Abstract:
CEDAW focuses on ensuring equal rights for women with peace and non-discrimination, with which it is easy to provide for women’s rights. This article covers the struggles women in Bangladesh face due to discrimination in their constitution, legislation, and decision-making. CEDAW is needed to conduct the research, and it provides a brief explanation of the fundamental issue of CEDAW as part of the legislation in Bangladesh. Because of the poverty and lack of education, many women cannot realize the status in life. The situation could be better if the government had properly and implemented legislation to protect women’s rights in every sphere. It is essential to define the methodology in order to determine the form and methods to employ in order to combat women’s discrimination in Bangladesh. The author will use both substantive and procedural laws while emphasizing all of the components. Because there are many reports on this topic, the author will examine different perspectives and analyze pertinent laws in order to address the research question, how far the main theme of CEDAW is ensured by legislation in Bangladesh?’ This research will try to analysis the most current work done by the Bangladeshi government to advance its objective of identifying the hurdles to implementing the rights provided in the CEDAW. At the same time this research will analyzes how the rights guaranteed by the CEDAW may be enforced in Bangladesh.
Keywords: CEDAW, Non-Discrimination, Gender Equality, Peace, Legislation
Introduction:
The CEDAW has been working for that entire time to protect women’s rights. According to current efforts, all forms of discrimination against women will be outlawed. Furthermore, the action is to ensure true affirmation and a practical solution to racism. CEDAW’s primary theme is inextricably linked to the passing of Bangladeshi legislation. The CEDAW document possesses all of the characteristics of an excellent composition. It runs for the better part of three decades to further women’s rights. A primary goal of state meetings is to prevent discrimination against women, to enable them to receive authentic affirmation and attain successful resolutions to racial prejudice. CEDAW’s primary theme is similarly associated with Bangladeshi Legislation. CEDAW has all of the characteristics of an outstanding act. The Convention on the Elimination of All Forms of Discrimination Against Women seems to have had a small but considerable positive influence on human rights. CEDAW has long been recognized as the most important international human rights pact dedicated to maintaining and enhancing women’s human rights. CEDAW is an international convention that has been handed to human beings to protect women’s rights. Women participate actively in society and have made substantial contributions to civilization over a long time in many life realms, including social, political, economic, and cultural sectors. The Convention on the Elimination of Discrimination Against Women (CEDAW) came into effect on September 3, 1981. The Convention on the Elimination of Discrimination Against Women now has over 189 member countries. There are several countries where a considerable number of legislative attempts to implement the ‘CEDAW Charter’ provisions have already been put in place.[1] The broad nature of its goal and aim is to eliminate all forms of discrimination against women to achieve theoretical and regulatory equality for women and men.[2] The Committee stressed that three responsibilities are crucial to accomplishing the goal and purpose of CEDAW:
- They empower women by ensuring that laws do not discriminate against them and that women are protected from prejudice; and
- They guarantee that women are protected from discrimination. Improvement of the de facto condition of women.
- Addressing persisting gender inequality and gender preconceptions that are ubiquitous in society.
This study takes a qualitative approach, and the information required is gathered from secondary sources. The secondary source may be found in books, articles, journals, websites, case laws, and other similar sources. This study describes the most recent work done by the Bangladeshi government to further its goal of identifying the barriers to ensuring the rights guaranteed under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The final section of the analysis discusses how the rights guaranteed under CEDAW can be ensured in Bangladesh. There are two goals to research of this paper are to discover the main of CEDAW is ensured in Bangladeshi legislation or not and how it can be ensured. The author will try to examine and analyze the central topic of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).The author will attempt to make specific recommendations to the government of Bangladesh. The research question of this paper is how far the main theme of CEDAW is ensured by legislation in Bangladesh? This paper advances both a qualitative and a quantitative method, and all of the necessary material is acquired via the use of secondary sources, which are gathered from books, journals, newspapers, case laws, websites, and blogs, among other places. The author additionally gathered all of the necessary materials from Bangladesh’s legislation, the Bangladesh Constitution, as well as many books and journal articles, among other sources. The majority of the information in this research study comes from secondary sources. Books, journals, case law, websites, newspapers, and online portals are examples of secondary sources. Ain o Shalish Kendra (ASK), Bangladesh Human Rights Group, Bangladesh Bureau of Statistics, and other non-governmental organizations provided the information used in this study. This article presents a qualitative approach to analyzing data. For examining objectives no 1& 2 the author will take help from secondary sources.
