Universal Declaration of Human Rights [PDF]

Zitiervorschau

Jatiya Kabi Kazi Nazrul Islam University Department of Public Administration & Governance Studies Trishal, Mymensingh

Assignment on: Universal Declaration of Human Rights Course Name: Civil Rights and Regulatory Administration Course Code: PA-503

Presented To Nazmul Hasan Assistant Professor Department of Public Administration & Governance Studies Jatiya Kabi Kazi Nazrul Islam University Presented By Group 1 Session: MSS 2021-22 Department of Public Administration & Governance Studies Jatiya Kabi Kazi Nazrul Islam University

Submission Date: 21-12-22 1|Page

Group 1 Roll

Name

18123101

Sayeda Tahsin

➢ What are Human Rights? ➢ Characteristics of human rights ➢ Types of human rights

18123102

Habiba Sultana

➢ How do Human Rights help you? ➢ What is Universal Declaration of Human Rights?

18123103

Md. Ramjan Ali

➢ History of UDHR

18123104

Sabrina Munmun

➢ Meaning of the document ➢ What does the universal Declaration Say?

18123105

Mahmudur Rahman

18123106 18123107 18123108 18123109

Ziaur Rahman Emtiaz Sultana Razia Tuli Najmunnahar Sifati Jannat Mim

18123110 18123112

Sanjida Akter Arni Fahim Azad Khan Ankon Mst.Fahima Akter Easa

18123113

Topic Name

➢ Criminal Justice System in Bangladesh ➢ Roles of Criminal Justice Systems to establish Human Rights ➢ Violation of Human Rights in Criminal Justice System of Bangladesh ➢ Factors responsible for breaching Human Rights by the Criminal Justice System ➢ Article 1-6 ➢ Article 7-12 ➢ Article 13-18 ➢ Why does UDHR still matter? ➢ Loop holes of UDHR? ➢ Article 19-24 ➢ Article 25-30 ➢ Human Rights and the Universal Declaration of Human Rights ➢ The constitution of Bangladesh and the Universal Declaration of Human Rights ➢ Agencies working on Human Rights issues

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Index Topic Name ➢ ➢ ➢ ➢ ➢ ➢

What are Human Rights? Characteristics of human rights Types of Human Rights How do Human Rights help you? What is UDHR? History of UDHR

Page No 5-7

8-9 10-11

➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢

Meaning of the document 11-12 What does the universal Declaration Say? Article 1-6 12-14 Article 7-12 14-17 Article 13-18 17-18 Article 19-24 18 Article 25-30 19-20 Why does the UDHR still matter? 20-23 Loop holes in UDHR How does Bangladesh put into reality the rights outlined in the Universal Declaration of Human Rights? o Human Rights and the Universal Declaration 23-24 of Human Rights o The constitution of Bangladesh and the 24 Universal Declaration of Human Rights o Agencies working on Human Rights issues 24 o Criminal Justice System in Bangladesh 24 o Roles of Criminal Justice Systems to establish 25 Human Rights o Violation of Human Rights in Criminal Justice 26 System of Bangladesh o Factors responsible for breaching Human 27 Rights by the Criminal Justice System ➢ Conclusion 28 ➢ References 29-30 3|Page

Acknowledgement ALL praises are laid upon the almighty, who is the supreme creator and given us his kind blessings and opportunity to be educated through acquiring knowledge, gave us courage and hope for preparing this manuscript. We respectfully express our sincere gratitude, profound respect and heartfelt thanks to our (PA-503;Civil Rights and Regulatory Administration) course Coordinator Nazmul Hasan, Assistant Professor of Jatiya Kabi Kazi Nazrul Islam University for his sincere support, inspirations, thoughtful lectures and the candid discussion that we did during the course. We thank him very much for his kind allocation of valuable time for us.

Group 1

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What are human rights? Human rights are rights we have simply because we exist as human beings - they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental - the right to life - to those that make life worth living, such as the rights to food, education, work, health, and liberty. Every person has dignity and value. One of the ways that we recognize the fundamental worth of every person is by acknowledging and respecting their human rights (United Nations, n.d.). Human rights are a set of principles concerned with equality and fairness. They recognize our freedom to make choices about our lives and to develop our potential as human beings. They are about living a life free from fear, harassment or discrimination. Human rights can broadly be defined as a number of basic rights that people from around the world have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or what we believe. This is what makes human rights ‘universal’.

Characteristics of human rights 1. Human rights are universal In the beginning of this article, explained that human rights are those rights that are given to a person as soon as he/she is born. These rights are universal. It doesn’t matter the tribe, religion of sex of the person. Following the Universal Declaration of Human Right in 10th December 1948, Human rights are the same in all state that is a member of the United Nations.

