the internal affairs of another must be stopped. Welfare of
collective life consisting of all man and woman should be a principle. Individual liberty as well
as social responsibility should be given due importance. If mankind proceeds in this way,
universal brotherhood will not be so distant as to seem impossible. Taking upon this way a world
government may be founded in the future. None of these objectives can be achieved forcibly or
by any oppressive measure or high-handed manner. New leadership for new world order is
92
essential. We should always have in mind how ancient civilisations of local and regional nature
developed to the present global nature[43] and as it has already been found in preceding chapter
1 that the Charter of Rights for mankind being confirmed by the recent world conference on
Human Rights in the Vienna Declaration 1993 that the human rights are universal, invisible,
interdependent and interrelated and the second hypotheses that every human being is subject to
live and let live the others jointly in the world with common basic needs and realities among
themselves and to fulfill such needs for survival, security, prosperity and peace, man, irrespective
of gender, race and colour is one to one-cum-one for other dependent or inter dependent and
thereby every human person naturally inherits a man for man plus one to one-cum-one for
other approach of thinking, living and working received support.
Globalisation is boosted by the speed of increasing global communications. It now marks the
growing interdependence of the modern world. This can bring human rights dividends: through,
for example, an increased access by everyone to information which in turn increases a global
awareness of human rights, both in terms of individuals entitlements and of their violation; the
enhanced development of civil society at the national level, strengthen through international
links; and the improvements that all this can bring in terms of democratisation and increased
government accountability. Managed wisely, the new wealth being created by globalisation also
could create the opportunity to lift millions of the worlds poorest people out of poverty.[44]
Developing and developed countries, therefore, international institutions, the private sector and
civil society need to rise to the challenges posed by globalisation. If countries are to harness the
benefits of globalisation, they need effective systems of government and action against
corruption; they need to ensure respect for human rights. It is a question of basic justice to
promote security, safety and justice for all and the rule of law. But it is also a question of
sustainable economics. Regimes which govern their citizens by fear and repression cannot expect
the sane people to display the creativity and innovation in their work which are essential to vital
future-oriented economics.[45]
93
Here, it needs to be re-emphasised that to achieve the ultimate goal of the protection and
promotion of Human Rights for peace and development in the world an objective international
standard of The Vienna Declaration from the World Conference on Human Rights[46] and
promises which support in national efforts directed towards this objectives[47] of the new
world order should be strictly maintained.
These objectives aim a borderless global standard and one to one approach to include every
individual member of the human family for peace and development in the world. As no man,
irrespective of gender, colour and race, is isolated from the other, for the protection and
promotion of human rights objectives reflected in the aspirations of the world community and for
New World Order, a man for man plus one to one-cum-one for other approach and treatment
and side by side to ensure that none remains outside such process is imperative.
From the above discussions of this chapter, the third hypotheses that for protection and
promotion of human rights for continuous peace and development worldwide, it is imperative for
every human being to work for the unity of the world community and to act upon the idea of
non-clash, non-violence and non-discrimination vis--vis brotherhood, love and equality and that
these objectives aim a borderless global standard and a New World Order, namely, a man for
man plus one to one-cum-one for other approach and treatment and side by side to ensure that
none remains outside such process also receive support.
6.1.3 Man for Man Theory Approach: The Theory of World Peace: Visiting Fourth and Fifth
Hypotheses
From overall analysis on the basis of evidences and summaries in preceding chapters, further
evidences and analysis in this present one and recommendations and findings presented herein
94
above, this dissertation contributes to the literature that studies development of human rights law
by providing a detailed study that shows that that every human being is subject to live and let
live the others jointly in the world with common basic needs and realities among themselves and
to fulfill such needs for survival, security, prosperity and peace, man is one to one-cum-one for
other dependent or inter dependent and thereby every human person inherits a man for man
