Training Manual on Human Rights and Local Governance

MMS
TRAINING MANUAL
Human Rights and Local Governance
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We want participation of ultra-poor people
in decision-making for local development.
Give opportunity and power to local
Government for best utilization of
local resources.
978-984-33-6795-2
Design & Print: A plus Communication
www.apluscom.org

Human Rights and Local Governance
Training Manual
Published in
April 2014
Produced by
Concern Universal, Bangladesh
Manab Mukti Sangtha (MMS)
Funded by
EIDHR programme of the European Union (EU)
Prepared by
Shankor Paul
Head, Human Rights Unit
Concern Universal-Bangladesh
ISBN
978-984-33-6795-2
Training Manual 1
Disclaimer: The “Training Manual” has been developed with the ﬁnancial assistance of the European
Union. And, the views or opinion herein does not endorsed by the European Union.
S.M. Amir Hossain
Deputy Director
Manab Mukti Sangtha (MMS)
Bangobandhu Bridge West Sub Sirajganj
Sadar Upazila,
Sirajganj, Bangladesh.
E-mail: amir.hossainbd@yahoo.com
Shankor Paul
Head, Human Rights Unit
Concern Universal, Bangladesh
House-8 (4-5th
ﬂoor), Road-28, Block-K, Banani
Dhaka-1213, Bangladesh.
E-mail: shankor.paul@concern-universal.org
Website: www.concern-universal.org.bd
For further information, please contact:

Forward
The Training Manual on Human Rights and Local Governance has been developed by Concern Universal,
Bangladesh as integral part of the PRADG (Promoting Rights and Accessibility of the ultra-poor people in
Char land areas through Democratic Local Governance) project with an aims to meet the training needs
of project’s target audiences (i.e. representatives of Local Government Institutions, civil society groups,
ultra-poor groups and team members) and other organizations working on Human Rights and
Governance issues in Bangladesh.
Concern Universal, Bangladesh (CUB) acknowledges the knowledge documents of various organizations
on Human Rights and Governance issues that contribute to develop this training manual.
The issues covered in the manual are conceptual part of Human Rights: meaning, origin and
development, Human Rights Standards, Human Rights violations, uses of Human Rights standards in
Human Rights monitoring; Human Rights Based Approach and its links with empowerment, Gender and
local development; Governance: concept, meaning, elements and challenges; Democratic Local
Governance; Participatory planning and budgeting; Right to Information (RTI) and legal provisions (at UP
level); Legal Aid and Access to justice of the ultra-poor people; Rural judicial system in Bangladesh: as
reference of Village Court.
The manual is made as a user friendly knowledge document by including diagrams, cartons, case studies
etc. A simple Bangla version of this manual will be produced shortly. However, the manual will use as
working document and the learning in practical application of this manual will be replicated for
producing future knowledge documents.
Finally, I would like to acknowledge the eﬀorts and contribution of Mr. Shankor Paul who produced this
manual with sincerity and commitment. I am also thankful to Mr. Amir Hossain, Deputy Director of
Manab Mukti Sangtha (MMS) and Samir Das, Project Coordinator of PRADG project for their inputs in
developing this manual.
I sincerely hope that this manual (English version) will be used eﬀectively for transformation of
knowledge and information on Human Rights and Local Governance issues among all relevant actors
including the representatives of local government institutions, NGOs, civil society, media, researchers
and other strategic stakeholders in Bangladesh.
Cornelis De Wolf
Country Director, Bangladesh
Concern Universal
Training Manual2

ADB Asian Development Bank
ADP Annual Development Plan
CAT International Convention against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
CBO Community Based Organization
CEDAW Convention on Elimination of all forms
of Discrimination against Torture
Cr. PC Criminal Procedure Code
CRC Convention of the Rights of the Child
CRPD Convention on the Rights of the
Persons with Disabilities
CSAG Civil Society Action Group
ECHR European Convention for the Protection
of Human Rights and Fundamental Rights.
EU European Union
ICCPR International Convention on Civil and
Political Rights
ICERD International Convention on the
Elimination of All Forms of Racial
Discrimination
ICESCR International Convention on Economic,
Social and Cultural Rights
ILO International Labor Organization
IMF International Monitory Fund
LDG Local Government Division
MLGRDC Ministry of Local Government and
Regional Development and Cooperatives
LG Local Government
LGSP Local Governance Support Project
LJ Local / Legal Justice
MDG Millennium Development Goal
LGRDC Local Government and Regional
Development and Corporation
NGO Non-Government Organization
NNPC Nari Nirzatan Protirodh Committee
OHCHR Oﬃce of High Commission of Human
Rights
RBA Right Based Approach
RTD Right to Development
SC Standing Committee
UDHR United Nations Declaration on Human
Rights
UN United Nations
UNDP United Nations Development
Programme
UNFCCC United Nations Framework Convention
on Climate Change
UNO Upazila Nirbahi Oﬃcer
UP Union Parishad
UPG Ultra Poor Group
US United States
VDP Village Development Programme
VGD Vulnerable Group Development
VGF Village Group Fund
WHO World Health Organization
Main Acronyms Used
Training Manual 3

Training Manual4
Component Content issues Page
• Introduction
• Target audiences
• Objectives
• Structure of the Manual
• Tips for using the Manual
• Flexibility of the Manual
• What is Right?
• What are Human Rights?
• What is Fundamental Rights? Basic diﬀerences between
Human Rights and Fundamental Rights?
• Origin and development of Human Rights; its Generations
• Human Rights Standards
• Human Rights violations
• Uses of Standard for Human Rights Monitoring.
• Conceptual understanding of Needs and Rights
• Understanding of Rights Based Approach (RBA) and Its links
with empowerment
• Importance of RBA to Local Development
• What is Gender?
• Gender Equality and Equity
• Gender approaches to Development
• What is Governance?
• What is Good Governance?
• What are the basic elements of Good Governance?
• Basic links between Good Governance and Human Rights
• Major challenges towards Good Governance.
Introduction
Session One:
Human Rights and its
Standards
Session Two:
Human Rights Based
Approach to Local
Development
Session Three:
Gender and Local
Development
Session Four:
Understanding of
Governance:
6-9
10-38
39-45
46-55
56-65
Table of Contents

Training Manual 5
66-83
84-92
93-97
98-103
104-112
113-114
Session Five:
Democratic Local
Governance
Session Six:
Participatory Planning
and Budgeting
Session Seven:
Rights to Information and
Local Governance
Session Eight:
Legal Aid and Access to
Justice
Session Nine:
Rural Justice System
Session Ten:
Post-Training Assessment
• What is Local Governance?
• What is Democratic Governance?
• What is Local Government
• Structure of the Local Government
• Structures and functions of the Union Parishad in
Bangladesh
• Standing Committees of the UPs and its functions
• Setting Standards for Democratic Local Governance
• Major challenges towards Good Local Governance
• What is Planning and Participatory Planning
• Major steps in participatory planning and its timeline.
• Major funding sources of the UP
• Budget cycle of the Union Parishad
• What is Right to Information (as per RTI Act, 2009).
• Legal provisions for Right to Information (RTI) at Union
level.
• Ways to improve RTI at UP level.
• What is Legal Aid?
• Provisions of Legal Aid in Bangladesh.
• Rural Judicial system in Bangladesh
• What is Village Court?
• Structure, legal jurisdictions and powers of Village Court”
• Role of UP to functionalize the Village Court.

Training Manual6
INTRODUCTION
1. Introduction
The Training Manual on Human Rights and Local Governance has been developed as integral part of the
PRADG project. This manual is a guiding document for facilitation of training courses to improve the
skills, efficiency, responsiveness of the local government representatives, civil society action groups,
ultra-poor groups and other local stakeholders in dealing with local governance issues. This will
supplement to the mandates of PRADG project for creating an environment of democratic local
governance in target areas of Bangladesh. This manual provides an overview of the doctrine and
framework of human rights and governance as guiding instrument for the target audiences, who will be
engaged in various stages of human rights monitoring, formulation of participatory and gender sensitive
local development planning (including budgeting), prioritization and enforcement of governance
mechanisms in overall local development. It set forth the conceptual understanding of human rights,
gender, governance and socio-legal protection issues in line with UN human rights standards and
national laws & policies. This manual also provides a framework of rights based approach applicable to
the work target audience. It incorporates broadly accepted principles of human rights and governance,
which should be maintained by all in their works with a common mandate. However, the manual
contains a numbers of chapters, which is important to supplement the priority concerns and mandates
of the PRADG project in selected areas of Bangladesh.
1.1 Target audiences
The training manual is intended for a wider target audience. The training module is addressed first to
those responsible for training of the LG representatives, CSAG and UPG members. This can be useful for
the civil society organizations and other institutions who need to standardize their efforts in line with
human rights and governance perspectives in Bangladesh.
The training manual would also be useful to operational works of the project officials in developing
strategic actions and extending collaboration with relevant actors to respond and advocate for particular
rights violation issues in target areas of Bangladesh. In addition, this may assist the state agencies and
other international or non-governmental organizations engaged in human rights and governance works
to develop their own mechanisms and train their officials for integrating participatory and gender
sensitive process to formulate local development plan for implementation.