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2. Human rights are inalienable and immutable Aside from the facts that human rights are universal, they are also inalienable and immutable. Many political philosophers are of the opinion that human rights are given by God to everyone, and as such, they should not be taken or changed by anyone. They are seen as inherent rights that cannot be taken away from a person. Even in a military regime, where the state is ruled by dictators, the fundamental human rights of citizens are not actually taken away. 3. Human rights are Indivisible and interrelated This is a popular paradigm associated with human right. It posits that all human rights are related and for one to be ensured, the government must protect others too. Accordingly, for the right to fair hearing to be protected, the rights to access the court must be ensured. 4. Human rights are inherent This is a very important feature of human right. In fact, almost all the characteristics i have already mentioned before now were drawn from the fact that human rights are inherent. 5. Human rights are protected by the court of law Another characteristic of human rights is that, they are protected by the court of law. This is one of the core responsibilities of the court in a state. 6. Human rights are enforceable Human rights are recognized by the law and that is why the constitution of many countries of the world today, protect the fundamental human rights of their citizens. In the United States, the fundamental human rights of citizens are protected in Bill of Rights and in Nigeria, the fundamental human right of citizens is protected in Section 4 of the 1999 constitution.

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Types of Human Rights

Indivisibility: In recent history, western countries have tended to say that only civil and political rights were really rights, while socialist countries said that only economic and social rights are really rights. In reality, you need them all to live a life of dignity. If you can’t make ends meet, aren’t healthy or educated, then you’re not going to be able to use your other rights effectively. It could mean you’re too ill, too busy working, too poor, or not well enough informed to tell your leaders what you want from them, vote, buy a newspaper or take a court case. And vice-versa, if you don’t have a right to protest or free speech or access to courts or information or elections to vote in, you’re not in a position to choose politicians who will deliver on health care, education, fair pay etc.

Inalienability: This just means that you can’t ‘trade’ your rights away by consent. You can’t say, ‘I give up my privacy for a free Facebook account’. Ideologically, it cuts into your dignity. Practically, it damages society because others will follow suit and then privacy isn’t really a right any more, which has consequences for democracy and individual sanity.

Universality: This means that everyone gets the same rights by virtue of being human. Human rights are universal because they’re based on basic human needs and the way society’s function. And universality is the cornerstone of human rights law, because it is the very promise of the concept itself: that everyone is born with these rights, no matter what.

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How do human rights help you? December 10th is International Human Rights Day, a day to celebrate and advocate for the dignity, freedom, and basic human rights of all people around the world. Passionate people everywhere are standing with the United Nations to support human rights and take collective action for a brighter future.

1 . S P E A K U P F OR WH A T Y O U C AR E A B O U T One brave voice is enough to open up a channel for others to share their experiences and support human rights. If you feel inspired to write, sign up for Amnesty International's Write for Rights this December to join their global letter-writing campaign and the world’s biggest human rights event. Your words have power! The more awareness created around an issue, the more momentum there is for change to protect human rights. 2 . V O L U N T E E R O R D O N A T E T O A G L O B A L O R GA N I Z A T I O N Oxfam International and UNICEF are two amazing nonprofits that support human rights around the world. With outreach programs in more than 90 countries, Oxfam helps empower communities to escape poverty and find resilience from natural disaster. We love how local changemakers and activists work directly with Oxfam to fight systematic injustice and support human rights for all. 3 . C H O O SE F A I R T R A D E & E T HI C A L L Y M A D E G I F T S Fair trade and ethical products follow strict guidelines for giving workers and artisans living wages, safe working conditions, dignified employment, and environmental respect to support human rights. 4 . L I S T E N T O OT H E R S ' S T O R I E S The Universal Declaration of Human Rights of 1948 was the first document to state our shared rights. One important way we can empower survivors and people facing injustices is by honoring and respecting their stories. Working beside women refugees in our studio, we've had the pleasure to be a part of their stories. 8|Page

5 . S T A Y C O N N E C T E D WI T H S OC I A L M O V EM E NT S A wonderful way to feel connected to social movements in the U.S. and around the world is by engaging on Instagram and Twitter. Prominent activists and human rights organizations are happy to share the ways they are making a difference, and usually offer campaigns you can get involved with. 6. STAND UP AGAINST DISCRIMINATION Discrimination has a way of creeping up in places we never imagined encountering it. Yet it's there, and the most important thing each of us can do is say something - don't let it slip by. And when you see someone else stand up, stand with them! When we have each other as support, we are more empowered against injustices in the workplace or in a classroom.

