Assignment on UN Charter, UDHR and Constitution of Bangladesh

Course Name: Human Rights and Law Enforcement (CPS-404)

Submitted To
Md Shakhawat Hossain
Chair & Assistant Professor
Department of Criminology and Police Science
University of Chittagong

Submitted By
Group-2
Date of Submission: 12.05.2024
SL No Id Name

1 20409001 Md Tousif

2 20409007 Robiul Alam Sifat

3 20409010 Abdullah AL Numan

4 20409020 Rakibul Islam

5 20409032 Ziabul Hoque

6 20409037 Dorjoy Shill

 Outline of the Presentation

Contents Page

Introduction 1

The UN Charter 1-2

The Universal Declaration of Human Rights 2-7

The Constitution of Bangladesh 7-11

Human Rights in Bangladesh Constitution 11-13

Limitations of Bangladesh Constitution 13-14

Conclusion 14
 1

Introduction

The assignment discusses about UN Charter, the Universal Declaration of Human

Rights and the Constitution of Bangladesh. Moreover, it puts priority over Human
Rights in the Constitution of Bangladesh. Furthermore, the assignment delves into
the principles and purposes of the UN Charter, the historical background of the
concept of the Universal Declaration of Human Rights, and all 30 articles of it.

The UN Charter

The United Nations Charter is the organization's foundational text. It was signed in
San Francisco on June 26, 1945, following the United Nations Conference on
International Organization, and it became operative on October 24, 1945.
Because of its distinct international nature and the authority granted by its Charter,
which is regarded as an international agreement, the United Nations can act on a
broad range of topics. Because of this, the UN Charter is a tool of international law,
and all UN members are required to abide by it. The UN Charter enshrines the
fundamental tenets of international relations, ranging from the sovereign equality
of nations to the proscription of force in such dealings.
The goals and tenets outlined in the UN's founding Charter, which was modified
three times in 1963, 1965, and 1973, have served as the foundation for the
organization's mission and activities since its inception in 1945.
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The primary court of the United Nations, the International Court of Justice,
operates under the International Court of Justice Statute, which is an essential
component of the UN Charter and is appended to it.

The Purpose and Principles of the UN Charter

Article 1 of the UN Charter states the four purposes of the organization. The
upkeep of global peace and security is the first and major goal of the UN Charter.
The organization will conduct effective collective action to prevent and eliminate
threats to peace, repress acts of aggression, and offer procedures for the peaceful
settlement of disputes in accordance with international law and justice principles in
order to fulfill this goal. Additional goals include fostering amicable relations
based on equality, achieving global cooperation in the nondiscriminatory resolution
of economic, social, cultural, and humanitarian issues, and offering a global forum
for coordinating national actions.

The Universal Declaration of Human Rights

Human rights are ethical precepts or standards that delineate particular
expectations for human conduct and are consistently safeguarded as legal rights
under both domestic and international law. Human rights are inherent to every
person born on this planet and should be legally safeguarded. The United Nations
lists 30 fundamental human rights that are acknowledged globally. What, then, are
the thirty human rights listed in the United Nations Universal Declaration of
Human Rights? The United Nations has proclaimed fundamental human rights that
are acknowledged globally in the Universal Declaration of Human Rights. These
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statements were made during the United Nations General Assembly meeting on
December 10, 1948, in the Palais de Chaillot in Paris, France. 48 of the 58 UN
members present cast votes in favour, none voted against, 8 abstained, and 2 did
not cast a ballot. Thirty articles in this proclamation uphold people's rights. These
thirty articles, which are presently referred to as the thirty Universal Declaration of
Human Rights or the thirty basic human rights, include, among other things, the
rights to life, education, organization, and fair treatment. The freedoms of opinion,
expression, thought, and religion are also protected under the thirty universal
human rights.

Here are some points regarding the Universal Declaration of Human Rights.

The Universal Declaration of Human Rights is meant for every individual in every
nation.