Training Manual 7
1.2 Objectives
The overall objective of the Manual is to improve the skills, efficiency, sensitivity and impact the PRADG
actions in advancing democratic local governance in target areas of Bangladesh. The specific objectives
are as follows:
1) to provide applicable information on Human Rights and Local Governance issues for better
knowledge, skills, efficiency and responsiveness of local government representatives, CSAG, UPG and
other local stakeholders.
2) to provide information on formulation of participatory, gender sensitive local development planning
and budgeting in line with the provision of Local Government (UP) Act, 2009 and UP Manual.
3) to provide information on socio-legal protection of the ultra-poor people for advancing their access
to local justice system in target areas of Bangladesh.
1.3 Structure of the Manual
The content of training manual is divided into nine specific sessions for clear understanding of human
rights and governance issues:
Segments Components
Lesson-One
Lesson-Two
Session Three
Lesson Four
Lesson Five
Lesson Six
Lesson Seven
Lesson Eight
Lesson Nine
Lesson Ten
Human Rights and its Standards
Human Rights Based Approach to Local Development
Gender and Local Development
Understanding of Governance: Concept, Meaning, Elements, Principles and
Shifting Paradigm
Democratic Local Governance
Participatory Planning and Budgeting
Rights to Information and its Importance for Good Local Governance
Legal Aid and Access to Justice: Ultra poor people’s perspectives
Rural Justice System in Bangladesh
POST-TRAINING ASSESSMENT
1.4 Tips for using the Manual
This training module is produced to provide necessary information for facilitators to attain desired
objective of a particular lesson. For successful completion of training sessions, the users of this module
are requested to consider the following points:

• Each session should be focused on specific objective of the lesson and its contents.
• Training session requires relevant materials (i.e. White board, Marker pen, Flip sheet, VIPP Card-Pin
and Masking tape, Laptop-multimedia). This should be available before the session to conduct the
session smoothly.
• Facilitators should have to be familiar with the session structure and content prior starting a session.
This will ensure confidence of the participants on specific matter.
• Facilitators should have a time management skills. Depending on the level of participants, facilitators
may need to allow more or less time to complete a discussion on an individual content.
• Facilitators should have to read carefully the briefing notes of specific content before the session. If
necessary, they can read relevant reference book/materials and case documents. In relevant cases,
facilitators may use examples to illustrate concepts and ideas.
1.5 Flexibility of the Manual
The facilitators may wish to make changes to the manual to ensure its suitability to the specific
context of the training being offered. The proposed methods, timeline and materials may be changed
depending on the level of knowkldge, skills and according to the established expectations of the
participants. If necessary, new objectives may be added. This may require the addition of new
material, sessions and methods.
Time Day 1 Day 2
Introduction:
- Getting to know each other
- Administrative concerns
- Levelling of expectations
- Course overview
- Formation of Training Management Team
(TMT) and assigning tasks
Review of the Day-1
Participatory Planning and Budgeting:
-What is Planning and Participatory
Planning?
-Major steps in participatory planning and its
timeline
-Major funding sources of UPs
-Budget cycle of the UPs
9:00-10:00
AM
Training Manual8
SUGGESTED TRAINING SCHEDULE

Time Day 1 Day 2
Human Rights and its Standards:
- What are Rights and Human Rights?
- What are Fundamental Rights and diﬀerences
between Human Rights and Fundamental Rights
- Human Rights Standards Human Rights Violations
and Uses of standards for Human Rights Monitoring
Tea Break
Human Rights Based Approach to Local
Development:
- Understanding of Needs and Rights
- Rights Based Approach (RBA) and its links with
Empowerment
Gender and Local Development:
- What is Gender?
- Gender Equality and Equity
- Gender Approaches and Local Development
- Mainstreaming Gender in Local Development
Launch Break
Understanding of Governance
- What is Governance?
- What is Good Governance?
- WhatarethebasicelementsofGoodGovernance?
- Basic links between Good Governance and Human
Rights
- Major Challenges towards Good Governance in
Bangladesh
Local Governance
- What is Local Governance?
- What is Democratic Governance?
- What is Local Government
- Structure of the Local Government
- Structures and functions of the UPs
- Standing Committees and its functions
- Setting Standards for Democratic Local Governance
- Major challenges towards Good Local Governance.
Right to Information and Local Governance:
- What is Right to Information?
- Legal provisions for Right to Information (RTI) at
UP level
- Ways to improve RTI (at UP level)
Tea Break
Legal Aid and Access to Justice:
- What is Legal Aid?
- Provisions of Legal Aid in Bangladesh
Launch Break
Rural Justice System:
- Rural justice system in Bangladesh
- What is Village Court?
- Structure, legal jurisdictions and powers of
Village Court
- Role of UPs to functionalize the Village Court
Training Evaluation:
- Course Synthesis and Evaluation
- Closing Ceremony.
10:00-11:00
AM
11:00-11:30
11:30-1:00
AM-PM
11:00-2:00
2:00-3:00
PM
3:00-5:00
PM
Training Manual 9

Session One
HUMAN RIGHTS AND ITS STANDARDS

Session One:
HUMAN RIGHTS AND ITS STANDARDS
Objective of the Lesson:
The objective of this lesson is to discuss the concept of human rights, its origin, development,
generations and standards. The lessons also introduced hierarchy of rights, basic differences between
human rights and fundamental rights and violation of human rights.
Lessons Contents:
A. What is Right and
B. What are Human Rights?
C. What is Fundamental Rights? What are differences between Human Rights and Fundamental Rights?
D. Origin and development of Human Rights
E. Human Rights and its Generations
F. Human Rights Standards
G. Human Rights violations
H. Uses of Standard for Human Rights Monitoring
A. What is Right?
Generally “Right” is an entitlement of a person. It is an interest that recognized and protected by a rule
of right. It signifies a law, as when i) natural right requires us to keep our promises; ii) it requires quality
in our actions; and iii) requires quality in a person by which he can do certain actions, or possess certain
things that belong to him.
As an example: we use “Right” when we say that a person has a right to his estate or a right to defend
himself. A right entails an obligation and can be enforced.
Salmond classified the “rights” as follows:
Rights over materials
Rights over immaterial property (i.e. copy right, patent right)
Rights in respect of one’s own person
Rights in respect of domestic relations
Rights of reputation
Rights to services.
Training Manual10

Training Manual 11
Rights are primarily divided into two categories:
1. Legal Rights:
Basically, the legal right is an interest that recognized and protected by rule of legal system and justice. The
citizens of a country can enjoy “legal rights” that conveyed by the statutes or legislature. The legal rights are
called as civil rights or statutory rights. It exists in the legal system of a country. It is a capacity of a person
residing in one man of controlling the action of others with the assent and the assistance of the state.
2. Natural/Moral Rights:
Natural Rights are called moral rights or unalienable rights. These rights are unalienable in nature. It
cannot be alienated from the individual. These are not created or conferred by any government or
statute or custom or convention of any political system. It refers a form of moral rights, which are
universally applicable. Natural rights don’t have any territorial or jurisdictional limits. It is morally
universal. Natural Rights are fundamental to legal Systems and Human Rights Movement.
B. What are Human Rights?
Human rights recognize inherent dignity of all human being as the foundation of freedom, justice and
peace1
. Human rights reﬂect the minimum standards necessary for people to live with dignity and
equality. Human rights give people the freedom to choose how they live, how they express themselves,
and what kind of government they want to support, among many other things. Human rights also
guarantee people the means necessary to satisfy their basic needs, such as food, housing, and
education, so they can take full advantage of all opportunities. Finally, by guaranteeing life, liberty and
security, human rights protect people against abuse by those who are more powerful2
.
According to the United Nations, human rights:
Ensure that a human being will be able to fully develop and use human qualities such as intelligence,
talent, and conscience and satisfy his or her spiritual and other needs3
.
Therefore, it reveals that Human Rights a re recognized a set of moral and legal standards to which
governments are to be held accountable. It refers that Human Rights are:
Internationally guaranteed
Legally protected
Focuses on the dignity of the human being
Protects individuals and groups
Places obligations on states and state actors
Cannot be waived / taken away (inalienable)
Equal and interdependent
Universal