What is Universal Declaration of Human Rights? The Universal Declaration of Human Rights articulates fundamental rights and freedoms for all. The Universal Declaration includes civil and political rights, like the rights to life, liberty, free speech and privacy. It also includes economic, social and cultural rights like right to social security, health and education. • Everyone has the right to a standard of living adequate for the health and well being of him(her)self and his ( her) family including housing and medical care and necessary social services. • The universal declaration of human rights (UDHR) is a document that acts like a global road map for freedom and equality - protecting the rights of every individual, everywhere. The power of the Universal Declaration is the power of ideas to change the world. It inspires us to continue working to ensure that all people can gain freedom, equity and dignity.

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History of Universal Declaration of Human Rights: The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, it set out, for the first time, fundamental human rights to be universally protected. The Universal Declaration of Human Rights (UDHR) is the foundational document of international human rights law. Following the atrocities of World War II, the international community vowed to prevent such grave human rights abuses from occurring in the future. To do this it created the UDHR, which contains thirty articles related to important civil, economic, social, cultural, and political rights. The Commission on Human Rights, led by Eleanor Roosevelt, drafted the document and was made up of eighteen members from varying cultural, religious, and political backgrounds. The final drafting of the document took two years to complete. It was adopted by the UN General Assembly on December 10, 1948. Roosevelt was there to speak about the Universal Declaration of Human Rights, a document whose drafting she’d overseen at the newly-formed United Nations. The U.N. adopted the document that year on December 10, a date now commemorated as Human Rights Day. The rights enumerated in the declaration were controversial among the U.N.’s member nations, and remain so today. It proclaimed, among other rights, that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” The former First Lady fought hard to make the declaration comprehensive, and later wrote that she considered it “my most important task” during her years at the U.N. Preventing War by Supporting Human Rights The 51 countries that founded the U.N. did so in October 1945, just a couple months after the end of World War II. In the wake of two world wars and the first nuclear bomb attacks, and in the midst of a global refugee crisis, many feared that a more destructive World War III was right around the corner. The U.N. was founded at a time when people like Eleanor Roosevelt wanted to avoid such a disaster and address human rights as a way of preventing war. President Harry Truman appointed Roosevelt to the U.S. delegation to the U.N. at the end of 1945. By then, she was well-known in the U.S. and abroad. As First Lady 10 | P a g e

during Franklin D. Roosevelt’s administration from 1933 to 1945, she had championed poverty alleviation, access to education and civil rights, and traveled to the European and Pacific front lines of World War II. In April 1946, she became chair of the U.N. Commission on Human Rights, and took on the task of drafting a human rights declaration for the world.

Meaning of the document Universal Declaration of Human Rights (UDHR) foundational document of international human rights law which has been referred to as humanity's Magna Carta. It acts like a global road map for freedom and equality – protecting the rights of every individual, everywhere. It was the first-time countries agreed on the freedoms and rights that deserve universal protection in order for every individual to live their lives freely, equally and in dignity. It was the document where first time fundamental human rights-universally protected. The Universal Declaration of Human Rights articulates fundamental rights and freedoms for all. The General Assembly of the United Nations adopted the Declaration on 10 December 1948.

What Does Universal Declaration Of Human Rights Say? Everyone born in this world have human rights that must be protected by the law. According to United Nations, there are 30 basic human rights that recognized around the world. These 30 rights considered as a universal human right which marked out all humans as being free and equal, regardless of sex, color, creed, religion or other characteristics. The 30 rights and freedoms set out in the UDHR include the right to be free from torture, the right to freedom of expression, the right to education and the right to seek shelter. It includes civil and political rights, such as the rights to life, liberty and privacy. It also includes economic, social and cultural rights, such as the rights to social security, health and adequate housing. The UDHR continues to serve as a foundation for national and international laws and standards. For organizations like Amnesty who are committed to protecting and fighting for human 11 | P a g e

rights, it acts as a guiding inspiration for our mission and vision. This means human rights are the same for every man, woman and child across the world, no matter what their circumstances. The UDHR also shows us that human rights are interdependent and indivisible. All of the 30 articles in the Declaration are equally important. Nobody can decide that some are more important than others. Taking away one right has a negative impact on all the other rights.

