Enforceability of Economic, Social and Cultural Rights Enshrined in the Constitution of Bangladesh: A Critical Analysis

Abstract

When a State incorporates the Economic, Social and Cultural (ESC) rights in the constitution, it proves that the state is providing opportunities for its people to develop their potential to the maximum level. Constitution of the People’s Republic of Bangladesh is the supreme law of the country that manifests the rules and regulations, by which the State and its citizens shall be governed. The principal object of having social and economic provisions in a constitution is simply to put the state under an obligation to utilize its available resources maximally in order to redress social and economic imbalances and inequalities and thereby creating equal opportunities for all. The principles incorporated in PART II shall be fundamental to the governance of Bangladesh, shall be applied by the state in making of laws, shall be a guide to the interpretation of the constitution and of the other laws of Bangladesh shall form the basis of the work of the State and of its citizens, but shall not be judicially enforceable. The government should also bear in mind that those principles are the political commitments to the people at large and should not be kept unimplemented for a long period of time. None knows when the government will achieve the goal of complete implementation of the fundamental principles. However, if the judiciary’s hands remain tied in protecting human rights, government might not be willing to ensure the fundamental rights, which might go against their own interest and the goal to achieve access to justice and uphold rule of law will remain as dream.