 The Universal Declaration of Human Rights is meant for every individual in

every nation.
 The Declaration states that “…recognition of the inherent dignity and the
equal and inalienable rights…” of all people “is the foundation of freedom,
justice and peace in the world.”

History of The Universal Declaration of Human Rights

Since its adoption seventy years ago, the Universal Declaration of Human Rights
has gained even more significance. Translated into hundreds of languages, the
Declaration is the most well-known human rights declaration in the world. It was
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the brainchild of a group of visionaries who worked at the UN's recently formed
Commission on Human Rights and came from a variety of professional, cultural,
and religious backgrounds. UN overarching goals include 'promoting and
encouraging respect for human rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion; however, the UN Charter, signed
on June 26, 1945, did not go into detail about what human rights are. After the
Charter came into effect, it was decided to create an international bill of rights
instead. But when hostilities between the two main geopolitical blocs grew more
intense—the Cold War was starting to heat up—it was decided to develop a non-
binding agreement that would eventually be accompanied by a legally enforceable
covenant. The 58 UN member states' representatives in the UN General Assembly
engaged in a fierce debate and close examination of the draft document put forth
by the Commission on Human Rights. The Declaration was approved by the
General Assembly on December 10, 1948. Eight governments abstained, including
Saudi Arabia and South Africa, along with the six Soviet Bloc states that were then
represented in the UN, even though no state voted against it. The Declaration
became the first international human rights agreement that established a
benchmark that all countries had to meet.

The Significance of the Declaration

The fundamental idea of the Declaration is the acknowledgement of every person's

inherent dignity as well as their equal and unalienable rights. It was motivated by
the conviction that respect for human rights was the only path to enduring peace
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and that the atrocities of World War I and World War II were founded in contempt
for these rights. The Declaration laid the groundwork for a new international order
in which governments would be held responsible for the treatment of their citizens
by establishing the intrinsic nature of individual rights as opposed to the state's
discretionary power. The Declaration rested on a "common understanding" of
human rights rather than being tied to any particular religion or school of thought.
It encompasses political and civic rights like freedom of expression, privacy, life,
and liberty. Economic, social, and cultural rights are also included, such as the
rights to healthcare, education, and social security. The Declaration supports civil
and political rights and makes a significant contribution to their acknowledgment
by upholding social and economic rights as being equally vital. Social and
economic rights were, at the time of their adoption, only slowly making their way
into liberal democracies' legal systems (they were, for instance, enshrined in the
preamble of the French 1946 Constitution). Although the Declaration is not legally
enforceable, a number of international human rights accords have progressively
codified its rights. Not all states have accepted these conventions, though, and
when they have, their application is still lacking. The Declaration continues to be a
crucial source of information for everyone whose human rights are not fully
acknowledged and safeguarded. It is believed that some of the rights contained in
the Declaration are generally binding since they constitute customary international
law. One such viewpoint is held by the UN General Assembly, which believes that
all UN members must advance and defend the fundamental freedoms and human
rights outlined in the Declaration among additional global tools. The Declaration,
together with other human rights treaties, forms the basis of the Universal Periodic
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Review of the UN Human Rights Council, therefore verifying its universal

framework status. Numerous national constitutions around the world—at least
ninety, according to one source—have drawn inspiration from the Declaration.
Many currently enacted national constitutions, including those of Portugal,
Romania, and Spain, include explicit reference to it.

Articles of the Universal Declaration of Human Rights

Article 1, Right to Equality

Article 2, Freedom from discrimination

Article 3, Right to life, liberty and personal security

Article 4, Freedom from slavery

Article 5, Freedom from torture and degrading treatment

Article 6, Right to recognition as a person before the law

Article 7, Right to equality before the law

Article 8, Right to remedy by capable judges

Article 9, Freedom from arbitrary arrest and exile

Article 10, Right to Fair Public Hearing

Article 11, Right to be considered innocent until proven guilty

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Article 12, Freedom from interference with privacy, family, home and
correspondence

