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    Rights without Remedies : A Critical appraisal of Economic, Social & Cultural Rights in Bangladesh Constitution.

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    LLB- 230124.pdf (353.9Kb)
    Date
    2023-01-05
    Author
    Salauddin
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    Abstract
    Rights without Remedies: A Critical Appraisal of Economic, Social, and Cultural Rights in the Bangladesh Constitution" is a comprehensive analysis of the economic, social, and cultural rights enshrined in the Constitution of Bangladesh. This critical appraisal examines the extent to which these rights are effectively protected and enforced in practice. Economic, social, and cultural rights encompass a wide range of entitlements, including the right to education, health, housing, food, and a decent standard of living. These rights are essential for the well-being and dignity of individuals and communities, and their recognition in a country's constitution reflects a commitment to ensuring the welfare of its citizens. However, the mere inclusion of these rights in the constitution does not guarantee their realization. The effectiveness of economic, social, and cultural rights depends on the availability of remedies for violations and the mechanisms in place to enforce them. Without adequate remedies, these rights remain theoretical and unenforceable, resulting in a gap between legal entitlements and practical implementation. The critical appraisal likely examines the legal framework surrounding economic, social, and cultural rights in Bangladesh, including relevant constitutional provisions, legislation, and jurisprudence. It may highlight the challenges and barriers to the enforcement of these rights, such as inadequate institutional capacity, resource constraints, and social barriers. Additionally, the appraisal may explore the role of the judiciary, civil society organizations, and other stakeholders in promoting and protecting these rights. Some potential issues that the critical appraisal might address include:Rights without Remedies: A Critical Appraisal of Economic, Social, and Cultural Rights in the Bangladesh Constitution" is a comprehensive analysis of the economic, social, and cultural rights enshrined in the Constitution of Bangladesh. This critical appraisal examines the extent to which these rights are effectively protected and enforced in practice. Economic, social, and cultural rights encompass a wide range of entitlements, including the right to education, health, housing, food, and a decent standard of living. These rights are essential for the well-being and dignity of individuals and communities, and their recognition in a country's constitution reflects a commitment to ensuring the welfare of its citizens. However, the mere inclusion of these rights in the constitution does not guarantee their realization. The effectiveness of economic, social, and cultural rights depends on the availability of remedies for violations and the mechanisms in place to enforce them. Without adequate remedies, these rights remain theoretical and unenforceable, resulting in a gap between legal entitlements and practical implementation. The critical appraisal likely examines the legal framework surrounding economic, social, and cultural rights in Bangladesh, including relevant constitutional provisions, legislation, and jurisprudence. It may highlight the challenges and barriers to the enforcement of these rights, such as inadequate institutional capacity, resource constraints, and social barriers. Additionally, the appraisal may explore the role of the judiciary, civil society organizations, and other stakeholders in promoting and protecting these rights. Some potential issues that the critical appraisal might address include:Rights without Remedies: A Critical Appraisal of Economic, Social, and Cultural Rights in the Bangladesh Constitution" is a comprehensive analysis of the economic, social, and cultural rights enshrined in the Constitution of Bangladesh. This critical appraisal examines the extent to which these rights are effectively protected and enforced in practice. Economic, social, and cultural rights encompass a wide range of entitlements, including the right to education, health, housing, food, and a decent standard of living. These rights are essential for the well-being and dignity of individuals and communities, and their recognition in a country's constitution reflects a commitment to ensuring the welfare of its citizens. However, the mere inclusion of these rights in the constitution does not guarantee their realization. The effectiveness of economic, social, and cultural rights depends on the availability of remedies for violations and the mechanisms in place to enforce them. Without adequate remedies, these rights remain theoretical and unenforceable, resulting in a gap between legal entitlements and practical implementation. The critical appraisal likely examines the legal framework surrounding economic, social, and cultural rights in Bangladesh, including relevant constitutional provisions, legislation, and jurisprudence. It may highlight the challenges and barriers to the enforcement of these rights, such as inadequate institutional capacity, resource constraints, and social barriers. Additionally, the appraisal may explore the role of the judiciary, civil society organizations, and other stakeholders in promoting and protecting these rights. Some potential issues that the critical appraisal might address include:Rights without Remedies: A Critical Appraisal of Economic, Social, and Cultural Rights in the Bangladesh Constitution" is a comprehensive analysis of the economic, social, and cultural rights enshrined in the Constitution of Bangladesh. This critical appraisal examines the extent to which these rights are effectively protected and enforced in practice. Economic, social, and cultural rights encompass a wide range of entitlements, including the right to education, health, housing, food, and a decent standard of living. These rights are essential for the well-being and dignity of individuals and communities, and their recognition in a country's constitution reflects a commitment to ensuring the welfare of its citizens. However, the mere inclusion of these rights in the constitution does not guarantee their realization. The effectiveness of economic, social, and cultural rights depends on the availability of remedies for violations and the mechanisms in place to enforce them. Without adequate remedies, these rights remain theoretical and unenforceable, resulting in a gap between legal entitlements and practical implementation. The critical appraisal likely examines the legal framework surrounding economic, social, and cultural rights in Bangladesh, including relevant constitutional provisions, legislation, and jurisprudence. It may highlight the challenges and barriers to the enforcement of these rights, such as inadequate institutional capacity, resource constraints, and social barriers. Additionally, the appraisal may explore the role of the judiciary, civil society organizations, and other stakeholders in promoting and protecting these rights. Some potential issues that the critical appraisal might address include:Implementation gaps: Are there disparities between the constitutional guarantees and the actual implementation of economic, social, and cultural rights? Are there specific rights or groups that are particularly neglected or marginalized? Access to remedies: Are there effective legal mechanisms available to individuals and communities to seek redress for violations of their economic, social, and cultural rights? Are these remedies accessible, affordable, and timely? Role of institutions: How effective are the government institutions responsible for promoting and protecting these rights? Are there any institutional deficiencies that hinder the realization of these rights? Awareness and capacity: To what extent are the citizens of Bangladesh aware of their economic, social, and cultural rights? Do they have the knowledge and capacity to claim these rights and hold duty-bearers accountable? International obligations: Does the critical appraisal consider Bangladesh's international commitments regarding economic, social, and cultural rights, such as its obligations under international human rights treaties? By critically examining these aspects, the appraisal seeks to provide an assessment of the current state of economic, social, and cultural rights in Bangladesh and offer recommendations for improving their protection and realization. It may contribute to policy discussions, legal reforms, and advocacy efforts aimed at bridging the gap between rights and remedies and ensuring the full enjoyment of economic, social, and cultural rights for all individuals in Bangladesh.
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    http://suspace.su.edu.bd/handle/123456789/2063
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