The core objectives of this is to describe the overall law and order situation in Bangladesh in respect of women’s rights in Bangladesh and to analysis the existing laws and regulations relating to main theme of CEDAW. For rooting out the problems the author will recommend some probable solutions.
2.The basic principles of CEDAW:
2.1. The Right to Equality:
The reason is that per Article 2 of the CEDAW, states parties that ratify the Convention proclaim their determination to implement gender equality into domestic legislation. They centered their efforts on eliminating any discriminatory provisions that may have existed in their statutes. It is, as a consequence, necessary to provide additional rules to safeguard women from prejudice. The reason is that, per Article 2 of the CEDAW, states parties that ratify the Convention proclaim their determination to implement gender equality into domestic legislation. They centered their efforts on eliminating any discriminatory provisions that may have existed in their statutes. It is, as a consequence, necessary to provide additional rules to safeguard women from prejudice.[3] States that ratify the Convention must also establish commissions to ensure that women have the same degree of safety, protection, and representation as men. Although this is true, the most progressive public organizations provide that women have significant protections against divorce and aim to eliminate all forms of gender discrimination. Gender equality, also known as gender equality or gender uniformity, is a concept that advocates for equal treatment of men and women. When it comes to resources and opportunities, an equal-access state involves cooperation and rewarding and recognizing and rewarding a variety of behaviors, manners, and desires on an equal basis regardless of gender.
It is included in the Bangladeshi Constitution’s Articles 27, 28, 29, and 65, which establishes a framework that fosters gender equality and uniformity in the country.[4] Articles 9-10 and 37-39 of the Bangladesh Constitution explicitly indicate that all potential advances should be achieved in all domains of life to achieve gender equality in all life processes[5].
2.2. The Right to Peace:
Human rights and CEDAW protect everyone’s right to live in peace. CEDAW covers it completely. Everyone is entitled to the benefit, and it is essential to CEDAW’s structure. As defined in the Declaration on the Right to Peace, it is an underlying principle of the right to peace to keep everyone safe and secure. A more precise definition of CEDAW’s aim is to protect women and girls from gender-based violence. The United Nations Convention on the Elimination of Everyone Forms of Discrimination Against Women recognizes the need for equal access to social security for all. Article 11(g) of the same agreement says everyone has the right to health protection and safe working conditions, including maintaining a healthy reproductive function.[6]
Promoting gender equality and the abolition of gender-based discrimination creates room for women to play an active role in rebuilding their networks and countries in an effective and equal manner. Promoting women’s protection against gender-based violence and sexual assault, including but not limited to their use as weapons of war, via more grounded penalties[7] It is promoting women’s participation in decision-making and enhancing the possibility that women will meet their requirements. Not only does CEDAW advance women’s freedom, but it also serves as a foundation f\or global peace and justice.[8]
2.3 The Right to Non-Discrimination:
As stated explicitly in CEDAW, all types of discrimination against women are forbidden and strictly enforced by the member countries that sign on to the treaty. The United Nations General Assembly approved the Convention on the Elimination of Discrimination Against Women (CEDAW) in 1979[9]. The decision to allocate the shows was driven by the desire to advance women’s rights and end women’s persecution across the globe. Women are subjected to discrimination for various reasons, including their gender, ‘culture,’ and socially established characteristics. Women have e\ndured several challenges, and the Convention on the Elimination of Discrimination Against Women (CEDAW) is adequately concerned about women’s discrimination. Per the Convention, “discrimination against women” refers to any distinction, exclusion or limitation created based on a woman’s gender identity or expression[10].
For equality to exist, non-discrimination is necessary. The convention accepts a broad definition of non-discrimination (social, political, financial, social, familiar and public, and private). In this regard, it can hold state and non-state actors accountable for any violation of rights on the record. Article 1 of CEDAW defines Discrimination as any distinction, exclusion, restriction, or preference based on gender “any act of differentiation, exclusion, or limitation carried out with the goal or effect of invalidating, damaging, or negating women’s sense of well-being concerning their rights. Discrimination was a big issue in CEDAW, as it applied across the board to all individuals.