It is important to note here that human rights of all individuals and groups are protected by law (‘the rule
of law’). The basic notion of fact is to protect the individuals or groups against the (arbitrary) use of state
power. The attention is therefore focused on those rights which oblige the government (State) to refrain
from certain actions that violates human rights. Human Rights entail to establish rules for
standardization of basic relations between the state and individual, and between individuals themselves.
As an example: the right to life means that the state (government) must take all necessary actions (i.e.
legal/administrative/judicial) to protect people against extrajudicial killing, torture, homicide or
enforced disappearance by state agencies or by fellow individuals.
Basic Characteristics:
Inherent Indivisible
Human Rights
Lives with
Dignity
Inalienable Universal
Human rights do not have to be given, bought, earned or inherited. They belong to people simply
because they are human – human rights are ‘inherent’ to each individual. Human rights are inherent
because we are born with them.
Human rights are the same for all human beings regardless of sex, religion, ethnicity, political, or other
opinion, national or social origin. We are all born free and equal in dignity and rights – human rights
are ‘universal’. Human rights are universal because they apply to everyone in the world.
Human rights cannot be taken away - no one has the right to deprive another person of them for any
reason. People still have human rights even when the laws of their countries do not recognize them,
or when they violate them –for example, when slavery is practiced, slaves still have rights even though
these rights are being violated – human rights are ‘inalienable’.
To live in dignity, all human beings are entitled to freedom, security and decent standards of living
concurrently – human rights are ‘indivisible.
Figure-1: Characteristics of human rights:
Training Manual12
1
Preamble of the UDHR, 1948
2
The Advocates for Human Rights and the United States Human Rights Network, “A Practitioner’s Guide to Human Rights Monitoring,
Documentation, and Advocacy”, January 2011. Also available at: http://www.theadvocatesforhumanrights.org/uploads/ﬁnal_report_3.pdf
3
United Nations CyberSchoolBus, ―Understanding Human Rights,‖ accessed Nov. 10, 2010, http://www.un.org/cyberschoolbus/humanrights/about/understanding.asp

Training Manual 13
C. What is Fundamental Rights?
What are differences between Human Rights and Fundamental Rights?
Fundamental Rights:
Fundamental rights are the specific rights of the people that preserved by the states as integral part of
constitution.
Special characteristics of Fundamental Rights:
It contains specific rights; whenever it is violated it can be re-gained by the Courts.
It cannot be taken away by the States or Government with fraudal means.
The implementation of fundamental rights requires “minimum resources” and “political will of the
state” that’s why it is immediately enforceable rights.
It is enforced by the Court of Law (Article-44 of BD constitution)
It is an integral part of Bangladesh Constitution under the Part III (Article 27 to 44).
It is originated from the ideas of democratic society
The basic differences between the Human Rights and Fundamental rights are as follows:
Human Rights Fundamental Rights
Human Rights Fundamental Rights
1. Human rights contains both basic and absolute
rights of human being
1. It internationally guaranteed and legally
protected by the human rights instruments
2. It is enforced by the United Nations
Organizations
3. It is originated from the ideas of civilized
nations and states
4. It drives with the rights of life with dignity
Example: UDHR contains:
Human Rights and fundamental rights
Civil and political rights
Economic, social and cultural rights.
1. Fundamental rights contains only basic rights of
the people
1. It is constitutionally guaranteed
3. It is enforceable by the Court of Law
4. It is originated from the views of democratic
society.
5. It drives with the rights of fundamental
freedom or liberty.
Example: Fundamental rights of Bangladesh
constitution comprises of civil and political rights.

D. Origin and Development of Human Rights
Human rights are a concept that has been constantly evolving throughout human history. It was
intricately tied to the laws, customs and religions. The roots of the rights of man can be traced in the
Babylonian laws about 4000 years ago. The Babylonian King Hammurabi issued a set of laws to his
people called ‘Hammurabi’s Codes’ that created a precedent for a legal system. This kind of precedent
and legally binding document protects the people from arbitrary persecution and punishment.
All the major religions of the world have a humanist perspective that supports human rights despite the
diﬀerences in their content. Human rights are also rooted in ancient thought and in the philosophical
concepts of ‘Natural Law’ and ‘Natural Rights.’ A few Greek and Roman philosophers recognized the idea
of Natural Rights. The Greek philosopher Plato (427-348 BC) outlined that natural law is law that reﬂects
the natural order of the universe, essentially the will of the gods who control nature. This idea of natural
rights continued in ancient Rome, where the Roman jurist Ulpian believed that natural rights belonged
to every person, whether they were a Roman citizen or not.
Figure-2: Changes in the perception of Human Rights: At a Glance:
Training Manual14
Ancient Period
Medieval Period
Modern Period
Ancient Period
Medieval Period
Modern Period
Principles of
Human Rights
Morality
Ethics
True Norms
Reason
Natural Right
Rational
Principles of
Natural Right
Universal moral
standards

Training Manual 15
In the middle ages and later the renaissance, the decline in power of the church led society to place more
of an emphasis on the individual. Documents asserting individual rights, such as: the Magna Carta
(1215), the Petition of Right (1628), the US Constitution (1787), the French Declaration of the Rights of
Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of
today’s human rights documents.
British Magna Carta (1215)
The Magna Carta is a document that King John of England (1166 - 1216) was forced into signing. King
John was forced into signing the charter because it greatly reduced the power he held as the King of
England and allowed for the formation of a powerful parliament. The Magna Carta became the basis for
English citizen's rights. The charter is considered as the beginning of constitutional government in
England. The Magna Carta demonstrated that the power of the king could be limited by a written grant.
The Magna Carta was signed by King John on June 15, 1215
Petition of Right (1628)
The Petition of Right is defined as next recorded milestone in the development of human rights. It is
produced in 1628 by the English Parliament as a statement of civil liberties. The Petition of Right that
initiated by Sir Edward Coke, was based upon earlier statutes and charters. It asserted four principles:
1) No taxes may be levied without consent of Parliament,
2) No subject may be imprisoned without cause shown (reaffirmation of the right of habeas
corpus),
3) No soldiers may be quartered upon the citizenry, and
4) Martial law may not be used in time of peace.
French Declaration of the Rights of Man 1789
The French Declaration of the Rights of Man and Citizen, decreed by the National Assembly in August,
1789. It proclaims that all citizens are to be guaranteed the rights of “liberty, property, security, and
resistance to oppression.” It argues that the need for law derives from the fact that “...the exercise of the
natural rights of each man has only those borders which assure other members of the society the
enjoyment of these same rights.” Thus, the Declaration sees law as an “expression of the general will,
“intended to promote this equality of rights and to forbid “only actions harmful to the society.”
The declaration defines a single set of individual and collective rights for all men. Influenced by the
doctrine of natural rights, these rights are held to be universal and valid in all times and places. For
example, "Men are born and remain free and equal in rights.

American Bill of Rights 1791
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution
on December 15, 1791. The amendments aim to limit the power of the federal government by
protecting the following rights:
1) Freedom of Speech, Press, Religion and Petition
2) Right to keep and bear arms
3) Conditions for quarters of soldiers
4) Right of search and seizure regulated
5) Provisions concerning prosecution
6) Right to a speedy trial, witnesses, etc.
7) Right to a trial by jury
8) Excessive bail, cruel punishment
9) Rule of construction of Constitution
10) Rights of the States under Constitution
James Madison is recalled as Father of the US Constitution and The Bill of Rights. He believed that
citizens needs protection from the state governments and the national government. He initially inserted
42 rights for the protection of individuals but his proposed rights were cut to 27 by the House of
Representatives. And, it was further cut to only 12 by the Senate, and finally only 10 were approved by
the states. These 10 rights became the first 10 amendments to the Constitution and became known as
The Bill of Rights.
E. Human Rights and its Generations
Basically, Human rights are a set of individual and collective rights that have been formally promoted and
protected through international and domestic law since the 1948 Universal Declaration of Human
Rights. After the Universal Declaration, the evolution of expression of human rights and their legal
protection has grown rapidly. Today, the numerous international treaties on human rights promulgated
to which an increasingly large number of nation states are a party define the core content of human
rights that refers to the three generations of rights, which are:
I. First Generation Rights: civil and political rights
II. Second Generation Rights: economic, social, and cultural rights
III. Third Generation Rights: Solidarity rights.
Training Manual16

Training Manual 17
I. First Generation Rights: civil and political rights
The first generation rights began to emerge as a theory during the seventeenth and eighteenth centuries
and were based mostly on political concerns. It had begun to be recognized that there were certain things
that the all-powerful state should not be able to do and that people should have some influence over the
policies that affected them. The two central ideas were recognized in the first generation rights, which are:
Personal liberty
Protecting individuals against violations by the state.
Reference:
The civil and political rights today are set out in detail in the International Covenant on Civil and Political
Rights (ICCPR) and in the European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR).
Civil rights provide minimal guarantees of physical and moral integrity and allow individuals their own
sphere of conscience and belief: for example, the rights to equality and liberty, freedom to practice
religion or to express one’s opinion, and the rights not be tortured or killed.
Legal rights are normally also classified as ‘civil’ rights. They provide procedural protection for people in
dealing with the legal and political system: for example protection against arbitrary arrest and detention,
the right to be presumed innocent until found guilty in a court of law and the right to appeal.
Political rights are necessary in order to participate in the life of the community and society: for
example, the right to vote, to join political parties, to assemble freely and attend meetings, to express
one’s opinion and to have access to information.
In many ways, both historically and theoretically, civil and political rights have been considered
fundamental human rights for which all nation states have a duty and responsibility to uphold.
II. Second Generation Rights: economic, social, and cultural rights
The second generation rights concern how people live and work together with the basic necessities of life.
They are based on the ideas of equality and guaranteed access to essential social and economic goods,
services, and opportunities. They became increasingly a subject of international recognition with the
effects of early industrialization and the rise of a working class. These led to new demands and new ideas
about the meaning of a life of dignity. People realized that human dignity required more than the minimal
lack of interference proposed by the civil and political rights.