Article 13, Right to free movement

Article 14, Right to protection in another country

Article 15, Right to a nationality and the freedom to change it

Article 16, Right to marriage and family

Article 17, Right to Own Property

Article 18, Freedom of thought, conscience and religion

Article 19, Freedom of opinion and information

Article 20, Right to peaceful assembly and association

Article 21, Right to participate in government and elections

Article 22, Right to Social Security

Article 23, Right to desirable work and to join trade unions

Article 24, Right to rest and leisure

Article 25, Right to Adequate Living Standard

Article 26, Right to Education

Article 27, Right to participate in the cultural life of the community

Article 28, Right to a social order

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Article 29, Responsibilities to the Community

Article 30, Freedom from interference in these human rights

The Constitution of Bangladesh

On 04 November ,1972 the Constitution of Bangladesh was formally adopted by

the national assembly. On 16 December 1972 the constitution came into force. The
Constitution has 153 Articles arranged under eleven parts and 4 schedules.
The current Bangladeshi constitution consists of 11 sections, 153 articles, a
preamble, and seven schedules. It has resulted in seventeen amendments to
Bangladesh's constitution as of right now.

First Part: The Republic

Second Part: Fundamental Principles of State Policy
Third Part: Fundamental Rights of the citizen
Fourth Part: The Executive, Prime Minister and Cabinet
Fifth Part: The legislature and financial Procedure
Sixth Part: Judiciary
Seventh Part: Elections
Eight Part: Comptroller and Auditor General
Ninth Part: Services of Bangladesh
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Ninth Part-A: Emergency Provisions

Tenth Part: Amendment of the Constitution
Eleventh Part: Miscellaneous

Features of Bangladesh Constitution

Rigid Constitution: Bangladesh's Constitution is a strict document. Only the votes

of two-thirds of the parliament's total members are needed to enact an amendment.
Written Constitution: The People's Republic of Bangladesh's Constitution is a
written instrument.
Preamble: The constitution of Bangladesh starts with a preamble which is
described as the guiding star of the Constitution.

Supremacy of the Constitution: The Constitution Supremacy has been ensured in

the Constitution of Bangladesh by Article 7.
Unitary Government System: As stated in Article 1 of the Constitution, Bangladesh
is a people's republic with unity.
Unicameral Legislature: Bangladesh is provided with a unicameral legislature by
Article 65 of the Constitution. There is just one house, referred to as the "House of
the Nation."
Fundamental Principle of State Policy: The Constitution's Article 8 lays out four
main guiding principles for state affairs.

a) Nationalism
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b) Democracy

c) Socialism

d) Secularism

Fundamental Rights: The Constitution's third part lists eighteen basic rights. The
Constitution guarantees the exercise and protection of those rights.

Parliamentary form of Government: Bangladesh's Constitution calls for a

Westminster-style parliamentary system. With this type of administration, the
prime minister leads a cabinet of ministers that controls the government.
Independence of Judiciary: Article 22 of the 1972 Constitution guaranteed the
judiciary's independence.
Provisions for Ombudsman: Article now contains provisions for the creation of an
Ombudsman (77). To give the tools necessary to monitor civil bureaucracy's
operations and end administrative corruption

Responsible Govt. not ensured: Article 55(3) stipulates that the cabinet will answer
to the parliament collectively; but, because of the barrier established by Article 70
of the Constitution, this accountability cannot be guaranteed in reality.

Fundamental Principles of Bangladesh Constitution

The tenets that serve as a foundation for many policies are known as fundamental
principles of state policy. Article 8 contains a statement of the guiding principles.
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Nationalism: A nation derived from the culture, values, and combat of the
independence war (Article 9)

Socialism and Freedom Extortion: These have come to be seen as essential tenets
of state policy in order to prevent wealth extortion and economic imbalance.
(Article-10)

Democracy and Human Rights: In Bangladesh, ensuring human rights and public
involvement has been included into official policy as a fundamental value.
(Article- 11)

Secularism and Freedom of Religion: The Constitution guarantees religious liberty

and forbids using religion for political gain. (Article-12)
Human Rights in Bangladesh Constitution
Human rights are considered basic rights and freedoms to which a person is
entitled because he or she is a human being.