This means that to comply with CEDAW Article 5(a), state entities must take adequate measures to help people find jobs “manufactured social and societal patterns to alter in favor of males and females[11].” Discrimination has many forms[12]. Additionally, whether it is direct or indirect might also be purposeful or unintentional. Indirect Discrimination refers to preventing someone from exercising a right, while direct Discrimination seeks to discriminate. One example of prejudice may be how requirements put on all participants tend to ignore issues related to women’s involvement. While Discrimination may exist now, be prevalent, or be critical. Discrimination is noticeable when a group is faced with the effects of earlier Discrimination or when discriminatory conduct acts as additional maltreatment against a group that has already suffered via institutional or systemic oppression. The convention holds that the equality of women and men, though an important goal, will not move women forward or transform their situations.
Equality in both law and practice fosters affirmative action for ethnic minorities in society, based on the UN Convention on the Elimination of All Forms of Discrimination Against Women. Accepting the ideal of complete equality is insufficient; moreover, there are pragmatic activities that the government should undertake to guarantee[13].
3. Overall law and order situation in respect of women’s rights in Bangladesh:
For the time being, merit-based recruitment is the only approach in public office selection. As shown by this split of effective competitors, 44% of which are merit-based, and the remaining 56% of which would be quota-based[14], it can be seen that rivals who fulfil merit-based requirements make up a considerable fraction of the overall total. A little over a third of the population is being kept captive for their families, which include dissidents. The next largest contingent is female captives, numbering in the next tenth of that group. The last of the captive population is \reverse domain area captives. 5% of the people found to be descendants of individuals is being kept to find the remaining 1% of the people produced for these individuals to complete their ancestors’ tests. When in an open office, females find allotted time and space is dominated by the sheer volume rather than the opportunity to be there. In this scenario, how it seems to confine women is oppressive.
Marital or intimate partner violence was at least present in the homes of over 70% of women and girls in Bangladesh during 2015, according to a study done by the Bangladesh Bureau of Statistics (BBS).[15] The findings suggest that around half of the participants’ partners report their husbands had physically attacked them, as discovered by UNFPAA. Around half of them claim that their spouses have violently abused them, with around three-quarters believing that domestic violence is at the root of that[16]. Thus, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) remains mute. How do you know the Bangladeshi Legislation? Since the death of their spouse, why don’t these women speak out about issues that are important to them? Is it possible that Legislation is ambiguous, merely pure, or does it indicate anything else? On the opposing side, a non-profit Bangladesh human rights organization titled ‘Ain o Salish Kendra’ estimated that their husbands murdered 235 and 246 women[17], Though this instance is interesting, the issue is whether or not peace is secured in this scenario. A famous Bangladesh human rights organization backed this up. Reports claim 3,300 women and girls were slain due to dowry-related conflicts and based on media sources, which reports claim levels of inequality are growing every day[18]. We enacted the Dowry Act in Bangladesh, ensuring equality, and also emphasized women’s rights. Still, though our program execution is rather well, there is a big gap that we must deal with. According to the latest estimates, almost 86.2% of the country’s total employed population is engaged in farming, household labour, trash cleaning, manufacturing, or stone quarrying. Women’s rights have been violated in the working environment[19].
Additionally, a dower is a necessary element for a successful marriage. Without payment of Dower, marriage cannot be considered valid. The Dower, or rights of women, protects and empowers her. The term “dower” means the wife’s entitlement to property that she receives from her husband as a marriage gift in addition to her rights towards the property which she brings into the marriage[20].
Dower (also known as dowry) is a gift of money that a man must give to his wife as a sign of marital agreement. Dower is a legal responsibility, whereas the husband is required to pay. In many cases, the woman asks for a prenuptial dower before the marriage has even begun. The dower may have to be paid if the husband is unable to pay. If this is the case, the wife might decline to have sex before marriage.[21] It is well within her rights. Assume that the spouse makes her have sex against her will, and she becomes a victim of sexual assault. Even if a husband pays the dower before a judgment is obtained, he will never get any judgment money. Here we see that Islamic Sharia laws provide special rights to women in marriage, and the complete Bangladeshi set of regulations obtains these rights for the Bangladeshi Muslims. The provision of married If you ever find yourself seated quietly with others during meetings or arguments when you feel that you might add something to the topic, know that the obligation to perceive differentiated respect also requires you to safeguard fundamental liberties. Realize that establishing justice and accountability entails putting in place several vital tasks. They must be willing to embrace their commitments. [offering] assurances that the organization is abiding under CEDAW. Listening well and seeking to understand are essential aspects of effective communication. When women are allowed to exercise their rights, it is straightforward to further their benefits. Human rights are often defined as being identical with women’s rights, and women’s rights are believed to be universal rights and liberties. While there are no real solutions to this problem, women’s rights must recognize that it is deeply rooted in women’s representation in the public sphere. Both the law and “de facto” exist, as stipulated in the Convention’s articles 7 and 8. It proved that a women’s active participation in public life is not just a question of democratic governance but may also be a need to advance women’s interests. As long as women fail to play an active role in fighting for and promoting their progress, nothing can be counted on. Because of this, it should be written into legislation in Bangladesh. Enabling the current law to be obeyed typically benefits both society and the company. On the most basic level, numerous possible courses of action are laid out to defend women against attack. Nevertheless, a single consolidation strategy is not always what we consider when evaluating data; after all, effective implementation of these guidelines is a crucial need for the success of a consolidation program. Despite this, we have to strive to establish a system dedicated to delivering justice to women while also attempting to shield them from prejudice with the assistance of every discretion needed to keep them safe as a legal need for women.