Reference:
The social, economic and cultural rights are outlined in the International Covenant on Economic, Social
and Cultural Rights (ICESCR) and also in the European Social Charter.
Social rights are those rights that are necessary for full participation in the life of society. It includes:
the right to education and the right to found and maintain a family but also many of the rights often
regarded as ‘civil’ rights: for example, the rights to recreation, health care and privacy and freedom
from discrimination.
Economic rights are normally thought to include the right to work and fair remuneration, to an
adequate standard of living, the right to leisure time and the right to social security. The economic
rights reflect the fact that a certain minimal level of material security is necessary for human dignity.
Cultural Rights refer to a community’s cultural “way of life” and are often given less attention than
many of the other types of rights. It includes: the right freely to participate in the cultural life of the
community, the right to the benefits of culture; the right to indigenous land, rituals, and shared
cultural practices; and the right to speak one's own language and ‘mother tongue’ education.
However, many other rights, not officially classed as ‘cultural’ will be essential for minority
communities within a society to preserve their distinctive culture: for example, the right to
non-discrimination and equal protection of the laws.
III. Third Generation Rights: Solidarity rights
The idea of the third generation rights is generated as collective rights of the society or people. It
guarantees that all individuals and groups have the right to share in the benefits of development and
earth's natural resources, as well as goods and products that are made through processes of economic
growth, expansion, and innovation. Example: right to sustainable development and right to peace or to
a healthy environment.
Reference:
Right to Development (RTD) was codified in a 1986 UN General Assembly Declaration.
“The right to development is an inalienable human right by virtue of which every human person and all
peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political
development, in which all human rights and fundamental freedoms can be fully realized.” -- Article 1, UN
Declaration on the Right to Development.
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Article-1: Right to Equality
(All human beings are born free and equal in dignity and rights).
Article-2: Freedom from discriminations
(Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction)
Article-3: Right to life, liberty and security of person.
Article-4: Protection from slavery or servitude
Article-5: Protection from torture or cruelty, inhuman or degrading treatment or punishment
Article-6: Recognition as a person before the law
Article-7: Equality before the law & equal protection of the laws without any discrimination
Article-8: Eﬀective remedy before the national tribunals
Article-9: Freedom from arbitrary arrest, detention or exile
Article-10: Rights to fair and public hearing by an independent and impartial tribunal.
Article-11/1: Presumptions of innocence until proved guilty according to law in a public trial.
Article-11/2: Freedom from ex-post facto laws
F. Human Rights Standards
I. Sources human rights standards in the international instruments:
The basic human rights standards for all people and all nations ﬁrstly adopted and declared by the
United Nations4
on 10th
December 1948 as Universal Declaration of Human Rights (UDHR). The standard
initially introduced a numbers of rights and entitlements in relation to:
Human Rights and fundamental rights (Article 1-2)
Civil and political rights (Article 3-21)
Economic, social and cultural rights (Article22-27).
Entitlements to live in disciplinary social and internal orders (Article 28-30).
Though it has no legal binding on states but every states of United Nations accepted the rights provisions
as part of their moral obligation to protect human rights for all. Because the UDHR denoted that-
“All human beings are born free and equal in dignity and rights” (Article-1) and “Everyone is entitled to all the
rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status” (Article-2).
UDHR also recognized the following rights entitlements for all human being as guiding instruments for
the UN member states:
4
Basic standard inserted by United Nations in the Universal Declaration of Human Rights in 1948. For details, see: http://www.un.org/en/documents/udhr/

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It is noted here that this (UDHR) was a declaration of United Nations but it has no legal obligations for
the member states. Considering that from 1948 to 1966, the UN Human Rights Commission’s main task
was to create a body of international human rights law based on the Declaration, and to establish the
mechanisms needed to enforce its implementation and use. As a result, Human Rights Commission
produced two major human rights instruments in 1966. These are as follows:
1) the International Covenant on Civil and Political Rights (ICCPR); and
2) the International Covenant on Economic, Social and Cultural Rights (ICESCR).
Article-12: Right to privacy, family, home and correspondence
Article-13/1: Right to freedom of movement and residence within the borders of each state
Article-13/2: Right to leave any country, including his own and to return to his country
Article-12: Right to privacy, family, home and correspondence
Article-13/1: Right to freedom of movement and residence within the borders of each state
Article-13/2: Right to leave any country, including his own and to return to his country
Article-14: Right to seek and to enjoy in other countries asylum from persecution.
Article-15: Right to a nationality and freedom to change nationality.
Article-16: Right to marriage and family.
Article-17: Right to own property
Article-18: Right to freedom of thought, conscience and religion
Article-19 Right to freedom of opinion and expression
Article-20: Right to freedom of peaceful assembly and association.
Article-21: Right to participate in the Government and in free elections
Article-22: Right to social security
Article-23: Right to work, free choice of employment and equal pay for equal work
Article-24: Right to rest and leisure
Article-25: Right to a standard of living adequate for the health and well-being of himself and of his family
Article-26: Right to education
Article-27: Right to participate in cultural life of the community
Article-28: Right to a good social and international order
Article-29: Community duties essential to free and full development
Article-30: Freedom from state, groups or personal interference in the above rights

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Both become international law in 1976. Together with the Universal Declaration of Human Rights
(UDHR), these two instruments (along with two protocols) comprise what is known as the “International
Bill of Human Rights.”
1) International Covenant on Civil and Political Rights (ICCPR), 1966
This Covenant was adopted by the United Nations General Assembly on 16 December 1966 and entered
into force on 23 March 1976. By the end of 2001, the Covenant had been ratified by 147 states.
Bangladesh accessioned it on 6 Sep 2000. Basically the civil and political rights and freedoms that were
introduced in UDHR (as Article 3-21) elaborated further in this covenant. This Covenant consists of 53
Articles and is divided into VI parts. The part-I, II and III enumerated a numbers of rights provisions while
other parts are introduced implementation procedures for effective realization of these rights.
Article 1 refers that
All peoples have the right of self-determination. By virtue of that right they freely determine their
political status and freely pursue their economic, social and cultural development.
All peoples may, for their own ends, freely dispose of their natural wealth and resources without
prejudice to any obligations arising out of international economic co-operation, based upon the
principle of mutual benefit, and international law. In no case may a people be deprived of its own
means of subsistence.
The States Parties shall promote the realization of the right of self-determination, and shall respect
that right, in conformity with the provisions of the Charter of the United Nations.
INTERNATIONAL BILL OF RIGHTS
International Covenant on
Civil and Political Rights
(ICCPR), 1966 and its Protocol
International Covenant on
Economic, Social and Cultural Rights
(ICESCR), 1966 and its Protocol
Universal Declaration of Human Rights
(UDHR), 1948

Article 2-5 stipulates a set of rights and obligations on the states. This includes obligation of state to
respect all individuals within its territory without distinction. The obligation also refers to take
necessary steps and measures (legal, judicial, administrative or others) to give effect to the rights
recognized in the Covenant. States are obliged to ensure the right to equality between men and
women in the enjoyment of their civil and political rights
Article 6-27 (Part-III) deals with specific civil and political rights of the people, which are as follows:
The right to life and survival (Article 6).
The freedom from inhuman or degrading treatment or punishment (Article-7).
The freedom from slavery, servitude and forced labor (Article-8).
The right to liberty and security of the person and freedom from arbitrary arrest or detention
(Article-9).
The right of detainee to be treated with humanity (Article-10).
The freedom from prison due to debt (Article-11).
The right to liberty and freedom of movement (Article-12).
The freedom of alien from arbitrary expulsion (Article-13).
The right to equality before the law; the right to be presumed innocent until proven guilty and
to have a fair and public hearing by an impartial tribunal (Article-14).
The right to non-retroactive application of criminal law (Article-15).
The right to be recognized as a person before the law (Article-16).
The right privacy and its protection by the law (Article-17).
The freedom of thought, conscience and religion (Article-18).
The freedom of opinion and expression (Article-19).
Prohibition of propaganda advocating war or national, racial or religious hatred (Article-20).
The right to peaceful assembly (Article-21).
The right to freedom of association (Article-22).
The right to marry and found a family (Article-23).
The rights for children (status as minors, nationality, registration and name) (Article-24).
The right to participate in the conduct of public affairs, to vote and to be elected and access to
public service (Article-25).
The right to equality before the law and equal protection (Article-26).
The rights, for members of religious, ethnic or linguistic minorities, to enjoy their culture,
practice their religion and use their language (Article-27).
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2). International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
This Covenant was adopted by UN General Assembly under the resolution 2200A (XXI) of 16 December
1966. It came into force on 3rd
January 1976. Bangladesh accessioned it on 5 October 1998.
Basic provisions
The ICESCR contains with 31 Articles, which are divided into five parts. Particularly the PART: I and PART:
III of this Covenant introduced a set of rights provisions, which are as follows:
Right to self-determination (Article-1)
Right to work (Article-6).
Right to just and favorable condition of work (Article-7).
Right to form and join trade unions (Article-8).
Right to social security, including social insurance (Article-9).
Right related to motherhood, childhood, marriage and the family (Article-10).
Right to an adequate standard of living for himself and his family and right to be free from hunger
(Article-11).
Right to the enjoyment of the highest attainable standard of physical and mental health
(Article-12).
Right to education. Primary education should be compulsory and free to all (Article-13).
Right to take part in cultural life; enjoy the benefits of scientific progress (Article-15).
It is noted here that all the civil and political rights (mentioned above) are not absolute and are
not subject to any restrictions except those are provided by law, are necessary to protect
national security, public order, public health or morals or the rights and freedoms of others.
Besides, Article-4 (2) denotes that there are certain rights in which no derogation can be
made, such as: Right to life (Article-6); Freedom from inhuman or degrading treatment or
punishment (Article-7); Freedom from slavery, servitude and forced labor (Article-8); Freedom
from prison due to debt (Article-11); Non-retroactive application of criminal law (Article-15);
Right to be recognized as a person before the law (Article-16); and Freedom of thought,
conscience and religion (Article-18).