plus one to one-cum-one for other approach of thinking, living and working.
This dissertation also contributes to the development of human rights law showing that for
protection and promotion of human rights as well as for continuous peace and development
brotherhood, love and equality; and that the man for man plus one to one-cum-one for other
approach, as Man for Man Theory approach should imply as the Theory of World Peace in the
New World Order.
Evidence presented in this dissertation further shows that under the Man for Man Theory
approach, for protection and promotion of human rights for peace and development in the world,
instead of making enmity or making target of guns and bringing within the range of high-tech
missiles or sophisticated nuclear weapons, every human being needs to make target to earn,
acquire and possess the ideals of brotherhood, love, equality, prosperity and peace in himself or
herself and thereby should get prepared to be embraced as an Ambassador of World Peace and
thus, the fourth hypotheses to the same effect was confirmed.
Finally, analysis of evidences presented in this dissertation shows that the only way to make the
world terrorism and war free and to confirm peace and development worldwide should be the
unity of the world community in one and single approach of man for man correlative,
interdependent and one to one-cum-one for other approach, namely, the Man for Man Theory
approach of World Peace and the fifth hypotheses that the only way to make the world
95
terrorism and war free and to confirm peace and development worldwide is the unity of the
world community in one and single theory of man for man correlative, interdependent and one
to one-cum-one for other approach, namely, the Man for Man Theory approach of world peace
was supported.
[1]{C} James A. Holland & Julian S. Webb, Learning Legal Rules, 5th Edition, Oxford: Oxford University Press, 2003:3. [2]{C}
Ibid.
[3]{C} The Role of Judiciary in Promotion and Protection of Human Rights By Dr. Hamiduddin Khan, Published in The Dhaka
University Studies Part V June 1993:102.
[4]{C} Ibid Page 103. [5]{C} Ibid. [6]{C} Ibid. [7]{C} Ibid Page 101.
[8]{C} The Discovery of Love By Mufleh R. Osmany, Former Foreign Secretary, Government of the Peoples of Bangladesh,
Published in The Independent, Dhaka, Bangladesh on June 7 2005.
[9]{C}Globalisation under the US authority and the future of mankind By Abul Quasem Fazlul Huq, Anniversary Supplement,
The Independent, Dhaka, Bangladesh 20 May 2003:25.
={C}[10]{C} My poem Man for Man, First Published in Poetry Nook of The Young Independent (Weekly Supplement of The
Independent) ,Dhaka, Bangladesh on April 13 2006. =
[12]{C} Ibid Page 101-102.
[13]{C} Said by James Willard Hurst, Source: The Role of Judiciary in Promotion and Protection of Human Rights By Dr.
Hamiduddin Khan, Published in The Dhaka University Studies Part V June 1993:102.
[15]{C} Salmonds Jurisprudence (As Expounded By Sir John Salmond) 1987: 223, Published by Monsoor Book House,
Katchery Road, Lahore.
[16]{C} Ibid Page 222.
[17]{C} Achievement of Justice Morshed: The great champion of rule of law; By Justice Latifur Rahman, Former Chief Justice
of Bangladesh and Former Chief Advisor of the Government of the Peoples Republic of Bangladesh, Published on 29 April
1999 as Editorial of The Independent, Dhaka, Bangladesh.
[18]{C} Salmond Page 224. [19]{C} Ibid. [20]{C} Ibid Page 227. [21]{C} Ibid. [22]{C} Ibid.
96
[24]{C} International Conference on Human Rights 1993. [25]{C} Human Rights And Development: An Integrated Strategy For
Their Realisation By Dr. Kamal Hossain.
[26]{C} World Youth Exchange Views On War And Peace By Md Abdul Mannan Published in The Independent, Dhaka,
Bangladesh on 4 September 1999 as its Editorial.
[27]{C} Ibid.
[28]{C} AFP, Washington, Democrates Reactions to Presidents Policy Speech: Bush Accused of Leading US into Isolation,
Courtesy: The Independent, Dhaka, Bangladesh 22 January 2004:11.
[29]{C} War on Iraq: Beginning of the 4 th World War? By Kazi Mamun-ur-Rashid, Courtesy: Anniversary Supplement, The
Independent, Dhaka, Bangladesh 20 May 2003:32.
[30]{C} A Nacked Display of Military Power By Tariq Ali, NEWSWEEK, March 10, 2003: 28. [31]{C} The Biggest Catch Yet
By Mark Hossenball and Evan Thomas, NEWSWEEK March 10, 2003:31.
[32]{C} AFP, Guwhati, India, Six More Killed in Ethnic Clashes in Assam: The Independent, Dhaka, Bangladesh 21 November,
2003:7.
[33]{C} Ibid.
[34]{C} War on Iraq: Beginning of the 4th World War? By Kazi Mamun-ur-Rashid, Courtesy: Anniversary Supplement, The
Independent, Dhaka, Bangladesh 20 May 2003:32.
[35]{C} Globalisation under the US authority and the future of mankind By Abul Quasem Fazlul Huq, Anniversary Supplement,
[36]{C} Ibid. [37]{C} Ibid. [38]{C} Ibid.
[39]{C} Human Rights in 21st Century By John Battle (The Writer is the British FCO Minister of State): This article is based on
a speech he delivered at the Human Rights Commission, Geneva, on 22 March, 2001; Courtesy: The Independent, Dhaka,
Bangladesh.
[40]{C} Ibid. [41]{C} Future of Human Rights By Dr. M. S. Haq: The Independent, Dhaka, Bangladesh 31 May 1999.
