A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh

Sazzadul Karim

doi:doi:10.11648/j.ijls.20230604.13

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A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh

Sazzadul Karim

Published in International Journal of Law and Society (Volume 6, Issue 4)

Received: 20 September 2023 Accepted: 23 October 2023 Published: 29 November 2023

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Abstract

The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or indirect enforcement and progressive realization of these rights. As we are signing parties to many international human right treaties, we have a responsibility to comply with the provisions of the treaties that guide the enforcement or at least obliges states to take all appropriate steps, to the maximum of its available resources, to progressively achieve the full realization of the rights recognized in the treaties. The objectives of this paper are to convey a general idea on Economic, Social and Cultural Rights, a brief description of national and international documents containing these rights and mechanisms for the judicial enforcement of these rights especially the role of courts in this sub-continent and that of Bangladesh. As the work is qualitative in nature, to collect data, resorts have been taken to different national and international law journals, law books, different international treaties and so on. Therefore, a number of cases have been referred here showing the court’s approach in liberal interpretation of these rights.

Published in	International Journal of Law and Society (Volume 6, Issue 4)
DOI	10.11648/j.ijls.20230604.13
Page(s)	268-273
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Economic, Social and Cultural Rights, Constitution, Judicial Enforcement, Implement, Realization

References

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APA Style

Karim, S. (2023). A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh. International Journal of Law and Society, 6(4), 268-273. https://doi.org/10.11648/j.ijls.20230604.13

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ACS Style

Karim, S. A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh. Int. J. Law Soc. 2023, 6(4), 268-273. doi: 10.11648/j.ijls.20230604.13

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AMA Style

Karim S. A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh. Int J Law Soc. 2023;6(4):268-273. doi: 10.11648/j.ijls.20230604.13

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@article{10.11648/j.ijls.20230604.13,
  author = {Sazzadul Karim},
  title = {A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh},
  journal = {International Journal of Law and Society},
  volume = {6},
  number = {4},
  pages = {268-273},
  doi = {10.11648/j.ijls.20230604.13},
  url = {https://doi.org/10.11648/j.ijls.20230604.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230604.13},
  abstract = {The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or indirect enforcement and progressive realization of these rights. As we are signing parties to many international human right treaties, we have a responsibility to comply with the provisions of the treaties that guide the enforcement or at least obliges states to take all appropriate steps, to the maximum of its available resources, to progressively achieve the full realization of the rights recognized in the treaties. The objectives of this paper are to convey a general idea on Economic, Social and Cultural Rights, a brief description of national and international documents containing these rights and mechanisms for the judicial enforcement of these rights especially the role of courts in this sub-continent and that of Bangladesh. As the work is qualitative in nature, to collect data, resorts have been taken to different national and international law journals, law books, different international treaties and so on. Therefore, a number of cases have been referred here showing the court’s approach in liberal interpretation of these rights.
},
 year = {2023}
}

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TY  - JOUR
T1  - A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh
AU  - Sazzadul Karim
Y1  - 2023/11/29
PY  - 2023
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T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
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PB  - Science Publishing Group
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UR  - https://doi.org/10.11648/j.ijls.20230604.13
AB  - The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or indirect enforcement and progressive realization of these rights. As we are signing parties to many international human right treaties, we have a responsibility to comply with the provisions of the treaties that guide the enforcement or at least obliges states to take all appropriate steps, to the maximum of its available resources, to progressively achieve the full realization of the rights recognized in the treaties. The objectives of this paper are to convey a general idea on Economic, Social and Cultural Rights, a brief description of national and international documents containing these rights and mechanisms for the judicial enforcement of these rights especially the role of courts in this sub-continent and that of Bangladesh. As the work is qualitative in nature, to collect data, resorts have been taken to different national and international law journals, law books, different international treaties and so on. Therefore, a number of cases have been referred here showing the court’s approach in liberal interpretation of these rights.

VL  - 6
IS  - 4
ER  -

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Author Information

Sazzadul Karim

Department of Law, Noakhali Science and Technology University, Noakhali, Bangladesh

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APA Style

Karim, S. (2023). A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh. International Journal of Law and Society, 6(4), 268-273. https://doi.org/10.11648/j.ijls.20230604.13

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ACS Style

Karim, S. A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh. Int. J. Law Soc. 2023, 6(4), 268-273. doi: 10.11648/j.ijls.20230604.13

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AMA Style

Karim S. A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh. Int J Law Soc. 2023;6(4):268-273. doi: 10.11648/j.ijls.20230604.13

Copy | Download

@article{10.11648/j.ijls.20230604.13,
  author = {Sazzadul Karim},
  title = {A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh},
  journal = {International Journal of Law and Society},
  volume = {6},
  number = {4},
  pages = {268-273},
  doi = {10.11648/j.ijls.20230604.13},
  url = {https://doi.org/10.11648/j.ijls.20230604.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230604.13},
  abstract = {The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or indirect enforcement and progressive realization of these rights. As we are signing parties to many international human right treaties, we have a responsibility to comply with the provisions of the treaties that guide the enforcement or at least obliges states to take all appropriate steps, to the maximum of its available resources, to progressively achieve the full realization of the rights recognized in the treaties. The objectives of this paper are to convey a general idea on Economic, Social and Cultural Rights, a brief description of national and international documents containing these rights and mechanisms for the judicial enforcement of these rights especially the role of courts in this sub-continent and that of Bangladesh. As the work is qualitative in nature, to collect data, resorts have been taken to different national and international law journals, law books, different international treaties and so on. Therefore, a number of cases have been referred here showing the court’s approach in liberal interpretation of these rights.
},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh
AU  - Sazzadul Karim
Y1  - 2023/11/29
PY  - 2023
N1  - https://doi.org/10.11648/j.ijls.20230604.13
DO  - 10.11648/j.ijls.20230604.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 268
EP  - 273
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20230604.13
AB  - The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or indirect enforcement and progressive realization of these rights. As we are signing parties to many international human right treaties, we have a responsibility to comply with the provisions of the treaties that guide the enforcement or at least obliges states to take all appropriate steps, to the maximum of its available resources, to progressively achieve the full realization of the rights recognized in the treaties. The objectives of this paper are to convey a general idea on Economic, Social and Cultural Rights, a brief description of national and international documents containing these rights and mechanisms for the judicial enforcement of these rights especially the role of courts in this sub-continent and that of Bangladesh. As the work is qualitative in nature, to collect data, resorts have been taken to different national and international law journals, law books, different international treaties and so on. Therefore, a number of cases have been referred here showing the court’s approach in liberal interpretation of these rights.

VL  - 6
IS  - 4
ER  -

Copy | Download