4.1 Non-Discrimination in Bangladeshi legislation:
I. The Constitution of People’s Republic of Bangladesh 1972:
Though all Bangladeshi residents are equal, females who reside in distinct states do not respect and safeguard their rights. It has been proclaimed a fundamental right by the Bangladeshi Constitution’s Articles 10, 19, 27, 28, and 29[22]. There can be no dispute that women have played an equal role in the growth of civilization throughout its historical heritage. Furthermore, the Bangladeshi Constitution respects their dignity as women following the equality notion, and equality is one of the Constitution’s fundamental principles.[23] According to Article 28 (2) of the Constitution, everyone should have equal rights, regardless of whether they live at the federal, state, or municipal level. Following Article 28(1) of Bangladesh’s Constitution, every person has the right to equal protection under the country’s laws. Everyone should be the same regardless of their religion, color, caste, sexual orientation, or location of origin, among other characteristics. Increasingly apparent, the specifics make it clear that equal and unequal treatment has not been applied across religious, racial and ethnic lines as well as caste, gender, and geographic origin.[24] There has also been a common understanding that has resulted in a statement that people have an inherent right to improve the quality of human existence. The Articles 21 and 152 of the Bangladesh constitution both call for gender equality and provide for gender equality through facilitating women’s involvement in public life[25]. As a result, it is natural to assume that women have the legal right to bring a lawsuit against individuals who have mistreated or threatened them. If, on the other hand, a woman is accused under Section 497 of the Code of Criminal Procedure, 1898, she will be afforded additional rights if she is granted bail.[26] Article 65 of the Bangladeshi constitution states that women may be allowed to vie for internal positions in the country’s administration.[27] Additionally, Article 65 (c) describes 50 seats dedicated only for Members of Parliament, who are all MPs[28].
II. Labor Act 2006:
Discrimination against women is prohibited under section 345 of the Labor Act 2006 and it is strictly followed[29]. Section 345 of the Civil Rights Act of 1964 guarantees equal pay for equal work to both male and female workers and workers with disabilities. According to Section 332 of the Labor Behavior Act of 2006, no one is permitted to have an inappropriate relationship with a female worker, which indicates that it is unlawful to misbehave against a female employee,[30]section 332 ensures this. When it comes to provocation, the Labor Act does not explicitly mention it; however, the Supreme Court of Bangladesh’s HCD established rules on sexual harassment to protect women in their work environments and educational institutions like universities and other places of learning and other significant locations. By choosing the case ‘BNWLA v Bangladesh and others, 14 BLC (HCD) 694’, you may learn more about the issue. The judgment in this particular case is intended to safeguard and safeguard the safety of women and girls in general.[31] If their rights are breached, women may seek restitution under the updated Bangladesh Labor Act, 2006, which provides for a variety of remedies.
III. Citizenship Act 2009:
The government changed the Citizenship Act in 2009 to include a new law, the Citizenship (Amendment) Act, 2009, which Parliament passed. It is provided for under Section 5 of the previous ‘Citizenship Law of 1951’ that a Bangladeshi woman may transfer her citizenship to her children. The Citizenship Act 2009 partially eliminated segregation in citizenship rights; it empowers women to transmit citizenship to their children while remaining silent on the subject of transferring citizenship to spouses of unknown origins.[32] Since to the Citizenship Rules of 1978, a woman may provide citizenship for her husband, regardless of their conception or origin, provided he remains in Bangladesh for five years without taking a break, as only husbands are necessary for a woman to be able to ensure citizenship.