[42]{C} Globalisation under the US authority and the future of mankind By Abul Quasem Fazlul Huq, Anniversary Supplement,
[43]{C} Ibid.
[44]{C} Human Rights in 21st Century By John Battle (The Writer is the British FCO Minister of State): This article is based on
a speech he delivered at the Human Rights Commission, Geneva, on 22 March, 2001; Courtesy: The Independent, Dhaka,
Bangladesh.
[45]{C} Ibid. [46]{C} International Conference on Human Rights 1993. [47]{C} Human Rights And Development: An
Integrated Strategy For Their Realisation By Dr. Kamal Hossain.
97
Chapter 7
7.1 Conclusion
This dissertation is the outcome of the research conducted with a view to investigate the needs
and ways for protection of human rights for peace and development in the world.
There are seven chapters in this dissertation. To address the issues for analysis, in the
introduction at the chapter 1, the background reasons for the said investigation has been put
forward; the methodology, hypotheses, experimental works, organization of the dissertation and
summary have been put forward in chapter 2; at the beginning of chapter 3, the term human
rights has been defined and the need for protection and promotion of human rights, ways and
norms for protection of human rights, criteria of human rights protection, charter of the United
Nations, Universal Declaration of Human Rights and summary have been put forward in the said
chapter thereafter; chapter 4 and 5 have come out with detailed discussion of protection and
promtion of human rights for international peace and security, the role of United Nations in
promotion and protection of human rights, United Nations intergovernmental bodies dealing with
human rights, establishment of international human rights standards, mechanisms for protection
of human rights, UN human rights advisory services and technical assistance, good offices of the
UN Secretary General, integrating human rights for peace and development in the world,
eliminating poverty and sustaining livelihoods, developing capacity for good governance, the
right to development, the declaration on the right to development, the component rights of the
human right to development include, obligations of states (individual), obligations of states
(collective), United Nations and human rights organisations, the role of UNHCHR, mandate of
the High Commissioner, the Human Rights Council, the Security Council, the International
98
Criminal Court, the role of non-governmental organizations, philosophical analysis of the
concept of human rights, moral and legal rights, philosophical justification of human rights, the
interest theory approach, the will theory approach and summary therein; chapter 6 deals with
analysis of hypotheses and recommendations; and finally analysis and suggestions for further
research is also made in this concluding chapter 7.
Therefore, a substantial discussion has been made in regards human rights issues and the needs
and ways for protection and promotion of human rights throughout the world.
Experimental works of this study, as discussed in chapter 2, illustrates views that favours a man
for man plus one to one-cum-one for other approach, namely, the Man for Man Theory
approach for the unity of the world community to keep the world terrorism and war free and to
confirm peace and development worldwide and suggests that the Third Millennium has set in
with the realities to face the newer human rights challenges to address the basic needs of food,
dress, shelter, education, religion, culture, health, environment, employment, marriage and
choice of spouse, security, freedom, democracy, good governance, equality and justice for peace
and equal development of all throughout the world; as global institution, the UN has the
responsibility to stress the global nature of the crisis and to insist on the need of global solution
based on global rules that are fair to all ensuring that nations do not react to global crisis by
turning their backs on universal values and further that none is left out from any process required
to achieve ultimate peace and development in the world and in the present day world we all are
very much connected and interdependent.
This study demonstrates in chapter 3 that when the words human rights are used together, its
universal meaning comes to legal claim relating to man or mankind; human rights may be called
the rights associated with the very birth of mankind in that theses are fundamental requirements
for existence of human beings; human rights are the basic rights of freedoms to which all humans
are considered entitled such as the right to life, liberty, freedom of thought and expression, and
99
equal treatment before the law; human rights represent entitlements of the individual or groups
vis-a-vis the government, as well as responsibilities of the individual and the government
authorities; human rights are ascribed "naturally", they are not earned and cannot be denied;
human rights are advanced as legal rights and protected by the rule of law; the concept of
international protection of human rights is firmly established in international human rights law;
human rights as contained in the Charter of the United Nations and Universal Declaration of
