Law & Our Rights

Law & Our Rights

International Law / International Law: A Shield for the Powerful or a Rule for All?

A compelling exchange once took place between Shami Chakrabarti, former president of the UK-based human rights organisation Liberty, and the eminent jurist Lord Thomas Bingham following his lecture on ‘The Rule of Law’.

Constitutional Reform / The principle of proportionality and fundamental rights

Recently, the Constitution Reform Commission (CRC) has made certain reform proposals to be brought to the Constitution. Two main reforms are central to the CRC’s proposal relating to fundamental rights. First, the CRC advocates for the justiciability of socio-economic rights, recognising them as enforceable legal rights subject to “progressive realisation” based on available resources. Judicial oversight would ensure that the state demonstrates reasonable efforts in fulfilling these rights.

Constitutional law / The enforcement of unenforceable constitutional rights

In 1937, Ireland, for the first time, incorporated the Economic, Social and Cultural (ESC) rights in its Constitution as unenforceable directive principles. Countries such as India and Bangladesh followed the same model in their respective Constitutions.

Tortious remedies for the rape survivors

A prominent human rights organisation Ain o Shalish Kendra reported that there was 4,787 incidents of reported rape cases in Bangladesh from January 2020 to September 2024. This implies that nearly one woman was raped in every nine hours in Bangladesh. According to legal experts, even this horrific rape data is quite underrepresented because many cases go unreported as the survivors fear stigma, get discouraged by close ones, or harbour general distrust in the justice system. In these circumstances, in addition to giving punishments to the convict, tort remedies can be a pivotal tool as they focus on the victim and make the convict accountable for rehabilitation of the victim.

6d ago

The principle of proportionality and fundamental rights

Recently, the Constitution Reform Commission (CRC) has made certain reform proposals to be brought to the Constitution. Two main reforms are central to the CRC’s proposal relating to fundamental rights. First, the CRC advocates for the justiciability of socio-economic rights, recognising them as enforceable legal rights subject to “progressive realisation” based on available resources. Judicial oversight would ensure that the state demonstrates reasonable efforts in fulfilling these rights.

6d ago

International Law: A Shield for the Powerful or a Rule for All?

A compelling exchange once took place between Shami Chakrabarti, former president of the UK-based human rights organisation Liberty, and the eminent jurist Lord Thomas Bingham following his lecture on ‘The Rule of Law’.

6d ago

An assessment of the Supreme Court Judges’ Appointment Ordinance 2025

The newly enacted Supreme Court Judges’ Appointment Ordinance 2025 marks a potentially significant move toward a fairer and more transparent judicial appointment process in Bangladesh. This initiative comes at a time when discussions and anxieties surrounding the selection of judges for the higher courts are prevalent. Hence, the details of the Ordinance need to be carefully assessed.

2w ago

Urgency of comprehensive AI regulation in Bangladesh

Artificial Intelligence (AI) is no longer the future— it is the present. From global finance to health, surveillance to academics, and the legal profession, AI systems are  now integrated into many aspects of our everyday life.

2w ago

Legal reforms for workers of the gig economy

The gig economy, notably via platforms such as Uber, Pathao, and Foodpanda, has created new possibilities and constraints in the labour markets across various countries, including Bangladesh.

2w ago

A review of tobacco control laws in Bangladesh

The tobacco epidemic is one of the biggest public health threats the world has ever faced. According to the World Health Organisation (WHO), smoking kills nearly 8 million people yearly, while secondhand smoke causes another 1.3 million deaths annually. Despite this horrific number, it is shocking that our government is not taking this issue more seriously.

3w ago

The enforcement of unenforceable constitutional rights

In 1937, Ireland, for the first time, incorporated the Economic, Social and Cultural (ESC) rights in its Constitution as unenforceable directive principles. Countries such as India and Bangladesh followed the same model in their respective Constitutions.

3w ago

Between blasphemy and sedition Parity of justice for freedom of expression

Although in postmodern values, both ideas of religion and nationality are disregarded as subjective truth, which exist only in the psychological realm; historically, people of this subcontinent demonstrated affinity for the homeland and fostered devotion for their deity at the same time.

3w ago

A case for dedicated commercial courts in Bangladesh

Despite having over 280,000 registered companies, Bangladesh lacks dedicated courts for corporate disputes.

1m ago