International Human Rights Law

The international human rights movement was
strengthened when the United Nations General Assembly
adopted of the Universal Declaration of Human Rights
(UDHR) on 10 December 1948. Drafted as ‘a common
standard of achievement for all peoples and nations',
the Declaration for the first time in human history spell
out basic civil, political, economic, social and cultural
rights that all human beings should enjoy. It has over
time been widely accepted as the fundamental norms of
human rights that everyone should respect and protect.
The UDHR, together with the International Covenant on
Civil and Political Rights and its two Optional Protocols,
and the International Covenant on Economic, Social and
Cultural Rights, form the so - called International Bill of
Human Rights .
A series of international human rights treaties and other
instruments adopted since 1945 have conferred legal
form on inherent human rights and developed the body
of international human rights. Other instruments have
been adopted at the regional level reflecting the
particular human rights concerns of the region and
providing for specific mechanisms of protection. Most
States have also adopted constitutions and other laws
which formally protect basic human rights. While
international treaties and customary law form the
backbone of international human rights law other
instruments, such as declarations, guidelines and
principles adopted at the international level contribute
to its understanding, implementation and development.
Respect for human rights requires the establishment of
the rule of law at the national and international levels.
International human rights law lays down obligations
which States are bound to respect. By becoming parties
to international treaties, States assume obligations and
duties under international law to respect, to protect and
to fulfil human rights. The obligation to respect means
that States must refrain from interfering with or curtailing
the enjoyment of human rights. The obligation to protect
requires States to protect individuals and groups against
human rights abuses. The obligation to fulfil means that
States must take positive action to facilitate the
enjoyment of basic human rights.
Through ratification of international human rights
treaties , Governments undertake to put into place
domestic measures and legislation compatible with their
treaty obligations and duties. Where domestic legal
proceedings fail to address human rights abuses,
mechanisms and procedures for individual complaints or
communications are available at the regional and
international levels to help ensure that international
human rights standards are indeed respected,
implemented, and enforced at the local level.

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A Comparative Study on Women?s Right in Bangladesh under Hindu and Muslim Personal Laws

A Comparative Study on Women’s Right in Bangladesh under Hindu and Muslim Personal Laws

Introduction
    
The term women's rights refer to freedom and entitlements of women and girls of all ages. These rights may or may not be institutionalized, ignored or suppressed by law, local custom, and behavior in a particular society. These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recognized for men and boys, and because activists for this issue claim an inherent historical and traditional bias against the exercise of rights by women and girls.[1]                                                                                         Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote(suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital, parental and religious rights. Women and their supporters have campaigned and in some places continue to campaign for the same rights as men.[2]                                                         All family laws- Hindu, Muslim, Parsee, Sikh, Jain and Christian personal laws-have certain common features. All of them recognize the man as the head of the household, they sanction patrilineage and patrilocality, they treat women as men’s property and consider the father to be the natural guardian and they perpetuate double standards in sexual morality and property rights. It is common knowledge among those reasonably acquainted with law that women are greatly deprived of their rights within the laws that govern crucial aspects of the man woman relationship: marriage and divorce, custody of children and guardianship rights, alimony and maintenance for divorced women as well as property rights. The question of women has acquired great importance throughout the world today among all communities. This is for obvious reasons. For centuries, women have been in total subjugation in male-dominated patriarchal societies. It has been a “natural law” to regard women as the inferior sex and for them to submit to male authority for the smooth functioning of society in its day to day progress.

The women in Bangladesh have to deal with little to no rights. Women’s rights are definitely an issue in Bangladesh it is starting to become better but yet at a very slow speed. Many men do not agree with women acquiring equal rights as men because of religious reasons. Some connections to women’s rights matter in Bangladesh are caused from education to religion to legal issues.[3]                                                               Women’s rights in Bangladesh have been an issue for decades. One of the main reasons for this problem is the religion of the country. Now the government is starting to put rules in order to protect and grant women more rights.  As of today there are three laws that are set in place for women, Anti-Dowry Prohibition Act of 1980, Cruelty of Women Law of 1983 and the Women and Children Repression Act of 2000.² These laws have helped women out, but they aren’t strongly enforced, therefore, there are still many issues that aren’t taken care of. The main reason for why these rules are not being strongly enforced is because of religious conflicts. Muslims follow a certain guide line of rules which states that women aren’t to have equal rights as men. Men have made protest against the government for making those laws; they don’t think it’s right that women should be allowed to have the same rights as the men. Men say that some of the policies that are being made are against the Quran and that they are against the teachings of the Quran. The Quran is a Holly and divine text that the Muslims follow. The scenarios are almost same in Hindu community. The laws relating to women’s right are believed to be oriented from Holly Scriptures which c

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What's Law

What is Law?
Definition of Law:
Law[4] is a system of
rules and guidelines which are enforced through social
institutions to govern behavior, wherever possible.[5]
It shapes politics, economics and society in numerous
ways and serves as a social mediator of relations
between people. Contract law regulates everything
from buying a bus ticket to trading on derivatives
markets. Property law defines rights and obligations
related to the transfer and title of personal and real
property. Trust law applies to assets held for
investment and financial security, while tort law
allows claims for compensation if a person's rights or
property are harmed. If the harm is criminalised in
legislation, criminal law offers means by which the
state can prosecute the perpetrator. Constitutional law
provides a framework for the creation of law, the
protection of human rights and the election of political
representatives. Administrative law is used to review
the decisions of government agencies, while
international law governs affairs between sovereign
states in activities ranging from trade to
environmental regulation or military action. Writing
in 350 BC, the Greek philosopher Aristotle declared,
"The rule of law is better than the rule of any
individual."[6]
Legal systems elaborate rights and responsibilities in a
variety of ways. A general distinction can be made
between civil law jurisdictions, which codify their
laws, and common law systems, where judge-made law
is not consolidated. In some countries, religion
informs the law. Law provides a rich source of
scholarly inquiry, into legal history, philosophy,
economic analysis or sociology. Law also raises
important and complex issues concerning equality,
fairness and justice. "In its majestic equality", said the
writer Anatole France in 1894, "the law forbids rich
and poor alike to sleep under bridges, beg in the
streets and steal loaves of bread."[7]
In a typical democracy, the central institutions for
interpreting and creating law are the three main
branches of government, namely an impartial
judiciary, a democratic legislature, and an accountable
executive. Law distinguishes itself from policy as laws
are the standard rules and regulations that are
compulsory. Policies are objectives that an
organization or a government sets for itself. To
implement and enforce the law and provide services to
the public, a government's bureaucracy, the military
and police are vital. While all these organs of the state
are creatures created and bound by law, an
independent legal profession and a vibrant civil
society inform and support their progress.
source: http://en.wikipedia.org

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