A Strategy for Making Future Bangladeshi Domestic Courts Follow International Human Rights Law Adherence
Author: Md. Humaun Kabir, A.K.M Sohel Habib Nowroz, Md. Rakib Chowdhury*, Mirza Md. Abu Raihan, Md. Mahbub Islam
Apprentice Lawyer, Joypurhat District Bar Association, Bangladesh.
Published Date: 2024-11-21
Keywords: Customary International Law, Human Rights, Legal System, Bangladesh, International Human Rights Law (IHRL), Judicial Reception, International Treaties, Dualist Legal Systems, Constitutional Law.
Abstract:
Adoption of customary international law has been increasing in recent years, paralleling the incorporation of human rights concepts into the legal systems of various states. These changes have happened at the same time. Because of this, the legal systems all around the world have undergone substantial modifications. The right to exist, the right to freedom, and the prohibition of torture are fundamental elements of international human rights law that have been recognized by legal systems in Bangladesh and other countries, even though the "universality" of these rights is still debatable. International human rights treaties may be seen by national courts as more "inspiring" or "persuasive" than strictly compulsory in nations with dualist legal systems, like Bangladesh. Case by case, international law is becoming an increasingly important factor in judicial decisions. Examining this trend in the context of Bangladesh, this study assesses the current state of judicial reception of international human rights legislation (IHRL) in case law. It delves into the views that have impacted the domestic application of international law, the role of international law under Bangladesh's constitution, and the conservative and progressive judicial viewpoints on the matter. The goal of this project is to look at how international human rights standards have evolved and how they affect Bangladeshi law.
