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Compare and contrast the domestic implementation mechanism of Human rights between Bangladesh and USA
1. Introduction:
Human rights are based on the principle of respect for the individual. Their fundamental assumption is that each person is a moral and rational being who deserves to be treated with dignity. They are called human rights because they are universal. Whereas nations or specialized groups enjoy specific rights that apply only to them, human rights are the rights to which everyone is entitled—no matter who they are or where they live simply because they are alive.
Yet many people, when asked to name their rights, will list only freedom of speech and belief and perhaps one or two others. There is no question these are important rights, but the full scope of human rights is very broad. They mean choice and opportunity. They mean the freedom to obtain a job, adopt a career, select a partner of one’s choice and raise children. They include the right to travel widely and the right to work gainfully without harassment, abuse and threat of arbitrary dismissal. They even embrace the right to leisure.
2. Human Rightsmechanism, Bangladesh stands on:
The human rights condition determined by the social and political values and also with the economic condition. Most of the people of Bangladesh lead their life below the poverty line. The human rights of Bangladesh are separate from the western values. The condition of human rights of Bangladesh mainly detected by the condition of women child minorities and the role of security forces. International community mainly focuses on the role of security forces and severe violation of human rights. The constitution of Bangladesh provides enough space for rights of every individual human being. Traditional and religious values are on the focus on any discussion of human rights of Bangladesh. If anyone try to evaluate the human right situation in Bangladesh he must acknowledge the traditional social and religious value of Bangladesh.
In Bangladesh, levels of violence declined significantly and the caretaker government oversaw successful elections, but the government’s human rights record remained a matter of serious concern. The state of emergency, which the government imposed in January 2007 and lifted on December 17, curtailed many fundamental rights, including freedom of expression, freedom of association, and the right to post bail. The government’s anticorruption drive was greeted by popular support but gave rise to concerns about fairness and equality under the law. Although the number of extrajudicial killings decreased, security forces committed serious abuses, including extrajudicial killings, custodial deaths, arbitrary arrest and detention, and harassment of journalists. Some members of security forces acted with impunity and committed acts of torture, and the government failed to investigate fully extrajudicial.
3.0) Human rights mechanism, USA standson:
Human rights in the United States are legally protected by the Constitution of the United States, including the amendments, state constitutions, conferred by treaty, and enacted legislatively through Congress, state legislatures, and state referenda and citizen’s initiatives. Federal courts in the United States have jurisdiction over international human rights laws as a federal question, arising under international law, which is part of the law of the United States.
USA is one of the most powerful country of the world for that reason they are intercept in lots of issue in world for that reason they have two different structure for the Human rights
3.1) Domestic legal protection structure
The Essential Reference, “The American Declaration of Independence was the first civic document that met a modern definition of human rights. The Constitution recognizes a number of inalienable human rights, including freedom of speech, assembly, freedom, the right to keep and bear arms, freedom from cruel and unusual punishment, and the right to a fair trial by jury.<href=”#cite_note-19″>
Constitutional amendments have been enacted as the needs of the society evolved. The Ninth Amendment and Fourteenth Amendment recognize that not all human rights have yet been enumerated. The Civil Rights Act and the Americans with Disabilities Act are examples of human rights that were enumerated by Congress well after the Constitution’s writing. The scope of the legal protections of human rights afforded by the US government is defined by case law, particularly by the precedent of the supreme court of the United States.
Within the federal government, the debate about what may or may not be an emerging human right is held in two forums: the United States Congress, which may enumerate these; and the Supreme Court, which may articulate rights that the law does not spell out. Additionally, individual states, through court action or legislation, have often protected human rights not recognized at federal level. For example, Massachusetts was the first of several states to recognize same sex marriage.