IV. Nari Shishu Nirjatan Daman Ain, 2000:
Parliament passed the ‘Nari Shishu Nirjatan Daman Ain, 1996′ law to fight crimes against women and girls, such as rape and dowry related offence. The Act was passed before the Act against flinging harmful things, sexual harassment, and women trafficking, all of which were adopted to safeguard rights. It is regretful that the severity of the penalties left little space for legal interpretation. As a result, a new Act named Nari Shishu Nirjatan Daman Ain, 2000’ was adopted to address the situation.
4.2 Gender equality in Bangladeshi legislation:
I. Voting Rights:
The right to vote is guaranteed under the Bangladeshi Constitution in Bangladesh. Article 7(1) and Article 11 of the Bangladeshi Constitution provide every person with the right to vote in an election of their representatives. Citizens, however, have the option of choosing their representatives by voting.[33] Article 144 of the Bangladesh constitution guarantees all Bangladesh citizens the right to vote.[34] The Bangladeshi law ensures this right. If their rights are infringed, they may use Article 102 in court (HCD)[35]. In Bangladesh, the constitution grants every eligible citizen the right to vote. Every Bangladeshi citizen over the age of 18 is eligible to vote under the Bangladesh Constitution of Article 122 and section 7 of the Voter List Act, 2009. Conformities requirements as mentioned above that someone who used their voting rights needs to be of an age of majority;[36] they have to be a cognitively competent individual. Some provisions guarantee everyone’s equal treatment before the Bangladeshi people. The primary goal of CEDAW is to make sure that gender equality is promoted, which means that no one is overlooked or marginalized and that both men and women are given opportunities for equality. There are no good regulations that deal with the force and ward of the women persons who have been designated for the reserved seats of neighboring bodies.
II. Gender equality and Islam:
No one in Bangladesh, regardless of class, caste, religion, or race, has any privilege or advantage over anybody else when it comes to the law. There is no discrimination based on nationality, race, creed, or colour in Bangladesh. Majority of Bangladeshi women are Muslim. Personal issues are regulated by the spiritual personal law like. marriage, divorce, maintenance, inheritance. According to the Qur’an, if a man is guilty of a crime, he is punished accordingly. Similarly, women are granted the same sentence if they are found guilty of a crime, such as theft (5:38), fornication (24:2), theft, murder, and harm (5:33,34). (5:45)[37]. However, according to Sharia law, women are legally allowed to get free genuine material and money for all kinds of transactions. According to Sharia law, it is permissible for a man to have four wives simultaneously, provided that the male can give each of them a minimum sum of money. This, however, is prohibited for two main reasons: women and finances. The obligation to pay the dower and the maintenance lies on the husband in marriage.
Regarding family responsibilities, the responsibility of bearing the support of the wife and children is conferred on the male. The Islamic tradition stipulates that the dowry should be for the husband’s family alone. It is strictly forbidden for the wife and her family to provide any dowry to the husband’s family. Around there, the most often discussed subject within the entire Bangladeshi legal system, when it comes to issues dealing with women and men, is ensuring that women and men have equal rights. In practice, Sharia law does not treat men and women equally from all points of view.
Although Bangladesh ratified the CEDAW Article 15(3) on Muslim Marriage Contract (Kabin Namah), the two female observers are, in the international community’s eyes, equivalent to one male observer when making the official agreement. While the CEDAW standard has no way of predicting what will happen, the consistent implementation will lead to better outcomes for women and better standing in society for the legislation. Article 14.2(f) gives women the right to join in all rural Salish-based activities; however, few women can make use of this right (Mediation).
4.3 Right to peace in Bangladeshi legislation:
Bangladesh has no specific legislation on the right to peace. CEDAW’s main focus is on guaranteeing non-discrimination and gender equality.
Government authorized measures named ‘Managing Health and Safety at Work’. A business’s fire safety and protections must be satisfactory to the Inspector, or the employer must cease utilizing the facility. The Labor Rules 2015 provide that licenses must be examined.