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State obligations:
The ICESCR, 1966 adopted a significant approach in determining the state obligations, which defined in
the Article-2. It pin pints that state parties have undertaken legally binding obligations to take steps, to
maximization of their available resources, to achieve progressively the full realization of economic, social
and cultural rights that set forth in the covenant. Hence, the concept of progressive realization
constitutes a recognition of the fact that full realization of all economic, social and cultural rights will
generally not able to achieve in a short period of time. In this case, all state parties have an obligation to
begin immediately to take necessary steps for full realization of the rights contained in the covenant.
State parties shall use appropriate means including:
Legislative
Administrative
Judicial,
Economic, social and educational measures in line with the nature of rights.
The state obligation of progressive achievement does not only refer to an increase of resources, but
even more to an increasingly effective use of the available resources that will ensure everyone’s
satisfaction without discrimination to fulfill their rights. Hence, the available resources include:
Internal resources of the state parties;
International cooperation and assistance.
Article-2 also reveals that the realization of rights by the states may vary in terms of their internal
resources and ability of its effective uses. Because, there are some states in developing countries
invariably face different problems in terms of their available resources, so different criteria will have to
be applied for different states in determining the obligations.
The Covenant has certain reluctance to immediate implementation of the rights provisions. There is
a concern that the implementation of Economic, social and cultural rights require maximization of
available resources and external assistance/cooperation. It bears a sense that each state invariably
faces different problems in terms of their available resources and so different criteria will have to be
applied for different states in determining the obligations. As an example: Right to an adequate
standard of living for himself and his family (Article-11). It requires more resources, external
cooperation and more time to reach into a standard by the state party like Bangladesh.

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In addition to that United Nations adopted a numbers of treaties and conventions to focus on the rights
of a particular group of people, such as: women, children, migrant workers, persons with disabilities,
indigenous people. The major treaties and conventions of the United Nations that signature,
accessioned or ratified by Bangladesh are as follows:
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
(Bangladesh accessioned it on 6 Nov 1984);
Convention on the Rights of the Child (CRC), 1989 (Bangladesh ratified it on August 1990);
International Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT),1984 (Bangladesh accessioned it on 5 Oct 1998);
International Convention on the Elimination of Racial Discrimination (ICERD),1965(Bangladesh
accessioned it on 11 Jun, 1979);
Convention on the Rights of Persons with Disabilities (Bangladesh ratified it on30 Nov 2007);
The United Nations Framework Convention on Climate Change, 1992 (Bangladesh ratified it on
15 Apr 1994);
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, 1990 (Bangladesh accepted it with signature on7 Oct 1998).
ILO Convention on the Worst Forms of Child Labor, 1999 (No 182) – (Bangladesh ratified it on 12
Mar 2001).
In addition to that Bangladesh is a signatory in a numbers of declarations as member states of United
Nations. It also bears moral obligations to comply with the rights standards mentioned in the
declarations. As state party of the UN treaties and conventions, or as UN member state, the government
of Bangladesh is primarily responsible to implement human rights.
Human Rights standard for Women:
Women rights have been considered as human rights since 1945 (at the time of establishment of the
United Nations). The preamble of the UN Charter reaffirms faith in fundamental rights, in the dignity and
worth of the human person, in the equal rights of men and women. Article-1 (3) of the UN Charter refers
that the purpose of UN is to achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for
human rights and for fundamental freedoms for all without distinction as to race, sex, language, or
religion. Considering that Universal Declaration of Human Rights (UDHR), 1948 asserts the principles of
non-discrimination and proclaim that all human being are born free and equal in dignity and rights and

that everyone is entitled to all the rights and freedom set forth therein, without distinction of any kind,
such as race, colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.
On the basis of international commitment, UN general assembly adopted a Declaration on the
Elimination of Discrimination against Women in 7th
November, 1967 in line with the provisions of UDHR,
1948. As it has no legally binding obligation on UN member states, in 1979 the United Nations General
Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW) for legal implementation of the Declaration on the Elimination of Discrimination against
Women. It is defined as an international bill of rights for women that came into force on 3 September
1981.
CEDAW consists of a preamble and 30 Articles. It can be divided into following three broad categories:
1. Article 1-16 : ensuring equality between men and women.
2. Article 17-22 : UN CEDAW Committee and its mandate.
3. Article 23-30 : administration of the treaty.
Article-1 of the CEDAW defines “discrimination against women” in the following terms:
“Any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of
impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field”.
By accepting the Convention, States commit themselves to undertake a series of measures to end
discrimination against women in all forms, including:
to incorporate the principle of equality of men and women in their legal system, abolish all
discriminatory laws and adopt appropriate ones prohibiting discrimination against women;
to establish tribunals and other public institutions to ensure the effective protection of women
against discrimination; and
to ensure elimination of all acts of discrimination against women by persons, organizations or
enterprises.
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Women’s rights provisions in the CEDAW:
Article 3: Equality.
Women are fundamentally equal with men in all spheres of life.�Countries�must take measures to uphold
women's equality in the political, social, economic, and cultural fields.
Article 4: Temporary special measures
Countries may implement temporary special measures to accelerate women's equality.
Article 5: Prejudice.
Countries agree to modify or eliminate practices based on assumptions about the inferiority or superiority
of either sex.
Article 6: Suppress Trafficking of women
Countries agree to take steps to suppress the exploitation of prostitution and trafficking in women.
Article 7: Political and public life
Women have an equal right to vote, hold public office, and participate in civil society.
Article 8: International work
Women have the right to work at the international level without discrimination.
Article 9: Nationality.
Women have equal rights with men to acquire, change, or retain their nationality and that of their
children.
Article 10: Education.
Women have equal rights with men in education, including equal access to schools, vocational training,
and scholarship opportunities.
Article 11: Employment.
Women have equal rights in employment, including without discrimination on the basis of marital status
or maternity.
Article 12: Health.
Women have equal rights to affordable health care services.

Article 13: Economic and social life
Women have equal rights to family benefits, financial credit, and participation in recreational activities.
(a) The right to family benefits
(b) The rights to Bank loans, mortgages and other forms of financial credit.
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
Article 14: Rural women
Rural women have the right to adequate living conditions, participation in development planning, and
access to health care and education.
Article 15: Equality before the law
Women and men are equal before the law. Women have the legal right to enter contracts, own property,
and choose their place of residence.
Article 16: Marriage and family
Women have equal rights with men in matters related to marriage and family relations.
1. The equal right to enter into marriage
(c) The equal rights and responsibilities during marriage and its dissolution
(f) The equal rights and responsibilities to guardianship, wardship, trusteeship and adoption of children
However, CEDAW provides the basis for realizing equality between women and men through ensuring
women’s equal access to, and equal opportunities in, political and public life – including the right to vote
and to stand for election – as well as education, health and employment. States parties agree to take all
appropriate measures, including legislation and temporary special measures, so that women can enjoy
all their human rights and fundamental freedoms.
Besides, the CEDAW is the only human rights treaty which affirms the reproductive rights of women and
targets culture and tradition as influential forces shaping gender roles and family relations. It affirms
women’s rights to acquire, change or retain their nationality and the nationality of their children. States
parties also agree to take appropriate measures against all forms of traffic in women and exploitation of
women. The countries that have ratified or acceded to the CEDAW are legally bound to put its provisions
into practice. They are also committed to submit national reports, at least every four years, on measures
they have taken to comply with their treaty obligations.
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Human Rights standards for Children:
The rights of children are functionally recognized by the League of Nations through the Geneva
Declaration of the Rights of the Child, 1924. This refers that the children has the right to receive the
requirements for normal development, the right of the hungry child to be fed, the right of the sick child
to receive health care, the right of the backward child to be reclaimed, the right of orphans to shelter,
and the right to protection from exploitation. The child rights provisions are also revealed in the
Article-25 (2) of the UDHR, 1948 as “childhood is entitled to special care and assistance”. Based on the
principles of UDHR, the United Nations adopted the Declaration of the Rights of the Child (1959), which
enunciated ten principles for the protection of children's rights, including the universality of rights, the
right to special protection, and the right to protection from discrimination, among other rights. It is a fact
that the declaration doesn’t have any legal binding on the UN member states, and for this, the United
Nations finally adopted the “Convention on the Rights of the Child (CRC) in 1989, that came into force in
1990.
The Convention has 54 Articles and is divided into three parts. The Convention (as part of Article-1)
states that:
Reservations of Bangladesh in the CEDAW:
Bangladesh ratified the CEDAW on 6th of November 1984 with reservations on Articles 2, 13.1[a],
16.1[c] and [f]. As successful event of advocacy of women led civil action groups and NGOs,
Bangladesh Government has withdrawn its reservation on articles 13 [a] and 16.1 [f]. At present,
two reservations in Bangladesh still remain. These are as follows:
Article 2 which refers to the complete elimination of discrimination through all possible
constitutional, legislative and legal provisions; and
Article 16-1 (c) which refers to the equal rights in marriage and at its dissolution.
Articles 2 and 16 are considered as core provisions of the CEDAW by the United Nations. However,
the Bangladesh Government has placed a reservation of these provisions in the name of conflicting
with sharia law based on the Holy Koran and Sunna. While the Government feels that these
provisions conflict with religious Islamic laws, women feel these reservations limits the protection
and promotion of their rights.
A child means every human being below the age of eighteen years unless under the law applicable
to the child, majority is attained earlier.