3.2) Human rights for international community:
The protection of fundamental human rights was a foundation stone in the establishment of the United States over 200 years ago. Since then, a central goal of U.S. foreign policy has been the promotion of respect for human rights, as embodied in the The United States understands that the existence of human rights helps secure the peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises
4. Human rights between Bangladesh and USA:
Bangladesh and USA are totally two different countries in the world. USA is the top most power full country in the world; with a very strong economic condition as a result they can easily full fill all basic need of their citizen. In their own country USA want to confirm the highest human rights of the citizen. For their strong economy in every country they have Embassy and their entire embassy always ready to support their citizen in foreign. Not only that in their judicial system they give highest priority for their citizen human rights. But they are not as friendly to the other country citizen specially for the Muslim countries citizen they are not friendly at all. They are used to dominate them.
Other side Bangladesh is one of the developing countries, as a developing country Bangladesh is facing lots of problems. Bangladesh has huge population rather than her area. Although it is very tough for Bangladesh government to full fill the basis need of the citizen. In Bangladesh every year lots of people died for failed to full fill their need. Between this entire Bangladesh try to conform a minimum Human rights for their citizen.The Human rights condition of Bangladesh mainly focused by the international community. The mainly focused on extra judicial killings,torture against women minorities repression. But there not focused on the traditional religious values. So to improve the human rights condition of Bangladesh, the religion must plays a vital role which ensured by the government. International community mainly focuses on the role of security forces and severe violation of human rights. The constitution of Bangladesh provides enough space for rights of every individual human being. Traditional and religious values are on the focus on any discussion of human rights of Bangladesh.
5. Human rights in USA now:
The United States has played a special role in the political development and spread of human rights ideas and practices. The Declaration of Independence, by which the American colonies severed their allegiance to the British Crown in 1776, proclaims the self-evident truth that all men are created equal and endowed with inalienable rights to life, liberty, and the pursuit of happiness. No less important, it asserts the right of a people to dissolve political bonds that have come to be oppressive. And in the political system established under the U.S. Constitution and its Bill of Rights, the world witnessed the first practical experiment in a government committed to being judged by the extent to which it respected and protected the rights of its citizens. Rights, thus, are often seen by Americans as a defining feature of their national heritage.
American international human rights policies and practices reveal a similar ambivalence. For example,Central America and the Caribbean were viewed as “our backyard,” in which American troops were sent to overthrow governments the United States judged unacceptable. And during the Cold War, brutal military dictatorships were called free and democratic, and were given American financial and military support, so long as they supported U.S. economic and geopolitical interests.
But the United States also has a long record of positive international action on behalf of human rights, as, for example, during the French Revolution and when the countries of Central and South America threw off Spanish colonial rule in the 19th century. Furthermore, throughout the 20th century, the United States has acted internationally to strengthen this reputation.
Although questions from the committee during review of the reports are often well informed and probing, the representative of the reporting state need not answer any question, let alone provide a satisfactory answer. Many reports contain little more than extracts from laws and the constitution, or obviously evasive claims of compliance. And whatever the quality of the report, once it has been reviewed, the monitoring process typically ends until the next report is due.
Reporting schemes obviously cannot force recalcitrant states to alter their practices. They can, however, provide additional incentives for states seeking to improve or safeguard their human rights record. Preparing a report requires a national review of law and practice, which may uncover areas where improvement may be needed or possible. It also provides a concrete periodic reminder to officials of their international legal obligations
6. Human rights in Bangladesh:
Like most developing countries, Bangladesh too has its share of human rights issues and problems. While fundamental freedoms are enshrined in the constitution regardless of race, gender and religion, there are many instances where the rights are often ignored and at worst trampled.
There is a singular lack of tolerance in the political system where the major opposition parties are often at violent loggerheads. While Bangladesh is a parliamentary democracy with reasonably free and fair elections, opposition to government policies is often displayed through violent demonstrations and enforced strikes (hartals). This is irrespective of which party is in power. In recent years the major opposition parties have boycotted parliamentary sessions.
