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Easy emphasizes on the domestic implementation mechanism of human rights in two country Bangladesh and USA.
Abstract
The easy emphasizes on the domestic implementation mechanism of human rights in two countries like Bangladesh and USA. Unlike the other international regimes, human rights are rarely enforced through interstate action even though government challenges each other. Rather it is individual citizens who are empowered to bring suit to challenge the international behavior of the government. USA is one of the developed nations in the world with strong law and order environment on the other hand Bangladesh is a developing country where law and order is weaker than the US. The countries are very different economically, socially and in other perspectives. So it’s a challenge to distinguish the domestic human rights of the two countries.
Introduction
Human rights are “commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being. Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in local, regional, national, and international law. The idea of human rights states, “If the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights.” International human rights mechanisms are treaties and other international documents relevant to international human rights law and the protection of human rights in general.
Likeevery country there are human rights mechanisms to protect the civilian of Bangladesh and USA. Though there are some similarities but there are some differences in these mechanisms. Therefore the people of these two countries enjoy some rights that protect themselves from uncertainty of lives. The mechanisms of human rights are strictly implemented in USA compared to Bangladesh.
Human rights mechanisms
International human rights mechanisms are truces and other international documents relevant to international human rights law and the defense of human rights in general. Most conventions establish mechanisms to oversee their implementation. In some cases these mechanisms have relatively little power, and are often ignored by member states; in other cases these mechanisms have great political and legal authority, and their decisions are almost always implemented. Mechanisms also vary as to the degree of individual access to them. This is part of the evolution of international law over the last several decades. It has moved from a body of laws governing states to recognizing the importance of individuals and their rights within the international legal framework.
| Comparing and contrasting domestic implementation mechanisms of human rights between Bangladesh and USA |
Whenever the implementation mechanisms of human rights between Bangladesh and USA were compared, substantial differences were found. They are described below:
| Domestic Implementation mechanisms of human rights in Bangladesh |
Women’s rights
The United Nations nation team in Bangladesh has recognized “marital instability” as a main cause of scarcity and “ultra and extreme” scarcity among female-headed families. The Bangladesh Planning Commission has said that women are more vulnerable to becoming poor after losing a male grossing family affiliate due to rejection or divorce.1 Females in Bangladesh are particularlydisposed toa form of local violence known as acid throwing, in which intense acid is thrown onto an individual (usually at the face) with the aims of thrilling disfiguration and communalseparation.
In 2010, a rule against local violence was announced, which defines causing “economic loss” as an act of local violence and identifies the right to live in the matrimonialhousehold. The rule also authorizesjudges to offer for transitory maintenance to survivors of domestic violence. In 2012, the Law Commission of Bangladesh, maintained by the Ministry of Law, Justice and Parliamentary Affairs, accomplishedcountrywide research into reforms for Muslim, Hindu, and Christian personal laws.
1. See ‘Implementation at the national level’ available at http://www.humanrights.is/the-humanrightsproject/humanrightscasesandmaterials/humanrightsconceptsideasandfora/theconceptsofhumanrightsanintroduction/implementation/ accessed on 15th June 13.
The Ministry of Law, Justice and Parliamentary Affairs is also bearing in mindrestructurings to civil court events—especially on issuance of summons—that will improve family court efficiency
Freedom of religion
Although initially Bangladesh elected for anearthlyseparatist ideology as personified in its Constitution, the belief of secularism was subsequently substituted by a promise to the Islamic way of life through a sequence of legitimateadjustments and government declarations between 1977 and 1988.2 The Constitution launches Islam as the nationalbelief but delivers for the right to practice—subject to law, public instruction, and ethics—the religion of one’s choice. The Government generally compliments this provision in exercise.
Torture
R&B and other record agencies have been blamed of exhausting distress during supervision and interrogation.
One accusation of such arose from a young man who was under arrest in Dhaka for complaining against the attack of an old man by plainclothes RAB agents. He was later cruelly tortured. On July 27, 2005, two brothers from Rajshahi, AzizurRahman Noodle and
AtiquerRahman Jewel, were under arrest for eating a pony’s brain, beaten with batons and subjected to electric shocks. The brothers were tortured to such andegree that they were hospitalized at the Rajshahi Medical College Hospital under police custody.
2.Reporters sans frontières – Bangladesh – Annual report 2005
Extrajudicial killings
After general elections in 2001 to the JatiyoSangshad(Bangladesh’s Parliament), the right-wing Bangladesh Nationalist Party gained a majority, mostly on the basis of their rule and order and statesafety policies within Bangladesh. In 2003, the administrationformed the Rapid Action Battalion, an elite ‘anti-crime’ division composed of armed workforces from some of the existing security branches. Since the RAB was set up, it has been continuallysuspected that extrajudicial killings and instances of custodial torture have rushed.
The government’s broadmindedness towards human rights misuses is not a new sensation. Operation Clean Heart was an anti-crime action that ran countrywide from October 2002 to January 2003.3 It led to the passing of around sixty people, the disfigurement of around three thousand persons, and the seizure of more than forty-five thousand. On the day that Operation Clean Heart officially finished, an order was sanctioned that verboten law-suits or trials for human rights destructions during that period, giving the equipped forces and police impunity from being impeached for their actions.