Articles on UDHR Universal Declaration of Human Rights. The power of the Universal Declaration is the power of ideas to change the world. It inspires us to continue working to ensure all people can gain freedom, equality and dignity. Article 1: Right to Equality All human beings are born free and equal and should be treated the same way. All human beings are born free and equal in dignity and rights. They are given with reason and conscience and should act towards one another in spirit of brotherhood. Article 2: Freedom from discrimination Everyone can claim their rights regardless of sex, race, language, religion, social standing, etc. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3: Right to Life, Liberty, Personal Security Everyone has the right to life and to live in freedom and safety. It noted that the obligation to protect, respect and ensure the right to life covers many other issues including modern technologies such as the use of drones in armed conflict. Looking 12 | P a g e

to the future, it said environmental degradation, climate change and unsustainable development represent serious threats to the ability of present and future generations to enjoy the right to life. The right to life is amplified in four UN treaties whose stated purpose is to abolish the death penalty, and since 2007 the UN General Assembly has adopted five nonbinding resolutions calling for a global moratorium on executions as a step to eventual abolition. “There is no place for the death penalty in the 21st century,” said former UN Secretary-General Ban Ki-moon. Article 4: Freedom from slavery No one has the right to treat you as a slave nor should you enslave anyone. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. No one shall be required to perform forced or compulsory labor. For the purpose of this Article the term ‘forced or compulsory labor’ shall not include: any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention any service of a military character or, in case of conscientious objectors in countries where they are recognized, service exacted instead of compulsory military service any service exacted in case of an emergency or calamity threatening the life or well-being of the community, or any work or service which forms part of normal civic obligations. Article 5 : Freedom from Torture and Degrading Treatment No one has the right to torture and no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law. The lawful detention of a person after conviction by a competent court. The lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law. The lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done.

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Article 6: Right to Recognition as a Person before the Law Everyone has the right to recognition everywhere as a person before the law. The Declaration recognizes the human rights of individuals who are not nationals of the country in which they live and recognizes the need to expand the guarantee of human rights specifically to persons who live in countries without having citizenship.

Article 7-Equality before the law All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 7 makes two important contributions to the Declaration: the open-ended statement that everyone is entitled to equal protection and the prohibition against incitement to discrimination. The thrust of the Article is protection by the law, which in turn requires the state or international body administering the legal system to affirmatively protect the individual. This is, of course, a major problem when legal systems are corrupt, racist or otherwise discriminatory. The phrase “without any discrimination” was intended to prohibit future types of discrimination that are not specifically enumerated in the Declaration. In the early 21st century, international human rights advocates focused on protecting the rights of persons regardless of their sexual orientation, gender identity, gender expression or sex characteristics. The protection against incitement to discrimination appears to conflict with the rights of freedom of speech found in Article 19. It seems to support government action to prohibit hate speech and to require governments to balance the right to speech with the right to be protected from hate speech. The incitement clause makes another important contribution because it recognizes that the actual perpetrator of the discrimination may not be the intellectual author of it and that the author is equally culpable. This accountability is essential to prosecute higher-level officials in a bureaucracy that discriminates in violation of the Declaration. The breadth of the Article suggests that many kinds of records would support the exercise of the rights to non-discrimination it seeks to protect. Court records, records of lawmaking bodies, and records of non-governmental organizations devoted to protesting discrimination are key sources. In our constitution, article 27, 31, 32 follow this article.

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Article 8 -Remedy by Tribunal Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. In April 1948 twenty-one nations of Latin America and the United States adopted the American Declaration of the Rights and Duties of Man, which said, in its article XVIII, “Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights.” The focus on the Article 8 means that the archives of courts, prosecutors, and private attorneys (including those working for human rights NGOs) are important sources, as are the records of government agencies that may be perpetrators. In Bangladesh constitution, Article 44(1) the right to move the High Court Division in accordance with clause (I) of article 102 for the enforcement of the rights conferred by this Part of guaranteed.

Article 9-Freedom from Arbitrary Arrest No one shall be subjected to arbitrary arrest, detention or exile. The substance of Article 9 is rooted in 17th century European ideas of the natural rights of human beings. Article 9 is squarely about individual human rights. In Bangladesh constitution, Article 33 is given the declaration same as this article.

Article 10-Fair Public Hearing Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. The drafters of this Article were determined to countermand the corrupted processes of the Nazi legal system. Originally the draft simply provided a right of access to “independent and impartial tribunals;” later the idea of a right to a public hearing was introduced. Monitoring court processes is an important spur to fair trials. The archival records that document the fairness of a trial begin with the records of the 15 | P a g e

courts, whether civil, criminal or administrative, national, regional or international. The records of attorneys are relevant, both government prosecutors and private lawyers, as are the records of the ministry of justice. Human rights NGOs and legal aid lawyers have records documenting the trial process, as do associations of defense lawyers and bar associations.