The following Rights of the Child are guaranteed in the CRC:
1. Freedom from discriminations (Article 2)
2. Rights to life (Article-6)
3. Right to acquire a nationality (Article-7)
4. right to freedom of expression (Article-13)
5. Right to freedom of thought, conscience and religion (Article-14)
6. Rights of the child to freedom of association and to freedom of peaceful assembly (Article-15)
7. Right to the protection of the law against arbitrary or unlawful interference with his or her
privacy, family, or correspondence (Article-16)
8. Right to information of national and international sources (Article-17)
9. Right to entitlement of special protection and assistance (Article-20)
10.Rights of mentally or physically disabled child to enjoy a full and decent life (Article-23)
11.Right to the enjoyment of the highest attainable standard of health and to facilities for the
treatment of illness and rehabilitation of health (Article-24)
12.Right to beneﬁt from social security, including social insurance (Article-26)
13.Right to a standard of living adequate for the child's physical, mental, spiritual, moral and social
development (Article-27)
14.Right to education (Article-28)
15.Right to rest and leisure, to engage in play and recreational activities (Article-31)
16.Right to be protected from economic exploitation and hazardous/harmful works (Article-32)
17.Right to be protected from torture or other cruel, inhuman or degrading treatment or punishment
(Article-37).
II. Sources human rights standards in the National instruments:
Constitution of Bangladesh:
The Constitution of Bangladesh is a fundamental instrument for the protection of human rights, which is
adopted in 1972. A numbers of human rights provisions in line with UDHR, 1948 enumerated in the
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Constitution of Bangladesh. It is referred in the PART-II and PART-III of the Constitution. Basically, article
8 to 25 of the Constitution, 1972 recognized the provisions of economic, social and cultural rights. It
drives with “basic principles of the state” and “welfare of the citizen”, which is progressively
enforceable.
As reference:
Right to education is clearly recognized in the Article-26 of the UDHR, Article 13 & 14 of the ICESCR, and
Article 28 of the CRC as core rights but the constitution of Bangladesh refers it as part of Article 15 (a)
and Article 17 as the state policy rather as fundamental rights.
Right to social security, which is recognized in the Article22 & Article 25 of the UDHR, Article 9 of the
ICESCR, General Comment No. 19 of CESCR and Article26 and Article27 of the CRC but the constitution
of Bangladesh refers it as part of Article 15 (a) and Article 15 (d) under the principles of state policy.
In addition, Right to work, equal pay for equal work and Right to just and favorable conditions of work
also refers in the constitution of Bangladesh as part of the state policy but not as fundamental rights. It
means that there are still gaps in the constitutional provision to comply fully with the obligation of
international human rights law.
In spite some gaps, the constitution of Bangladesh has strongly declared 18 rights provisions (Article 27
to 44) as fundamental rights, which are legally guaranteed and judicially enforceable. Off these 18
fundamental rights, only 12 rights provisions are granted to citizens of Bangladesh and remaining 6
fundamental rights are granted to all persons. The fundamental rights are guaranteed in the Article-44
of the Bangladesh constitution and the High court division of the Supreme Court is empowered to
enforce fundamental rights under the Article-102 of the Bangladesh constitution. The Supreme Court
has the power to issue certain order and directions for the executive, and or legislature to take necessary
measures for the enforcement of fundamental rights:
Art.15 (a): Responsibility of State to increase standard of living by providing for basic necessities such
as food, clothing, shelter, education and medical care.
Art.17: State shall adopt effective measures for provision of free and compulsory education to all
children.
Art.15 (d): right to public assistance in cases of undeserved want arising from unemployment, illness
or disablement or suffered by widows, orphans, elderly people or in other such cases.

If the executive does anything in violation of fundamental rights, the citizens can claim for
remedy and the rights can be re-gained by the Courts.
Similarly, if the legislature enacts any law, which is inconsistent with any of the fundamental
rights, the Supreme Court has the jurisdiction to declare that law unconstitutional.
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The provisions of Fundamental Rights for the Citizens of Bangladesh:
1. Equality before the law (Article-27)
2. Discrimination on the ground of religion etc. (Article-28)
3. Equality of opportunity in public employment (Article-29)
4. Prohibition of foreign titles etc. (Article-30)
5. Right to protection of law (Article-31)
6. Freedom of movement (Article-36)
7. Freedom of Assembly (Article-37)
8. Freedom of Association (Article-38)
9. Freedom of thought and conscience and of speech (Article-39)
10. Freedom of Profession (Article-40)
11. Right to Property (Article-42)
12. Protection of home and Correspondence (Article-43).
The provisions of Fundamental Rights for the all people in Bangladesh:
1. Protection of rights to life and personal liberty (Art. -32)
2. Safeguards as to arrest and detention (Article-33)
3. Prohibition of forced labour (Article-34)
4. Protection in respect of trial and punishment (Article-35)
5. Freedom of Religion (Article-41)
6. Enforcement of fundamental rights (Article-44).

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As an example:
1) Article-33 “Safeguards as to arrest and detention” of Bangladesh Constitution that refers as
fundamental rights provides the following safeguards to a person for detention.
Review by an Advisory Board
Right to communication on the ground of detention
Right of representation against the detention order.
2) As the provision of fundamental right, the detainee can challenge the lawfulness of detention
through a writ petition of habeas corpus (under section 491 of Cr.PC) to the High Court based on
the Article 102(b) of the Constitution of Bangladesh.
National legal frameworks:
With the provisions of Constitution, Bangladesh has introduced a numbers of legal instruments to
comply with the international standard of human rights.
Examples:
The Penal Code, 1860
The Code of Criminal Procedure (CrPC), 1898
The Rights to Information Act of 2009
The Legal Aid Act, 2010
The Domestic Violence (Prevention and Protection) Act of 2010
the Pornography Control Act of 2012
The Children Act, 2013
The Human Traﬃcking Suppression and Prevention Act of 2012
The Child Marriages Restraint Act 1929
The Repression of Violence against Women and Children Act, 2000 (amended in 2003)
The Bangladesh Labor Act 2006
The Child Marriages Restraint Act 1929 (as Amendment in 1984)
The Dowry Prohibition Act, 1980.
The Family Court Ordinance, 1985 (Ordinance No. xviii of 1985).
G. What are Human Rights violations?
Generally, Human Rights violation refers to failures of the government (state) to implement or exercise
its legal obligations.
The term “Human rights violation” describes in the United Nations training manual5
“as governmental
transgression of the rights guaranteed by national, regional and international human rights law and acts

and omissions directly attributable to the State involving the failure to implement legal obligations
derived from human rights standards. According to the Training Manual of OHCHR on Human Rights
Monitoring, the events of human rights violation can be occurred in the following ways:
When the law, policy or practices deliberately contravenes or overlooks obligations of the
government concerned or when the government fails to achieve required human rights standards.
Example:
- Extra-judicial killing by state agent is a violation of human rights because as state party of the ICCPR,
1966, Bangladesh has an obligation to protect the right to life of every human being (by law).This means
that nobody should be arbitrarily killed by the state agent (obligation to respect)
Reference: Article-6(1) of the ICCPR, 1966:
“Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life”.
When the government fails to perform its three distinct obligations: obligations to respect protect
and fulﬁll to ensure minimum level of rights (i.e. civil, political, economic, social and cultural), it
constitutes a violation of human rights
Example:
- Restriction to participate in election process is a violation of civil & political rights.
- Forcible work like a Slave is a violation of human rights.
- Keeping accused juveniles and adults in the same place of jails is a violation of child rights.
- Works in risky condition and unequal payment for similar work of men and women is also
violation of rights.
Reference-I: Article-25 (b) of the ICCPR, 1966:
“To vote and to be elected at genuine periodic elections which shall be by
universal and equal suﬀrage and shall be held by secret ballot,
guaranteeing the free expression of the will of the electors?”
Reference-2: Article-8 (1) of the ICCPR, 1966:
“No one shall be held in slavery; slavery and the slave-trade in all their forms
shall be prohibited”.
Training Manual34
5
United Nations, (2001) Training Manual of the OHCHR on Human Rights Monitoring: Professional training series no. 7, United Nations
publications, New York and Geneva, 2001 page-10. Also available at: http://www.ohchr.org/Documents/Publications/training7Introen.pdf

