An Analysis of the Concluding Observations of the Human Rights Committee Adopted at Its 119th Session and Its Implications for Protecting Against Gender-Based Discriminations in Bangladesh

Posted: 29 May 2020

See all articles by Shuvra Dey

Shuvra Dey

Friedrich-Alexander-Universität Erlangen-Nürnberg

Shuvoparna Chanda

District and Sessions Judge Court, Tangail

Date Written: February 1, 2019

Abstract

The Human Rights Committee repeatedly expressed concern that in Bangladesh, gender-based discrimination persists both in law and in practice. On that note, this paper scrutinizes the initial report submitted by the Government of Bangladesh (GoB) to the HRC, and the ‘concluding observations’ adopted in response thereto. Based on the findings of the HRC, this paper has made a doctrinal analysis of the legal framework of Bangladesh to ascertain how discriminations take place, especially how women are facing discrimination due to the existing personal laws. The paper is also experimental in identifying the legal status of lesbian, gay, bisexual, and transgender (LGBT) persons of Bangladesh. Lastly, it explains the draft ‘Elimination of Discrimination Act, 2018’ recently submitted by the National Human Rights Commission (NHRC) to the Ministry of Law, Justice and Parliamentary Affairs of the GoB, and concludes that the adoption and implementation of proper anti-discrimination law and policy measures may prevent gender-based discriminations.

Suggested Citation

Dey, Shuvra and Chanda, Shuvoparna, An Analysis of the Concluding Observations of the Human Rights Committee Adopted at Its 119th Session and Its Implications for Protecting Against Gender-Based Discriminations in Bangladesh (February 1, 2019). Available at SSRN: https://ssrn.com/abstract=3590734 or http://dx.doi.org/10.2139/ssrn.3590734

Shuvra Dey (Contact Author)

Friedrich-Alexander-Universität Erlangen-Nürnberg ( email )

Germany

Shuvoparna Chanda

District and Sessions Judge Court, Tangail ( email )

Tangail
Bangladesh

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