Human Rights, enjoys the status of International Law; human rights norms by legislative
provisions exists at the national level as civil or constitutional rights through legislative
enactment, judicial decision, or custom and at the international level as international law of
human rights through treaties; people are endowed by their creator with natural rights to life,
liberty, and the pursuit of happiness and on this view, the Creator is the supreme lawmaker and
enacted basic human rights; human rights can be seen as basic moral norms shared by all or
almost all accepted human moralities being supported by strong moral and practical reasons;
human rights are, political norms dealing mainly with how people should be treated by their
governments and institutions; human rights exist as moral and/or legal rights; human rights are
numerous rather than few; human rights protect people against familiar abuses of people's
dignity and fundamental interests; human rights are minimal standards and their focus is
protecting minimally good lives for all people; human rights are international norms covering all
countries and all people living today; international law plays a crucial role in giving human
rights global reach; human rights are universal provided that such rights are recognised through
domestic enactments and legislative provisions; human rights are high-priority norms; human
rights require robust justifications that apply everywhere and support their high priority; human
rights are universal, invisible, interdependent and interrelated; when enacted into law of any
country the human rights become fundamental rights of the citizen of the country; all human
beings are born free, equal in dignity and rights, endowed with reason and conscience and they
should act towards one another in a spirit of brotherhood; everyone is entitled to all the rights
and freedoms set forth in the UDHR without any distinction; everyone has the right to life,
liberty and security of person; no one shall be held in slavery or servitude; no one shall be
subjected to torture or inhuman treatment; everyone has the right to recognition before the law;
all are equal before the law and are entitled to equal protection of the law; everyone has the right
to remedy by the competent tribunals for acts violating the fundamental rights; no one shall be
100
subjected to arbitrary arrest, detention or exile; everyone is entitled to a fair and public hearing of
any criminal charge against him by independent and impartial tribunal; everyone charged with a
penal offence has the right to be presumed innocent until proved guilty; everyone has the right to
the protection of his privacy, family, home or correspondence, his honour and reputation;
everyone has the right to freedom of movement and residence within the borders of each state
and has the right to leave any country, including his own, and to return to his country; everyone
has the right to seek and to enjoy in other countries asylum from prosecution unless such
prosecution is genuinely contrary to the purposes and principles of the United Nations; everyone
has the right to a nationality and to change it; without any limitation due to race, nationality or
religion, men and women of full age, have the right to marry and to found a family and are
entitled to equal rights as to marriage, during marriage and at its dissolution; the family is the
natural and fundamental group unit of society and is entitled to protection by society and the
State; everyone has the right to own property alone as well as in association with others and no
one shall be arbitrarily deprived of his property; everyone has the right to freedom of thought,
conscience and religion; everyone has the right to freedom of opinion and expression and to
seek, receive and impart information and ideas through any media and regardless of frontiers;
everyone has the right to freedom of peaceful assembly and association; everyone has the right to
take part in the government of his country, directly or through freely chosen representatives and
has the right of equal access to public service in his country; the will of the people by universal
and equal suffrage shall be the basis of the authority of government; everyone has the right to
social security and is entitled to realisation through national effort and international co-operation
of the economic, social and cultural rights indispensable for his dignity and the free development
of his personality; everyone has the right to free choice of work and to protect himself against
unemployment without any discrimination ensuring just and favourable remuneration and to join
trade unions for the protection of his interests; everyone has the right to rest and leisure and
periodic holidays with pay; everyone has the right to a healthy life including food, clothing,
housing, medical care, social services and security in the event of unemployment, sickness,
disability, widowhood, old age or other lack of livelihood in circumstances beyond control;
everyone has the right to education; everyone has the right to freely participate in cultural,
artistic and scientific advancement and its benefits; everyone has rights and freedoms of meeting