Article 11-Innocent until Proven Guilty (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 11 contains three ideas in two paragraphs: the presumption of innocence, the right to a defense, and the non-retroactivity of law. The archival records that support Article 11 are those of the courts (local, domestic, regional, International) including the judiciary, the prosecutors and defense counsel, and the NGOs that monitor the judicial process. The Article requires public archives to preserve authentic official laws of the states; for some countries this is the published law (for example, Germany) and for others this is the signed law (for example, the United States).

Article 12- Privacy No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks. This article dealing with economic, social and cultural rights. It is a complex article, referring to rights ranging from interference with correspondence to attacks on honor. The United Nations Population Fund uses Article 12 in support of the right to decide the number and spacing of one’s children and to have access to contraception methods (About Us, n.d.). Outright International cites Article 12 when arguing for the privacy rights of gay men and women (Outright Action International, 2022). The overarching question of digital security and digital privacy affects us all. 16 | P a g e

Facebook and other social media postings, blog essays, recorded call-in radio programs: these are just a few of the records that might be implicated in an Article 12 “honour and reputation” case. Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each state. 2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. 17 | P a g e

Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19: Freedom of opinion and expression Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20: Right to assemble Everyone has the right to freedom of peaceful assembly and association. No one may be compelled to belong to an association. Article 21: Right to democracy Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. Everyone has the right of equal access to public service in his country. Article 22: Right to social security Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23: Right to work Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. Everyone, without any discrimination, has the right to equal pay for equal work. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24: Right to rest and holiday Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

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ARTICLE 25-30 Human rights are rights we have simply because we exist as human beings, they are not granted by any state. These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. The United Nations General Assembly made the 30 Universal Human Rights in form of article and in this part of the composition from Article 25-30 will be discussed. • Article 25: Rights to adequate standard of living By this article it defines that every human being should have the right to live in such a place that is livable from all perspective and easy accessibility to other human needs like; adequate food and nutrition, clothing, proper medical assistance and necessary conditions when required. • Article 26: Right to education By this article it simply means that all human being must have the right to get educated regardless of anything. This is also a basic need of a human being. • Article 27: Right to culture, artistic and scientific life There are unique cultures of different communities all around the world and people of every community has the right to promote and support their own culture. The article also claims that all human has the right to present their artistic view, works and thoughts such as making paintings, creating literature or practicing other creative work and the same goes with someone who want to explore the scientific arena like doing research on scientific fields etc. • Article 28: Right to a free and fair world By this article it means no one should be under presence of any other person and all should be treated equally as a human being and there should be no biasness against anyone.

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• Article 29: Duty to your community Every person has some duties towards their community which the community expects to get from us like; keeping the community clean by putting trash in bins and not anywhere else, planting trees to maintain the balance of the nature, doing charity and all kind of positive work that will help keep up the sustainability of the community. • Article 30: Rights are inalienable By this article it means that no right can be taken away from anyone. One has the right to enjoy their rights. All the 30 universal human rights are for every human being and no one can take away a single right from anyone and doing so will be considered as a crime.

Why does the UDHR still matter? The day in 1948 when the United Nations General Assembly announced and ratified the Universal Declaration of Human Rights is still significant today. Its goal was always to provide the universe with a simple blueprint. There are currently more than 80 international treaties, declarations, conventions, legislation, and constitutional measures that use the UDHR as a model. The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which has 182 signatories, is a notable illustration, as it is the framework. This initiative is still quite new in the history of humanity. It's not simple to make those 30 articles a reality, yet despite obstacles like oppression and violent opposition, the world has made great progress in advancing human rights (Soken-Huberty, 2021b). Dutch Minister of State Ruud Lubbers guided the reader through recent governance history in his book, "Inspiration and Global Governance." He emphasized that the foundation of contemporary global governance is the Universal Declaration of Human Rights. In this respect, the UDHR signifies the start of the human rights tradition. The declaration is now available in more than 360 languages, demonstrating its universality and scope. It is also the most translated document in history. It offers both a roadmap for current activity and a set of solutions for potential problems in the future. It has become a benchmark by which people can determine what is good and bad. 20 | P a g e