The party in power usually takes advantage of state resources to suppress opposition activities. Opposition to ruling government policies are often portrayed as anti-state treasonable activities and the state police machinery is used to make politically motivated arrests and repression of opposition members.
The police in Bangladesh is also known is corrupt – partially as a consequence of being misused as party functionaries by the ruling government. Police related human-rights abuses are plentiful – unlawful detention, excessive use of force, torture, deaths in custody stories abound in the media.
Repression against women is still widespread. For the most part, women remain in a subordinate position in society. Women often are ignorant of their rights because of continued high illiteracy rates and unequal educational opportunities, and strong social stigmas and lack of economic means to obtain legal assistance frequently keep women from seeking redress in the courts. More recently, employment opportunities have improved for women with the growth of the garments industry and through NGOs whose policies and activities help empower women.
Bangladesh is relatively more stable in terms of communal harmony than some neighboring states. However, religious minorities are often preyed upon by thugs and extortionists with sometimes very little active opposition from the government agencies. Religious minorities are disadvantaged in practice in such areas as access to government jobs and political office. Selection boards in the government services often lack minority group representation.
Bangladesh has a very tiny majority of indigenous people. They have had a marginal ability to influence decisions concerning the use of their lands and are facing increased pressure from migrant majority Bengalis in their original land.
7. Conclusion:
All societies possess notions of justice, fairness, dignity, and respect. Human rights, however, are but one path to implement a particular conception of social justice. In fact, the idea of human rights — the notion that all human beings, simply because they are human, have certain inalienable rights that they may exercise against society and their rulers — was foreign to all major pre-modern Western and non-Western societies
1. Beccaria, Cesare. On Crimes and Punishments and Other Writings, edited by Richard Bellamy. New York, New York: Cambridge University Press, 1995 (excerpt in Laqueur, The Human Rights Reader).
2. Brownlie, Ian, editor. Basic Documents on Human Rights, third edition. New York, New York: Oxford University Press, 1992.
3. . Claude, Richard P. and Burns H. Weston, editors. Human Rights in the World Community: Issues and Actions, second edition. Philadelphia, Pennsylvania: University of Pennsylvania Press, 1992.
4. Donnelly, Jack. International Human Rights. Boulder, Colorado: Westview Press, 1993.
5. Locke, John. The Second Treatise of Civil Government. Amherst, New York: Prometheus Books, 1986 (excerpt in Ravitch, Democracy Reader, and in Laqueur, The Human Rights Reader).
6. United States, Department of State. Country Reports on Human Rights Practices. Washington, D.C.: U.S. Department of State, issued annually.
7. See list of demands by the Bangladesh Dalit and Excluded Women’s Federation, Summary Report on DalitWomen’s Rights Conference 2012
8. The Bangladesh Dalit and Excluded Rights Movement is a national advocacy platform consisting of both Dalit and other excluded communities across Bangladesh. See http://www.nuhr.org/BDERM/Default.aspx
9. The human rights situation of Dalits in Bangladesh” related to the 4th UPR session, February 2009, prepared by BDERM
10. Thoreau, Henry David. Civil Disobedience and Other Essays. New York, New York: Dover Publications, 1993 (excerpt in Ravitch, Democracy Reader).
American Declaration of the Rights and Duties of Man (2 May 1948) OAS Res XXX OAS Doc. OEA/Ser. L/V/I. 4 Rev.XX.
Inter-American Court of Human Rights, Habeas Corpus in Emergency Situations Advisory Opinion 8 (30 January 1987).
Rules of Procedure of the Inter-American Court of Human Rights (25 November 2000
UPR Bangladesh, submitted to UPR-Info by BDERM, NU IDSN(2011):http://idsn.org/fileadmin/user_folder/pdf/New_files/UN/UPR/UPRInfo
Human rights defender of Odhikar, 28/06/2010
Mid-term assessment report, UPR Bangladesh, submitted to UPR-Info by BDERM, NU and IDSN (2011):