Article 11 of the Constitution of the Republic of Bangladesh says that,

“The Republic shall be a democracy in which fundamental human rights and

freedoms and respect for the dignity and worth of the human person shall be
guaranteed in which effective participation by the people through their elected
representatives in administration at all level shall be ensured”

Human rights in Bangladesh are included as fundamental rights in part iii of the
Constitution of Bangladesh.

The Constitution of Bangladesh like many other countries uses the technical term
“fundamental rights’’ to define a set of ‘human rights’ guaranteed in our
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constitution. There are a total of 18 rights that lie within articles 26 to 47. All of
them are protected by the Constitution of Bangladesh.

The Fundamental Rights listed in the Bangladesh Constitution may be classified

into the following groups:

Absolute Rights:

1. Equality before law (Article 27)

2. Discrimination on grounds of religion (Article 28)
3. Equity of opportunity in public employment (Article 29)
4. Prohibition of foreign titles (Article 30)
5. Safeguards as to arrest and detention (Article 33)
6. Prohibition of forced labor (Article 34)
7. Protection in respect of trial and punishment (Article 35)
8. Enforcement of Fundamental Rights (Article 44)

B. Rights on which reasonable restriction can be imposed:

1. Freedom of movement (Article 36)

2. Freedom of Assembly (Article 37)
3. Freedom of Association (Article 38)
4. Freedom of Thought and conscience and of Speech (Article 39)
5. Freedom of Religion (Article 41)
6. Protection of home and correspondence (Article 43)

C. Fundamental Rights which has been practically left to the legislature:

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1. Right to protection of Law (Article 31)
2. Protection of the right to life and personal liberty (Article 32)

3. Right to lawful profession, occupation or business (Article 40)

4. Protection of Property Rights (Article 42)

After the horrific experience of World War II, the United Nations came into force
and the Universal Declaration of Human Rights was adopted. Besides, two
documents came to the fore including the International Covenant on Civil and
Political Rights (ICCPR) and the International Covenant on Economic, Social, and
Cultural Rights (ICESCR) under the UN in 1966.

Bangladesh adopted its constitution in 1972. It entails the recognition of the two
sets of rights including fundamental principles of state policy (FPSP) in part iii,
Articles 8-25 and judicially enforceable fundamental rights in part iii, Articles 26-
47 of the constitution.

Alongside the Constitutional framework, there are institutional mechanisms such

as the National Human Rights Commission of Bangladesh, the Bangladesh Law
Commission, the Anti-Corruption Commission, and the Information Commission,
which also operate to ensure that the human rights of the citizens are protected.

Limitations of Bangladesh Constitution

1. Article 70: One of the most divisive articles is that a parliamentarian will be
expelled for voting against his party. Article 55 and this article are at odds.
2. The President and the Prime Minister do not share authority. Constitutionally,
the Prime Minister has too much power because of this.
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3. The Constitution contains several sections that contradict one another,
including Articles 08, 27, 29, 55, and 70.

4. The fundamental ideals and goals of democracy are slowed down when our
constitution becomes more politicized.
5. Misunderstandings are caused by the government's improper and partial
practices.

Conclusion
The assignment attempts to explain the UN Charter, the Universal Declaration of
Human Rights, its historical outline, the constitution of Bangladesh and the state of
human rights in Bangladesh Constitution.
Reference

1. https://www.un.org/en/about-us/un-charter
2. https://treaties.un.org/doc/publication/ctc/uncharter.pdf
3. https://www.ohchr.org/en/UDHR/Documents/UDHR_Translations/eng.p
df
4. https://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf
5. Halim, M. A. (2003). Constitution, Constitutional Law and Politics:
Bangladesh Perspectives, Rico Printers, Dhaka.
6. Amin, M. R, (2010). Bangladesh Revised -A Comprehensive Study of an
Asian Nation, OSDER Publications; Dhaka.
7. Banglapeadia, National Encyclopedia of Bangladesh. (2003). Asiatic
Society of Bangladesh, Dhaka.