Application of Fundamental Rights of Bangladesh Constitution: An Analysis in the Light of International Human Rights Instruments

Abstract

This study examines the degree to which constitutional guarantees in Bangladesh align with global human rights standards, evaluating the judiciary's role in reconciling domestic legislative practices with ratified international treaties. While the Constitution formally enshrines essential civil and political liberties, a persistent gap remains between these legal commitments and their practical realization, often exacerbated by political instability and socioeconomic constraints. This research further critiques the inherent tension between state obligations under the ICCPR and the domestic enforcement mechanisms that frequently struggle to address systemic human rights violations. Furthermore, the analysis addresses the non-justiciability of socio-economic rights categorized under the Fundamental Principles of State Policy, which limits the judiciary’s capacity to mandate compliance with ICESCR standards. Consequently, this study evaluates whether judicial activism can bridge this gap by interpreting these aspirational goals as essential components of enforceable fundamental rights. By examining the jurisprudential shift where courts treat the "Fundamental Principles of State Policy" as interpretive aids rather than mere policy objectives, this research underscores the potential for integrating international norms into the domestic legal hierarchy.