Rights without Remedies: A Critical Appraisal of Economic, Social, and Cultural Rights in Bangladesh Constitution

Abstract

This thesis paper titled "Rights without Remedies: A Critical Appraisal of Economic, Social, and Cultural Rights in Bangladesh Constitution" examines the implementation and effectiveness of economic, social, and cultural rights in the Constitution of Bangladesh. The research investigates the historical development of the concept of economic, social, and cultural rights and their relationship with civil and political rights. It analyzes the constitutional recognition of these rights in Bangladesh and explores how they are interpreted and enforced by the judiciary. The study identifies and analyzes the challenges faced in implementing economic, social, and cultural rights in Bangladesh, including socio-economic factors, institutional and legal barriers, lack of awareness and capacity, and issues related to accountability and remedial mechanisms. It conducts an in-depth analysis of specific rights such as the right to education, health, work, housing, food, water, and cultural participation, along with the available remedial measures for each. Case studies are presented to examine the impact of economic, social, and cultural rights in Bangladesh, focusing on access to education and its influence on poverty alleviation, healthcare delivery and public health outcomes, workers' rights and labor exploitation, and housing rights and urban development. Through critical appraisal, the research assesses the effectiveness of remedial mechanisms and identifies gaps and challenges that hinder the full realization of economic, social, and cultural rights. The paper concludes by providing policy and legal recommendations to strengthen economic, social, and cultural rights in Bangladesh, aiming to address the identified obstacles and enhance their implementation and enforcement. This thesis offers a comprehensive analysis of economic, social, and cultural rights in the Constitution of Bangladesh, examining their historical development, implementation challenges, and specific rights. The findings contribute to a deeper understanding of the existing gaps in the current framework and propose recommendations to improve the realization of these rights. The research emphasizes the significance of addressing economic, social, and cultural rights alongside civil and political rights for the achievement of a just and inclusive society. Further study in this field is encouraged to explore additional aspects and implications of economic, social, and cultural rights.