Training Manual 35
Reference-3: Article-10 (2).b of the ICCPR, 1966:
Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication.
Reference-4: Article-7(a) (b) of the ICESCR:
The right of everyone to the enjoyment of just and favorable conditions of work which
ensure, in particular:
(a.1) Fair wages and equal remuneration for work of equal value without distinction;
(b) Safe and healthy working conditions;
When the government action encourages any discrimination on grounds of race, color, sex,
language, religion, political or other opinion, national or social origin, property, birth or other
status with the purpose or eﬀect of abolishing or impairing the equal enjoyment of any human
rights constitutes a violation of human rights.
Example:
- Denying the rights of ethnic, religious or linguistic minorities is a violation of human rights.
Reference: Article-27 of the ICCPR, 1966
Ethnic, religious or linguistic minorities exist in the state shall not be denied the right, in
community with the other members of their group, to enjoy their own culture, to profess
and practice their own religion, or to use their own language.
When any event of “human rights abuses” done by non-state actors, it also constitutes violation
of human rights.
Failures of state to comply
with its legal obligations
Individuals/groups of
people becomes victim
Denying the rights …Human Rights
Figure-1: violation of human rights

It is fact that the denial of human rights is not only a state or non-state actors concern, it may create a
condition of social and political unrest that contributes to generate violence and conflict in the society
and state.
H. Uses of Standard for Human Rights Monitoring
For monitoring of human rights violation, the field officials should use human rights standards, which are
referred in the international human rights instruments (i.e. conventions, treaties and declarations) and
Constitution of Bangladesh. When considering a state compliance with its rights obligations, it is very
much important to analyze the Constitution of Bangladesh and international instruments (where
Bangladesh is a state party) to define responsibilities that places on the government. It is noted here
that the Constitutional provisions provide the first line of defense in cases of human rights violations. It
is easy to apply and widely recognized by the legislature, judiciary and executive in the country as the
‘law of the land’. After that we may compare the constitutional provisions and national laws with
international human rights standards. However, for better uses of human rights standards in monitoring,
the field officials should have to rely on the following steps (figure-2):
Be familiar with national constitution and laws. Then links the national rights provisions with
international human rights standards. It is more useful if the relevant international human rights
instrument (relevant treaty and convention) bears legal obligations on the government of
Bangladesh (as state party).
Therefore, if the national constitution and laws are strong and clear enough, use it for monitoring
the cases of human rights violations.
If there is arises a situations where there are no national constitutional or legal provisions for
protecting a right, the only protection available may be under the specific international human
rights instrument (i.e. Treaty/Convention).
If the national constitution and laws provide no rights protection or if the national rights
guarantees are vague or weak, the international law, legislative records or judicial decisions
(judgments) or other relevant legal documents can be useful to “fill out “the gaps in legal
application.
Training Manual36

Training Manual 37
Therefore, if there is an issue of human rights violation issues should be addressed in line with
international and national human rights instruments. The complaints/cases veriﬁcation and monitoring
requires following:
Are the national constitution
and laws are in line with
Bangladesh’s international
human rights standards and
obligations?
If the national constitution
and laws are strong and
clear, use it for monitoring
the cases of human rights
violations
If the national constitution
and laws provide no rights
protection; or
If the national rights
guarantees are vague/weak
standards for rights
guarantees and ﬁll out the
rights — as provision for
action against rights
violation
Compare the national
constitutions and laws
with international
human rights standards
Figure-2: Uses of human rights standard

Session Two
HUMAN RIGHTS BASED APPROACH TO
LOCAL DEVELOPMENT

Training Manual38
Simple Analysis of a Case: Group work
One morning, a group of vulnerable women in your constituency come to you and say, “Please help
us for survival. We don’t have any work for the last three months, we have already sold all out
household assets including living place to buy food for our family members, now our children are
starving at home. Due to failure to intake minimum food, our children are now becoming sick and
malnourished; please help us come out this situation.
In course of the conversation, you come to know that they belong to a group of villagers who were
engaged in an earth cutting project titled “Food for Works”. When they went to collect their
entitlement of food (wheat), one of women noticed that though they were putting their thumbprints
to receipts showing that they were being given 30 Kilograms of wheat, they were actually being
given 10 Kilograms for each man and 5 Kilograms for each woman. They protested and complain to
the concern officials that they could take what they were being offered. The group of women then
complained to local police in the Thana and in response they assured to take remedial steps. But
when the local police informed that the local chairman are involved in the process who have good
linkages with leading political party, they didn’t take any steps in favour of poor women. And finally,
they found a journalist who appeared sympathetic. They told him the story and he promised to take
this up in the media. The chairman, however, got to hear of this and sent bribe for the journalist (the
women say he was given Tk 5000) and so their story never appeared. Since then the group of women
who were involved have had their cards cancelled and so now they get nothing as the work has been
given to others.
Questions:
What are the issues carry on the story that intend to violates human rights?
What are the rights violates in the story?
Sl. Issue Right Violated
1
2
3
4
5
6
Inadequate food for survival
Discrimination in food allocated to men and women
Failure of government to provide required food
amount
Failure of police to provide protection
Bribe taken by journalist – censorship by local
Chairman
Women’s cards cancelled
Right to food and shelter
Right to equal treatment
Right to the food and assistance you need from the
government to live a life of dignity (Social security)
Right to protection of the law
Right to access information
Right to freedom of expression
Possible answer of Group work:

Session two:
HUMAN RIGHTS BASED APPROACH TO LOCAL DEVELOPMENT
Objective of the session:
At the end of this session, the participants will:
understand the diﬀerence between Rights and Needs
understand what is meant by a Rights Based Approach
understand how to incorporate this way of thinking and acting into our development work
Session Contents:
A. Understanding of Needs and Rights
B. Rights Based Approach (RBA) and Its links with Development
C. RBA and Empowerment
A. Needs Vs Rights:
Generally Need is something that is essential for survival like food, water or shelter. It expresses
necessity because it is essential or very important rather than just desirable. A need can be a legitimate
aspiration but it is not necessary associated with an obligation on the part of government to provide it.
On the other hand, Rights refer a moral or legal entitlement to have or do something. A Right entails an
obligation and can be enforced.
As an Example: Need Vs Rights
Training Manual 39
Friend Friend Employee Boss

Training Manual40
B. Rights Based Approach (RBA) and its links with Development
Rights Based Approach (RBA):
The key concept of Rights Based Approach is that:
Development must build the capacity of rights holders (ultra-poor people) to claim their rights and
of duty-bearers (local institutions and service providers) to meet their obligations.
The process should create the best environment in which people can realise their rights, live with
dignity and in freedom.
Basically, the rights based approach empowers the people and ensures accountability of those with
responsibilities and obligations to others.
The four fundamental principles of a RBA are:
1. The human being is the central subject, participant, owner, director and beneﬁciary of development
2. Development should be based on human rights principles
3. Development should respect the normative content of human rights
4. Development should be coherent with the level and nature of human rights obligations
Is this person saying “I need food” or
“I have a right to food”?
Is this person saying “I need food” or
“I have a right to food”?
See… what diﬀerence does it make if we think of our work as helping people to access their human rights?