5. Recommendations:
Additionally, the following are seen as crucial considerations to take into consideration:
As an initial undertaking, the committee should form a committee that contains legal experts, government officials, women’s rights activists, civil society members, and academics. The committee should perform a comprehensive assessment of the project’s original requirements, loopholes, and weaknesses and develop ideas. If indeed the government decides that another Act is necessary, it should enact legislation that gives it more freedom to expand the number of countries it regulates. It is critical to deal with problems or limitations that have already been identified, especially if such problems, such as the problems highlighted above, are significant flaws.
Citizenship rights must use to remove gender discrimination regardless of whether or not the person is a citizen. For gathering evidence, women’s rights are violated, and to avoid that, and the government should incorporate protective procedures for victims and witnesses. While women have the same right to adopt children as men have under Hindu law, the complete set of regulations should include special provisions to protect the mentally disabled and the vision-impaired to be fair to everyone. It may seem unfair to keep the kid born with the mother in custody, but it will benefit everyone involved. The State should step have the option of putting the children with their mother in the State’s protected care.
Similarly, men must also indicate their marital status. To further improve people’s attitudes regarding gender equality, these projects have the following goals: promote public awareness and refine print and electronic media. Women must be educated on the state’s obligations under the Convention on the Child’s Rights to protect women’s rights and dignity. Still, they must also be aware of their obligations under the Convention. To guarantee that the government has fair and equal rights for both men and women, it is critical to incorporate women’s concerns into the nation’s growth processes. It may be necessary to follow a few easy steps to be better integrated into sectoral plans and strategies, such as adopting a realistic medium-term budgeting framework (MTBF). Women are more heavily represented in comparable groups in other countries, such as the Bangladesh Better Business Forum, Advisory Committees, Governing Boards, Trustee Boards, Executive Committees of workplaces/affiliates, Local Government Bodies, and Sectoral Project Formulation. A remarkable Central Monitoring Cell should be established in the Ministry of Women and Children Affairs (MoWCA), with a clear plan for deploying a WID Master on many focal locations across the MoWCA to monitor and track the implementation of CEDAW carefully. The performance of CEDAW is aided by a re-energized Women’s Policy, which is being developed to give a compelling justification for its acceptance.
6. Concluding observations:
Gender-based discrimination is a common pattern and type of discrimination, according to CEDAW. Parties strive to: include population fairness and equality into constitutions. Enact legislation against gender discrimination.
Bangladesh has adopted new legislation to promote gender equality, reinforcing CEDAW’s core message. The fundamental premise of CEDAW is non-discrimination. The CEDAW Convention outlaws all kinds of gender discrimination. The UN General Assembly voted in 1979 to give women the same rights as men. The constitution and several laws of Bangladesh guarantee citizens’ rights to peace and gender equality. However, it is neither proved or implemented successfully in Bangladesh. As a result of the high crime rate and domestic violence against women (including mental abuse), female involvement in social and political activities is now limited (including mental abuse).
The voice grows. Women must speak out. No convention, law, or clause will protect their rights if they remain silent. Involvement of women is one of the main reasons why nations do not grow. Although the aim of CEDAW is to promote equality and development, it cannot do so if rights are violated. As a consequence, Bangladesh must pass legislation. Rather of assisting and implementing laws, it should be promoted and publicly accessible. If all of these ideas are implemented, the government should increase women’s participation and eliminate gender-based discrimination. Women and girls are protected under CEDAW because it recognizes and addresses the root causes of discrimination. However, the legislation falls short in many areas. Ineffective implementation increased the gap between women’s authority and progress toward sexual orientation equality. On observes a loop of gender-based discrimination. In countries like Bangladesh, where progress for women takes time, addressing these issues while demanding gender equality is challenging. Since the public authority’s first periodic report on CEDAW in 1993, data collected via CEDAW implementation shows a connection of prejudiced traditions while trying to create different women’s advantages. While public recognition of the CEDAW standards should be a top priority for executing CEDAW plans, public authority confirmation merits a higher grade for obtaining CEDAW necessary measures. To succeed, the government must focus and take swift action. Increase the participation of NGOs, women’s activist organizations, and individuals concerned about CEDAW implementation. In a sense, legislation is required to ensure that gender may properly protect and enjoy its property rights under personal law. A good step in the present socio-economic and social climate.
[1] General recommendation on women’s access to justice, Undocs.org (2015), https://undocs.org/CEDAW/C/GC/33 (last visited Apr 29, 2021).