the just requirements of morality, public order and the general welfare in a democratic society
101
which may in no case be exercised contrary to the purposes and principles of the United Nations;
all human beings are born free and equal in dignity and rights, endowed with reason and
conscience and should act towards one another in a spirit of brotherhood and the 1993 World
Conference on Human Rights affirmed the crucial connection between international peace and
security and the rule of law and human rights, placing them all within the larger context of
democratization and development.
In chapter 4, this study demonstrates that the Universal Declaration of Human Rights has
proclaimed a common standard of achievement for all peoples and all nations, to the end that
every individual and every organ of society, keeping this declaration constantly in mind, shall
strive by teaching and education to promote respect for these rights and freedoms and by
progreesive measures, national and international, to secure their universal effective recognition
and observance, both among the peoples of Member States themselves and among the peoples of
territories under their jurisdiction; protection and promotion of human rights has been always the
major concern of the international community and is first of all and primatily a task, a duty and
an international obligation; respect for human rights and human dignity is the foundation of
freedom, justice and peace in the world; in fulfillment of the ultimate goal of achieving peace
and development, the World Conference on Human Rights, 1993 urges governments, institutions,
intergovernmental and non-government organisations to intensify their efforts for protection and
promotion human rights supporting the view that human rights are universal, indivisible,
interdependent and interrelated; the founding fathers of the United Nations established this
organisation with the purpose of protecting and promoting huamn rights and maintaining
international peace and securioty, of developing friendly relations among nations and of taking
other appropriate measures to strengthen universal peace; the whole human rights edifice is
founded on the principle of the equal dignity of all human beings; the logical and inescapable
consequence of this principle is this universality of human rights; since establishment of the
United Nations in 1945, the promotion and protection of human rights being its major
preoccupation, the organization's founding nations resolved that the horrors of The Second World
War should never be allowed to recur; respect for human rights and human dignity is the
foundation of freedom, justice and peace in the world; international covenants and conventions
102
have the force of law for the States that ratify them; the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and Political Rights are
legally binding human rights agreements; incorporation of international human rights norms into
national laws and constitutions is a key element in the protection of human rights; the High
Commissioner carries out the "good offices" function in the field of human rights on behalf of
the Secretary-General and is therefore now the United Nations official with principal
responsibility for human rights activities who is responsible for promoting and protecting human
rights for all and maintains a continuing dialogue with Member States; poverty and sustainable
livelihoods are closely linked to human rights; poverty is a violation of human rights; poverty
and inequality can undermine human rights by fueling social unrest and violence and increasing
the precariousness of social, economic and political rights; poverty elimination is a core UNDP
goal and a prime objective of its sustainable human development paradigm; the right to
development is an inalienable human right of every human person and all peoples to exercise full
and complete sovereignty over all their natural wealth and resources in pursuit of their economic,
social and cultural development; human rights are very much on the international political
agenda; fundamental human rights, such as the right to life, the physical integrity of the human
person and the right to freedom of thought and conscience are violated on a massive scale in
many parts of the world; nongovernmental organisations (NGOs) allow for collaborations
between local and global efforts for human rights by translating complex international issues into
activities to be undertaken by concerned citizens in their own community and the functions of
international NGOs include investigating complaints, advocacy with governments and
international governmental organisations, and policy making and the local activities includes
fundraising, lobbying, and general education.
This study also demonstrates in chapter 5 that human rights are best thought of, as being both
moral rights and legal rights; the successful passage of many human rights into international and
national law enables one to think of human rights as, in many cases, both moral rights and legal
rights, but the 'philosophically nave' view of human rights effectively construes human rights as