As Zeid Ra’ad Al Hussein UN High Commissioner for Human Rights said, the Universal Declaration of Human Rights did not put a stop to violations of human rights. But, o Many others have since experienced greater independence. o Independence and autonomy have been attained; violations have been avoided. o Many people, though not all, have been successful in securing freedom from torture, wrongful incarceration, summary execution, enforced disappearance, discrimination, and persecution, as well as fair access to education, job opportunities, and sufficient resources and healthcare. o Through the robust framework of the international human rights legal system, they have been able to get justice for wrongs and national and international protection for their rights. The UDHR also led to the following further international agreements: • Prosecution of war crimes by the International Criminal Court, in 2002. • In 2005, General Assembly imposed a moral duty on nations to help other nations that have experienced civil war or mass unrest. • An agreement on the rights of the disabled in August 2006. • Adoption of the United Nation’s Universal Declaration of Indigenous Rights in September 2007. • Reducing or minimizing the death penalty throughout much of Europe and other nations. (Welch, 2015) Regional Influence of UDHR: The Declaration of Human Rights has had a prestigious influence on various regional instruments in Europe, America and Africa. Most of the civil and political rights provisions of the European Convention on Human Rights and Fundamental Freedoms adopted in Rome on 4 November 1950 by the Council of Europe are taken from the UDHR. (Bari, 1994). National Influence of UDHR: Since the Universal Declaration of Human Rights was adopted, nearly all independent states have given the UDHR's ideas of human rights a respectable place in their founding documents. India, Pakistan, Bangladesh, Malaysia, Uganda, Kenya, etc. are a few examples. (Bari, 1994). For instance, the constitution of Bangladesh broadly embraces universally declared human rights. A total of 18 freedoms and rights are listed as "fundamental rights" in the third section. (Article: 27-44) Bangladesh Constitution). 17 of these are described in the UDHR. 21 | P a g e

The Universal Declaration of Human Rights is the source of power that can lead to change for the whole universe and all people. It encourages us to start fighting for the freedom, equality, and dignity of all people. As a result, the UDHR is extremely important on a global scale, both at the regional and national levels.

Loop Holes in UDHR: The UDHR has established its reliability over seven decades. But arguments continue to be raised. The "u" in the UDHR—universality—continues to be discussed in relation to cultural diversity. Even though the ideals of the declaration have often been repeated, others believe that there are too many cultural or regional differences for there to be any real universal criteria. (Welch, 2015) The Universal Declaration of Human Rights is criticized by some as being skewed toward Western culture and failing to pay attention to cultural norms and values found in other nations around the world. Furthermore, it is an effort to force Western values on everyone else (O’Connor, 2020). Besides, ➢ ➢ ➢ ➢

Rights are no-justible. Gap between theory and practice. No provision of duties. It is not legally bounded.

It is a matter of great sorrow that, despite the existence of the UDHR, which includes 30 definite articles and norms governing the various nations of the world, many people have their rights violated in different ways. Millions of individuals are not free. Justice is often unfair, and many parts of the world are still struggling to find peace. We can see a clear example in Ghana, where people are still dealing with issues of human rights violations on a daily basis, including police brutality, discrimination, child abuse, child labour, early or forced marriages, child trafficking, domestic violence, threats and attacks on media freedom, and inhumane and degrading treatment in prisons while convicts are forced to stay on punishment probation and investigation. Unfortunately, Bangladesh's condition is no different 22 | P a g e

from that of other regions of the world. (Ibrahim, 2022)For example, in Bangladesh, "cases of enforced disappearance, extrajudicial killings, and torture continue to occur," in accordance with the statement of International Human Rights Day 2022, observed globally on Saturday, December 10th, with the theme "Dignity, Freedom, and Justice for All." (Rights Groups Concerned About Human Rights Violations in Bangladesh, n.d.) Bangladesh still has a long way to go before realizing its vision or goal of fulfilling the dream of a "golden Bangladesh."

How does Bangladesh put into reality the rights outlined in the Universal Declaration of Human Rights? Civilization, an advanced state of social development, has created a society in which people's rights are prominent the fundamental rights and liberties to which all humans are entitled. These rights are inalienable, indivisible, and interdependent because they are inherent in all humans. Through the adoption and proclamation of the Universal Declaration of human Rights, the modern world came together on the same platform to formulate and codify fundamental human rights as inborn legacy. Bangladesh, a densely populated country, became a member of the United Nations; and since then, it has been working to promote the provisions of the UDHR through various state mechanisms "Judiciary, law enforcement, and so on.

Human Rights and the Universal Declaration of Human Rights: Human rights as we know them now were articulated throughout the world's faiths and philosophies. Significant steps forward in the growth of human rights were taken with the advent of the Magna Carta in 1215, the Petition of Rights in 1628, the Bill of Rights in 1688, the French Revolution in 1789, and the American Bill of Rights in 1791. The United Nations was founded in 1945 in the aftermath of Globe War II with the goal of making the world a safer and better place for people to live. As a result, on December 10, 1948, the Universal Declaration of Human Rights (UDHR) was ratified as a document outlining "human rights and basic freedoms."

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Articles 1-3 are basic philosophy, Articles 3-21 are civil and political rights, and Articles 23-27 are economic, social, and cultural rights; all of these rights are incorporated in the UDHR, along with almost a dozen more. The social and international order are discussed in Article 28, while constraints are outlined in Articles 29 and 30.