Persecution of minority communities
Although Bangladesh is a party to the International Covenant on Civil and Political Rights, a covenant planned to confirm freedom of religion and of expression, it
3. See “Constitution of the People’s Republic of Bangladesh”. bdlaws.minlaw.gov.bd. Retrieved 2011-04-27accessed on 15th June 13
Outbreaks on the households and places of adoration of Ahmadiyya are still prevailing, but the administration has preferred neither to accuse those responsible, nor do disciplinelaws officers who failed to sheltersufferers. Other religious subgroups have come under spasm, with abductions, desecration of religious sites, andforced conversions obstinatelyconveyed. There have been numerous reports of Hindus having been ejected from their belongings, and of Hindu daughters being raped, but the police have rejected to inspect to this point. Because of religious persecution, several hundred thousand Buddhists, Hindus had to leave their homes.
| Domestic Implementation mechanisms of human rights in USA |
Freedom of religion
The founding clause of the first alteration forbids the establishment of a national religion by Congress or the preference of one religion over another. The clause was used to permit school imploringinauguration with Engel v. Vitale, which ruled government-led prayer unlawful. Wallace v. Jaffree forbidden moments of calmapportioned for praying. The Supreme Court also governed clergy-led prayer at public high school graduations illegal with Lee v. Weisman.
Disability
The United States was the first nation in the domain to accept sweeping antidiscrimination regulation for people with disabilities, the Americans with Disabilities Act of 1990 (ADA). The ADA replicated a theatrical shift toward the employment of persons with disabilities to improve the labor force involvement of qualified persons with infirmities and in sinking their requirement on government prerogativeplatforms. The ADA recompenses the CRA and certificatesaccusers to recover punitivecosts. The ADA has been involved in the progression of infirmityrefinement law in many countries, and has had such anmassive impact on foreign law progress that its international influence may be even superiorto its nationaleffect.
Labor right
Labor rights in the United States have been related to elementary constitutional rights. Comporting with the notion of generating an economy based upon highly skilled and high wage labor employed in a capital-intensive energetic growth economy, the United States ratified laws authorizing the right to a safe workstation, Workers recompense, Joblessness insurance, collective bargaining rights, Community Safety, along with laws elimination child labor and ensuring a leastpay. While U.S. labors tend to work longer hours than other developed nations, lower levies and more aidsbounce them a larger throwaway income than those of most developed nations, however the advantage of lower taxes have been defied.
Death penalty
The USA was the only country in the G8 to have carried out executions in 2011.4Three countries in the G20 carried out executions in 2011: China, Saudi Arabiaand the USA. The USA and Belarus were the only two of the 56 Member States of the Society for Safety and Collaboration in Europe to have conceded out executions in 2011.
Capital punishment is debatable. Death penalty adversaries regard the death penalty as cruel and complain it for its irreversibilityand assert that it lacks a deterrent effect, as have several lessons and deflating studies that claim to show a restrictive effect. According to Amnesty International, “the death penalty is the ultimate, irreversible denial of human rights.In 2003, Amnesty International stated those who murder whites are more likely to be executed than those who kill blacks, citing of the 845 people executed since 1977, 80 percent were put to death for murdering whites and 13 percent were executed for killing blacks, even though blacks and whites are killed in nearly equivalent numbers.5In 2003, Amnesty International stated those who murder whites are more likely to be executed than those who kill blacks, citing of the 845 people executed since 1977, 80 percent were put to death for murdering whites and 13 percent were executed for killing blacks, even though blacks and whites are killed in nearlyequivalent numbers
4. See Brennan, William, J., ed. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?, Oxford University Press US, 1998,ISBN 0-19-512259-3, page 10
5. See ICRC official statement: The relevance of IHL in the context of terrorism, 21 July 2005
.
Police brutality
In a 1999 report, Amnesty International said it had “documented patterns of ill-treatment across the U.S., including police beatings, unjustified shootings and the use of dangerous restraint techniques”. According to a 1998 Human Rights Watch report, events of police use of extreme force had happened in cities throughout the U.S., and this performance goes largely unchecked.
Conclusion
A statistics US has highest percentage of criminals are in jail which denotes highest rate of violation of human rights and it also shows zero tolerance for the criminals. Laws are strictly followed but in Bangladesh laws are made to be broken, victims don’t get the justice. Now a days human rights situation in Bangladesh is improving probably its because of the awareness and proper implementation mechanism.
A statistics US has highest percentage of criminals are in jail which denotes highest rate of violation of human rights and it also shows zero tolerance for the criminals. Laws are strictly followed but in Bangladesh laws are made to be broken, victims don’t get the justice. Now a days human rights situation in Bangladesh is improving probably its because of the awareness and proper implementation mechanism.
Due to political, economic, cultural, variation it is not possible to measure the implementation mechanisms of Bangladesh and USA in the same scale but in order to provide secure living environment it is to be made sure that human rights mechanisms of two different countries should be made thinking the betterment of all classes of people and properly implemented.
References
1. http://web.amnesty.org/report2004/bgd-summary-eng accessed on 18TH June 13
2. Reporters sans frontières – Bangladesh – Annual report 2005
3. See “Constitution of the People’s Republic of Bangladesh”. bdlaws.minlaw.gov.bd. accessed on 15th June 13
4. See Brennan, William, J., ed. Schwartz, Bernard, The Burger Court: counter-revolution or confirmation?, Oxford University Press US, 1998,ISBN 0-19-512259-3, page 10
5. ICRC official statement: The relevance of IHL in the context of terrorism, 21 July 2005