legal rights and as such human rights claim validity everywhere and for everyone, irrespective of
whether they have received comprehensive legal recognition; the principal function of human
103
rights is to protect and promote certain essential human interests; the universality of human
rights is grounded in what are considered to be some basic, indispensable, attributes for human
well-being, which all of us are deemed necessarily to share; it would be reasonable to accept and
comply with human rights, in circumstances where most others are likely to do so, because these
norms are part of the best means for protecting one's fundamental interests against actions and
omissions that endanger them and the possession of basic human rights is grounded in what he
presents as the distinguishing characteristic of human beings generally.
Finally, the overall analysis of discussions of this study also demonstrates the contention that
economic development, human rights, good governance and peace are, in fact, inextricably
connected and mutually enforcing. Peace is a necessary precondition for development; and
equitable development eradicates many of socio-political conditions which threaten peace. It
comes as no surprise to find that those countries whose economics are declining, whose political
institutions are failing and where human rights are abused should also be ones experiencing the
greatest amounts of violence and turmoil.[1]
Peace is not only one of the purposes of the international organisations, it is the justification of
all other purposes.[2]
The Covenant of the League of Nations[3] in the first lines of the preamble provides:
To promote international cooperation and to achieve international peace and security by the
acceptance of obligations not to resort to war.
Like the League of Nations, the United nations was born out of a world war. While the purpose
of the League was to constrain the Member States, Not to resort to war, that of the United
104
Nations was expressed in a more positive manner in that Peace as a fundamental objective was
not merely the absence of war. The purpose of the United Nations is summed up in paragraph I
of Article I of the Charter:
To maintain international peace and security, and to that end, to take effective collective
measures for the prevention and the removal of treats of peace, and to bring about by peaceful
means and in conformity with the principles of justice and international law, adjustment of
settlement of international disputes or situations which might lead to a breach of peace.[4]
Poverty is also one of the threats to peace, as described in the preceding chapters. Therefore,
peace is not just the absence of a world war. It is the absence of those factors which lead to
violence and war, political injustice, economic injustice, social injustice and cultural injustice at
international and national level.
In preceding chapters and paragraphs, analysis of cause of conflicts, violence and war shows a
path-way to end these, by maintaining an objective international standard what The Vienna
Declaration from the World Conference on Human Rights[5] urged Governments to incorporate
standard as contained in international human rights instruments in domestic legislation and to
strengthen national structures, institutions and organs of society which play a role in promoting
and safeguarding human rights, and promises support in national efforts directed towards this
objectives[6] and side by side a new world order.
Thus, analysis of all five main hypothesis of this dissertation suggests that in a New World
Order, for protection and promotion of human rights for peace and development in the world the
man for man correlative and interdependent approach namely, the Man for Man Theory
approach should imply as the Theory of World Peace and the only way to make the world
terrorism and war free and to confirm peace and development worldwide should be the unity of
105
the world community in one and single approach of man for man correlative, interdependent
and one to one-cum-one for other approach, namely, the Man for Man Theory approach of
world peace.
7.2 Suggestions for Further Research
Further research should continue to examine the need for constitutional protection of human
rights as fundamental rights in more precise measures of key theories and instruments. While the
results of this study show that in a New World Order, for protection and promotion of human
rights for peace and development in the world the man for man correlative and interdependent
approach namely, the Man for Man Theory approach should imply as the Theory of World
Peace, additional research is needed to replicate the findings of this dissertation and elucidate
the connections between man for man approach of world peace the need for constitutional
protection of human rights as fundamental rights.
Further research should also continue to examine the need for global treatment of human rights
as legal rights and to confirm full-fledged enforcement of human rights under international law
side by side national law jurisdictions with due ratifications and legislations worldwide.
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116