The constitution of Bangladesh and the Universal Declaration of Human Rights: The ICCPR, ICESCR, CERD, CEDAW, CAT, and CRC have all been ratified by Bangladesh, and the country is also bound by the UDHR. Provisions covering basic rights spanning from Article-27 to Article-47 have been added into the Constitution of Bangladesh to preserve and promote human rights of its inhabitants, as per the UDHR. It is the inalienable right of every citizen to "enjoy the protection of the law and to be treated in accordance with the law," according to Article 31, and no action detrimental to the life, liberty, body, reputation, or property of any person shall be taken except in accordance with the law (Article 27). The right to "life, liberty, and security of person" is guaranteed under Article 32 (RIGHT TO LIFE, n.d.). Agencies working on Human Rights issues: Human Rights Watch, Amnesty International, and a slew of other international organizations are tackling this problem. Thus, both governmental entities and a wide range of non-governmental organizations are engaged in this field. There are several notable organizations in Bangladesh, including the National Human Rights Commission, AIN o Salish Kendra, Odhikar, ECDO, and Transparency International Bangladesh.

Criminal Justice System in Bangladesh: Major components of our criminal justice system include the police and the courts. Law enforcement agencies are responsible for maintaining peace, prosperity, and security, and the police force is responsible for establishing these conditions. During Queen Victoria's reign, in 1861, the Indian Police Act was passed, which led to the establishment of the Bangladesh Police. In 2004, the Rapid Action Battalion (RAB), the Cheetah Unit, and the Cobra Unit were established to assist the regular police force. Judicial institutions include the Supreme Court, other courts, and legal professionals. 24 | P a g e

Roles of Criminal Justice Systems to establish Human Rights: Bangladesh Police plays a great role in the criminal justice system. Their slogan is "Discipline, Security, Prosperity," and they play a key role in maintaining public order and safeguarding the lives of citizens (Bangladesh Police, n.d.). Here are some of the new policies implemented by police departments to protect human rights: ➢ Bangladesh police opened the country's first Victim Support Center in 2009, and that first year, 270 victims sought help there. Medical, legal, and counseling services, as well as temporary housing, are provided by police officers and non-governmental organization (NGO) officials working at the center. ➢ The creation of the Bangladesh Police Women's Network is a significant step forward in implementing the Women's Policing Strategy on a national and regional scale. And the bigger objective of police reform is to encourage and enable a greater number of women to assume leadership roles within the Bangladeshi police force, so contributing to women's advancement on a global scale (BPWN, n.d.) ➢ There are currently about 20,000 Community Policing Forums operating around the country, and in 2009, nine large-scale community consultations were conducted to address local issues and provide local solutions. A pilot program to implement prisoner release rates of four thousand has been implemented by the paralegal and case coordinator committees of the judicial branch in five districts. About 1,300 cases involving 700 inmates have been transferred to the Additional Dispute Resolution Courts for rehabilitation. Each pilot program has a designated prevention officer who, with the help of the Anti-Corruption Commission, takes steps to reduce the likelihood of corruption occurring. Organizations working to combat corruption record their findings in databases maintained by "Networks" made up of universities, non-governmental organizations (NGOs), and government agencies. Justice Audit, an organization working to improve the legal system, has assessed the ineffectiveness and the difficulties of the current method for the creation of criminal cases, and has suggested solutions.

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Violation of Human Rights in Criminal Justice System of Bangladesh: Day after day, especially since operation clean heart began, law enforcement officials have been flagrantly disregarding citizens' fundamental freedoms. Numerous human rights are being violated by the judicial system as well, including: Executions outside of court, torture, and death in custody: According to 2013 data collected by AIN o Salish Kendra (ASK), 208 people were killed as a result of extrajudicial murders, torture, or while in police or government custody. According to data compiled by ASK, police enforcement agencies have committed at least 1051 extrajudicial killings between 2004 and 2008 (Ain O Salish Kendra (ASK), 2020). A total of 32 convicted inmates and 28 inmates awaiting trial were killed while in jail, according to data compiled by ASK on prisoner deaths (2013). About 53 persons vanished in 2013, and only five of their bodies were found, three were turned up to the authorities, and two were imprisoned; the remainder of the victims are still presumed dead. Human rights violations have lately reached an alarming level in the case of NARAYANGAJ, which involves seven homicides followed by enforced disappearance. At least 43 journalists were harassed, tortured, or threatened by law enforcement in 2013, according to a study by ASK. Two of these journalists were killed in police gunfire. Lack of female police officers and female cells at police stations is a sign of the widespread problem of violence against women. The cases of YASMIN and SEEMA, which have been widely publicized in national daily, are also prime examples of serious violations of human rights while in police custody. Predatory adult behavior toward children and other vulnerable populations: Although it is recommended that children be spoken to gently, the situation in Bangladesh is somewhat different. As members of 48 minority groups were forced to flee their homes in 1971, just 27 remain now (Odhikar, 2013). The 'Ramu' event may also be used to illustrate how the rights of religious minorities have been grossly disregarded.

