A Digest of Case Law on the Human Rights of Women - Asia Pacific ...

Bangladesh
CEDAW Country Ratification Report
Ratification
Bangladesh acceded to CEDAW [“the Convention”] on 6 November 1984. The
Government <strong>of</strong> Bangladesh also signed and ratified the Optional Protocol to CEDAW
on 6 September 2000. The Optional Protocol provides that individual and collective
complaints can be made to the CEDAW Committee after exhaustion <strong>of</strong> all domestic
remedies.
Reservations
At ratification the Bangladesh Government originally expressed reservations to Articles
2, 13(a), 16(c) and 16(f) <strong>of</strong> the Convention. The reservations were made on the ground
that the provisions <strong>of</strong> these articles conflict with Sharia law.
On 20 July 1997, the Government subsequently removed its reservations from Articles
13(a) and 16(f). These articles give women equal rights to family benefits and equality
with regard to guardianship and adoption. However, the reservations on Article 2 and
Article 16(c) remain. Article 2 provides that states shall embody principles <strong>of</strong> equality
in their national constitutions and other laws. It provides that States should repeal all
provisions that constitute discrimination against women. Article 16(c) provides for
equal rights in marriage and its dissolution.
Impact
Bangladesh is the first country in South Asia to sign and ratify the Optional Protocol.
However, discrimination persists in Bangladesh under religious based personal laws
due to the continuing reservation to Article 2. The reservation to Article 2 is illogical
because Article 7(2) <strong>of</strong> the Constitution <strong>of</strong> Bangladesh itself states that the Constitution
is “the supreme law <strong>of</strong> the Republic, and if any other law is inconsistent with this
Constitution that other law shall, to the extent <strong>of</strong> the inconsistency, be void”.
Several domestic laws have, however, been enacted or amended to prevent violence
against women and comply with the Convention. The Suppression <strong>of</strong> Violence against
Women and Children (Special Provision) Act 1995, for example, was subsequently
replaced by the Suppression <strong>of</strong> Violence against Women and Children Act 2000.
Although both Acts were enacted to prevent violence, the 2000 Act introduces
changes suggested by women’s organisations. Severe punishments including the death
penalty were introduced for crimes <strong>of</strong> trafficking, kidnapping for ransom and physical
mutilation <strong>of</strong> children for the purpose <strong>of</strong> beggary, which had raised serious concerns
among human rights groups. Recognition <strong>of</strong> the rape <strong>of</strong> boys and two new <strong>of</strong>fences
- sexual harassment and sexual assault - were also introduced. The use <strong>of</strong> videos in
trials (trial in camera) and the prohibition <strong>of</strong> the publication <strong>of</strong> victim’s identity in
the news media were also incorporated. The law continues to ignore, however, other
proposals made by women’s organisations including the incorporation into legislation
<strong>of</strong> domestic violence and marital rape as new <strong>of</strong>fences.
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