Assessment into Feasibility of Ratifying the OP-icescr from the Context of Justiciability of Economic, Social and Cultural Rights in Bangladesh

Abstract

Justiciability of Economic, Social and Cultural (esc) rights has been a long drawn contested topic in the legal discourse of Bangladesh. Though the emancipation from social and economic exploitation was one of the driving factors behind the emergence of Bangladesh as an independent nation, esc rights are not adequately protected under its Constitutional framework and have received scant judicial protection. Despite the coming into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-icescr) in 2013 and the mounting pressure from global community, Bangladesh seems to have made an unflinching vow of continuing the legacy of denial towards judicial enforcement of esc rights. This article examines the feasibility of ratifying the OP-icescr for Bangladesh.