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Factors responsible for breaching Human Rights by the Criminal Justice System: Human rights abuses are caused by many different things. Several important considerations are ▪ Corruption: According to the 2012 National Household Survey (TIB), 75.8% of law enforcement agency staff were judged to be corrupted throughout the course of the survey's one-year span (Household Survey - Transparency International Bangladesh (TIB), n.d.). So, it's natural to conclude that they violated human rights due to corruption. ▪ Some recent examples show how politicians utilize them for their own benefit, such as issuing shooting orders during a strike or blockade. Politics often has a role in the legal system's decision to punish criminals. ▪ The low starting salaries for police officers (4,500 tk to 40,000 tk) encourage them to engage in illegal activities. The judicial and magistrate pay system is flawed as well. Colonialism and a lack of education on human rights have conditioned them to see each individual as less than human. That they can get away with human rights violations because there are no consequences for their actions is a major motivator. Many of these officials are politically selected, so it's likely that they won't follow the law to the letter because of flaws in the hiring process. On-governmental organizations (NGOs) are either ineffective or mute when it comes to protecting and promoting human rights.

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Conclusion The Universal Declaration of Human Rights is a monumental embodiment for our time of the ancient idea that we all belong to a single global community, and that each human being has moral ties and responsibilities to all others. Today, the UDHR, translated into 350 languages, is the best-known and most often cited human rights document on Earth. By setting out, for the first time, fundamental rights to be universally protected, it is a milestone in the history of human interactions and the cause of human rights. The laws and national constitutions of states, in most instances, will be the first recourse to address any violations of human rights, and should be regarded as the ordinary mode of implementation. In a globalized world, it is also the duty of each state to concern itself to a certain extent with the human rights of persons outside its borders. While states have the primary responsibility for ensuring the human rights of their citizens, there are numerous examples of situations where governments no longer control substantial tracts of territory, no longer control the military or have a monopoly on force, lack legitimacy, and are unable or unwilling to provide public services. The judiciary has a pivotal role to play in upholding human rights. Only an independent judiciary can render justice impartially on the basis of law, thereby assuring the rights and fundamental freedoms of the individual.

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References About us. (n.d.). United Nations Population Fund. https://www.unfpa.org/about-us Ain o Salish Kendra (ASK) . (2020, December 1). Ain O Salish Kendra(ASK). https://www.askbd.org/ask/ Bangladesh Police. (n.d.). http://www.police.gov.bd/ BPWN. (n.d.). https://www.bpwn.org.bd/ Household Survey - Transparency International Bangladesh (TIB). (n.d.). https://www.ti-bangladesh.org/beta3/index.php/en/about-us/what-we-do/researchpolicy/research-knowledge/household-survey Ibrahim, A. (2022, December 11). 2022 World Human Rights Day: Fix ailing economy, address human rights violations - HRRG. MyJoyOnline.com. https://www.myjoyonline.com/2022-world-human-rights-day-fix-ailingeconomy-address-human-rights-violations-hrrg/ O’Connor, T. (2020, November 9). Debating Human Rights – universal or relative to culture? DevelopmentEducation.ie. https://developmenteducation.ie/blog/2014/02/11/debating-human-rightsuniversal-or-relative-to-culture/ Outright

Action

International.

(2022,

August

19).

Our

Purpose.

https://outrightinternational.org/about-us/our-purpose

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RIGHT TO LIFE. (n.d.). BLAST’s Mission Is to Make the Legal System Accessible to the Poor and the Marginalized. https://www.blast.org.bd/issues/righttolife Rights groups concerned about human rights violations in Bangladesh. (n.d.). https://www.aa.com.tr/en/asia-pacific/rights-groups-concerned-abouthuman-rights-violations-in-bangladesh/2760160 Soken-Huberty, E. (2021b, May 30). Why Is The Universal Declaration of Human Rights

Important?

Human

Rights

Careers.

https://www.humanrightscareers.com/issues/why-is-the-universaldeclaration-of-human-rights-important/ United Nations. (n.d.). Human Rights. https://www.un.org/en/global-issues/humanrights

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