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Research On

Human Rights Violation by the Law

2.3 Experimental Works

2.4 Organisation of the Dissertation

3.2 Ways and Norms for Protection of Human Rights

3.3 Criteria of Human Rights Protection

3.4 Charter of the United Nations

3.5 Universal Declaration of Human Rights

4.1.1.1 United Nations Intergovernmental Bodies Dealing with Human Rights

4.1.1.2 Establishment of International Human Rights Standards

4.1.1.3 Mechanisms for Protection of Human Rights

4.1.1.4 UN Human Rights Advisory Services and Technical Assistance

4.1.1.5 Good offices of the Secretary General

4.2.2 Developing Capacity for Good Governance

4.2.3 The Right to Development

4.2.4 The Declaration on the Right to Development

4.2.4.1 The Component Rights of the Human Right to Development Include

4.2.5 Obligations of States (Individual)

4.2.6 Obligations of States (Collective)

4.3 United Nations and Human Rights Organisations

4.3.1 The Role of UNHCHR

4.3.1.1 Mandate of the High Commissioner

4.3.1.2 The Human Rights Council

4.3.1.3 The Security Council

4.3.1.4 The International Criminal Court

4.4 The Role of Non-Governmental Organisations

5.1 Philosophical Analysis of the Concept of Human Rights

5.1.1 Moral and Legal Rights

5.1.2 Philosophical Justification of Human Rights

5.1.2.1 The Interest Theory Approach

5.1.2.2 The Will Theory Approach

6.1 Visiting Hypotheses and Recommendations

6.1.1 Treating Human Rights as Legal Rights: Visiting First Hypotheses

6.1.2 New World Order: Visiting Second and Third Hypotheses

7.1 Suggestions for Further Research

Statement of the problem

[1]{C} Vienna Declaration, 1993, para1.

[7]{C} Ibid. [8]{C} Ibid.

2.3 Experimental Works

2.4 Organisation of the Dissertation

Examples of human rights

Who monitors human rights?

History of human rights

The Laws In Question and How They Are Misused?

Scope of Torture in Remand

Section 54 of the Code of Criminal Procedure

If the person is a deserter from the armed forces of Bangladesh;

a) Equipped with dangerous machinery without satisfactory reasons, or

b) Covered face or in disguise without satisfactory reason, or

d) Sleeping or wandering on any street or in any place without satisfactory reasons, or

The Special Powers Act 1974

to the security of Bangladesh;

to the safety or maintenance of public order;

to the maintenance of law and order;

to the security of any section of the public;

to the economic and financial interests of the state;

Causes for Violations

Inhuman Life of Police

Lack of Human Rights Training for Police Personnel

Lack of Human Rights Training for Police Personnel

Defects in Recruitment Procedure

Lack of Scientific facilities

Absence of Community Policing