[2] SIMONE CUSACK LISA PUSEY, Cusack, Simone; Pusey, Lisa — “CEDAW and the Rights to Non-Discrimination and Equality” [2013] MelbJlIntLaw 3; (2013) 14(1) Melbourne Journal of International Law 54 Classic.austlii.edu.au (2013), http://classic.austlii.edu.au/au/journals/MelbJIL/2013/3.html (last visited Apr 29, 2021).
[3] Convention on the Elimination of All Forms of Discrimination against Women, Un.org, https://www.un.org/womenwatch/daw/cedaw/ (last visited Jul 29, 2021).
[4] Bangladesh Constitution, Article 27,28,29.
[5] ibid, Article (9-10) & (37-39)
[6] Convention on the Elimination of All Forms of Discrimination against Women, Article 111(g), Un.org, https://www.un.org/womenwatch/daw/cedaw/ (last visited Jul 29, 2021).
[7] Promoting Peace: CEDAW Women’s Rights Treaty – National Organization for Women, Now.org, https://now.org/resource/promoting-peace-cedaw-womens-rights-treaty/ (last visited Jul 30, 2021).
[8] ibid; Accessed July 29, 2021
[9] Convention on the Elimination of All Forms of Discrimination against Women, Un.org, https://www.un.org/womenwatch/daw/cedaw/ (last visited Jul 29, 2021).
[10] ibid, accessed May 25, 2021
[11] ibid, Article 5(a)
[12] FRED L. PINCUS, Discrimination Comes in Many Forms, 40 American Behavioral Scientist 186-194 (1996), https://www.extension.iastate.edu/4hfiles/StaffDocs4H/2014YouthFest/DiscriminationComesInManyForms.pdf (last visited Jul 30, 2021).
[13] Convention on the Elimination of All Forms of Discrimination against Women, Un.org, https://www.un.org/womenwatch/daw/cedaw/ (last visited Jul 29, 2021).
[14] Nuzhat Yasmin, Quota System in Bangladesh Civil Service: An Appraisal Dspace.bracu.ac.bd (2010), http://dspace.bracu.ac.bd/bitstream/handle/10361/2085/Quota%20System%20in%20Bangladesh%20Civil%20Service%20An.pdf?sequence=1 (last visited Jul 29, 2021).
[15] Bangladesh Bureau of Statistic (BBS) (1974) http://bbs.teletalk.com.bd/ (last visited 31-03-2021)
[16] United Nations Population Fund (UNFPA) (1969) https://www.unfpa.org/ (last visited 31-03-2021)
[17] Ain o Shalish Kendra (ASK) http://www.askbd.org/web/ (last visited 31-03-2021)
[18] Bangladesh Human Rights Group, https://www.bd.undp.org/content/bangladesh/en/home/projects/human-rights-programme.html (last visited 31-03-2021)
[19] Withdrawal of CEDAW reservations is necessary to ensure gender equality | UNDP in Bangladesh, UNDP, https://www.bd.undp.org/content/bangladesh/en/home/presscenter/pressreleases/2019/06/24/withdrawal-of-cedaw-reservations-is-necessary-to-ensure-gender-e.html (last visited Mar 31, 2021).
[20] D.F Mullah, Principles of Mohamedan Law 251 (13 ed. 2008).
[21] Mahmuda Khatun VS. Abu Sayeed, 21 (1969).
[22] Bangladesh Constitution, Article 10, 19, 27, 29
[23] Bangladesh Constitution, Article 152
[24] Bangladesh Constitution, Article 28(1)
[25] ibid, Article 21 &152
[26] The Code of Criminal Procedure, 1898, Section 497
[27] Bangladesh Constitution, Article 65
[28] ibid, Article 65(C)
[29] The Labor Act, 2006, Section 345
[30] ibid, Section 332
[31] BNWALA vs. Bangladesh & others, 14 BLC (2009).
[32] Sharifa Begum et al., THE CEDAW IMPLEMENTATION IN BANGLADESH: LEGAL PERSPECTIVES AND CONSTRAINS, BANGLADESH INSTITUTE OF DEVELOPMENT STUDIES Dhaka, Bangladesh (2011), https://catalogue.nla.gov.au/Record/6183472 (last visited Apr 28, 2021).
[33] ibid, Article 11
[34] ibid, Article 144
[35] ibid, Article 102
[36] The Voter List Act 2009, Section 7
[37] Dr. jamal A Badwai, Gender Equality in Islam (2 ed. 2016).
Shahriar Islam Shovon
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