Training Manual 41
Figure: A Rights Based Approach to Development
Understanding of Right holder and Duty bearer:
A Rights Based Approach (RBA) determines the relationships between groups of people. Thus, a RBA
must:
identify rights holders and their entitlements
identify corresponding duty bearers and their obligations
strengthen the capacities of rights holders to make claims
strengthen the capacities of duty bearers to meet their obligations
Changes in
Structures:
- Legal
- Civil/Political
- Social
-Economic
Duty bearers:
Fulﬁll obligations
towards Rights
holders
Changes in Lives:
- Attitude
- Empowerment
- Human rights
realized
Rights holders:
Demand their rights
from Duty bearers
Strengthen Accountability
of Duty bearers
Support rights holders to
claim their rights
RightsBasedEﬀorts
Democratic Process
Poverty Reduction

Training Manual42
Who is a rights holder?
All humans are rights holders.
- In development, we think particularly about people whose rights are being denied, aﬀected or
violated.
- This is because a RBA puts the most vulnerable, marginalized and disadvantaged at the center of
development policy.
Rights holders have responsibilities to respect and defend the rights of others.
- Thus, every rights holder is also a duty bearer.
- A rights-holder must exercise their rights with respect for the rights of others.
Rights holders need appropriate capacities to claim and exercise their rights fully and responsibly.
- Knowing your rights is one of the most important aspects of being able to claim your rights.
- Poor and disadvantaged people are often unaware of their rights, and so are vulnerable to
exploitation and abuse.
Who is a duty bearer?
Duty bearers are those with responsibilities in the realization of rights.
Every individual has responsibilities and obligations as duty bearers to others. This is a matter of social and
moral responsibility. In exercising freedoms and rights, everyone must also respect the rights and freedoms
of others
But, the value of a human rights approach is that responsibilities extend beyond moral obligations. Human
rights entail legal obligations too.
There are four types of duty bearers:
1) Those who are immediately responsible for the rights of a group.
Example: Teachers for students, Police to victims of crimes and to criminals, Parents to their children
2) Institutions with responsibilities for those immediately responsible.
Example: Local NGOs, CBOs, local government oﬃcials
3) Institutions at a higher level.
Example: Private corporations, national state institutions, donor agencies
4) External duty bearers.
Example: Foreign organizations with involvement in the country, such as: UN agencies, WHO, IMF.

Training Manual 43
Relationship between Rights-holder and Duty-bearers in Development:
Human Rights create entitlements for rights-holders and oblige duty bearers to protect, respect and
fulfill entitled rights for rights-holders.
Obligations to protect
State and its institutions are obliged to prevent the violation of rights by other individuals or groups.
The State must investigate violations and guarantee access to legal remedies where violations do
occur.
Obligations to respect
The State must not interfere, directly or indirectly, with people’s enjoyment of human rights.
State and its institutions must not carry out, sponsor or tolerate any practice, policy or legal measure
violating the integrity of individuals on impinging on their freedom to access resources to satisfy
their needs.
Legislation and policy must incorporate and respect human rights principles.
Obligations to fulfil
The State and its institutions must take active steps towards the full realization of human rights. This
can mean increasing access to resources and services.
Governments must give priority to meet the minimum rights for the most vulnerable.
Obligation to
Protect
Obligation to
Respect
Obligation to
Fulfil

Training Manual44
C. RBA and Empowerment:
Rights-Based Approach (RBA) contributes to empower people to live with dignity and respect. It
considers human being as central force of development. Therefore, a RBA is:
Steer up a process of change
Equip individuals or group of people to be active participants in decision-making.
Enable individuals or group of people to take control over their lives.
Transform vulnerable individuals or groups into change agent.
A Rights-Based Approach is guided by the principles of Human Rights to create a space for all
individuals to live with dignity and respect. This space steers up the change in legal, civil/political,
social and economic structures to empower people.
“Empowerment implies people - both women and men - taking control over their lives: setting
their own agendas, gaining skills (or having their own skills and knowledge recognized),
increasing self-confidence, solving problems, and developing self-reliance… It is both a process
and an outcome.6
”
Empowerment is defined as both a process and an outcome. A framework developed by Longwe
(1991) provides some useful distinctions between different degrees of empowerment:
1. The welfare ‘degree’: where basic needs are satisfied. This does not necessarily require
structural causes to be addressed and tends to view those involved as passive recipients.
2. The access ‘degree’: where equal access to education, land and credit is assured.
3. The awareness raising ‘degree’: where structural and institutional discrimination is
addressed.
4. The participation and mobilization ‘degree’: where the equal taking of decisions is enabled.
5. The control ‘degree’: where individuals can make decisions and these are fully recognized.
6
UN Definitions

Training Manual 45
Therefore, achieving empowerment through integrating Rights-Based Approach is intimately linked to
addressing the causes of disempowerment and tackling disadvantage caused by the way in which power
relations shape choices, opportunities and wellbeing of individuals or group of people.
As development practitioner, we must make sure that communities know, claim and defend their rights
and that relevant agencies know and perform their duties and responsibilities. Our projects must
support rights holders with power, knowledge, capacities and resources to ensure that they can be
active agents in the development process and can take control of their own destinies.
This framework stresses the importance of gaining control over decisions and resources that
determine the quality of one's life. As the roots of thinking on empowerment lie in feminist theory
and popular education, it is often stressed the personal and inner dimensions of power.
Types of power relations
Power Over: ability to inﬂuence and coerce
Power To: organize and change existing
hierarchies
Power With: increased power from
collective action
Power from Within: increased individual
consciousness
Implications for an understanding of empowerment
Changes in underlying resources and power to
challenge constraints
Increased individual capacity and opportunities for
access
Increased solidarity to challenge underlying
assumptions
increased awareness and desire for change

Session Three
GENDER AND LOCAL DEVELOPMENT

Training Manual46
Session Three:
GENDER AND LOCAL DEVELOPMENT
understand the concept and meaning of Gender
understand the concept of gender equality and equity
understand the gender approaches and its links with local development.
Session Contents:
A. What is Gender?
B. Gender Equality and Equity
C. Gender Approaches and its Links with Local Development
D. Maintreaming Gender in Bangladesh.
A. What is Gender?
The concept of “Gender” emerged in early 1970’s as feminist theorists sought to understand the
complexities of women’s subordination. It reveals that women’s subordination is socially constructed
but biologically determined. Therefore, “Gender” refers to the social differences between female and
male identity. It is determined by the conception of tasks, functions and roles attributed to women and
men in society and in public and private life.
Special Features of Gender:
It defines a relationship between men/boys and women/girls.
Gender roles are learnt over time, because different expectations are held for boys and girls.
Gender roles are determined social and cultural norms.
Gender systems can change over time.
Gender is affected by other insights variables like caste, race and religion.

Training Manual 47
A gender perspective looks at the relative status of women and men in the society. It drives with the
process of equal treatment in terms of:
Rights
Responsibilities
Opportunities,
Power (Decision making);
Treatment or valuation
If the process drives with equal treatments in terms of rights, responsibilities, opportunities, power and
valuation, it may leads to the sustainable development of a country.
Example:
MDG-3 recognizes the promotion of gender equality and empowerment of women, which is explicitly
linked with the Beijing Declaration and Platform for Action.
Status of Gender: Facts and ﬁgures
The status of gender refers condition and position of men and women in the society and state. The
condition relates with quality of life of a particular group (men or women), which are linked with: food,
nutrition, health, housing, cloths, safe water & sanitation and income opportunity etc. On the other
hand, the position relates with individual’s dignity, which are linked with: power, decision-making,
ownership of resources, control and rights. Therefore, the condition and position both are equally
important.
Fact and Figures in Global context:
Women work 67% of the world’s working hours.
Two third of the world’s illiterate people are women
Women’s earning ranges from 50-85% of men’s earnings
Globally women make up just over 10% of representatives in national Government.
Women hold only 15.6% of parliamentary seats globally.

Training Manual48
Table: Status of women in Judiciary system
Table: State and status of women in Government functionaries
Fact and Figures in Bangladesh Context:
Source: Website, Ministry of public administration, 18 Feb. 2014
Status
Judge in Appellate Division*
Judge in High Court Division*
Judge in Lower Judicial Court
District Judge
Asst. District Judge
Asst. and Senior Asst. Judge
Women
1
4
112
14
10
60
Men
7
84
711
150
128
271
Total
8
88
823
164
138
331
Status
Secretary
Additional Secretary
Joint Secretary
Deputy Secretary
Senior Asst. Secretary
Asst. Secretary
Total (number)
70
298
927
1311
1433
1115
Women
5
13
70
105
246
247
Percentage (%)
7.14
4.36
7.55
8.01
17.17
22.15
Source: Law, Justice and Parliamentary Aﬀairs Ministry, Sept. 2006 (* website, Supreme Court, 6 July 2011)

Training Manual 49
Table: Status of women in National Parliament
Table: Status of women in Union Parishad (UP)
Source: Ministry of public administration and Bureau of Statistics, Bangladesh
Source: Ministry of public administration and Bureau of Statistics, Bangladesh (1973-2014)
1973
1979
1986
1988
1991
1996
2001
2008
2014
Men
-
1
5
-
4
11
6
20
282
Women
300
299
295
-
296
289
294
280
18
15
30
30
30
30
30
45
45
50
Reserved seat in the
parliament
Elected parliament member in the
General Election
Year
Women
Men
Total
Number
21
4,477
4,498
Percentage
0.47
99.53
100
Number
13,637
40,339
53,976
Percentage
25.26
74.74
100
Status Chairman Member

Training Manual50
B. Gender Equality and Equity
Gender equality refers to the equal rights, responsibilities, opportunities, beneﬁts, treatment and
valuation of women and men. Gender equality does not mean that women and men need to become
exactly the same, but that their rights, responsibilities and opportunities, the way they are treated and
their work is valued will not depend on whether they are born male or female. Thus women and men can
be and are diﬀerent, but gender equality demands the equal value and fair distribution of:
responsibility
opportunity
workload
decision making; and
power
The equality conceptually refers to three major areas:
Therefore, the attainment of gender equality considers the following elements:
Accountability : Refers to the duty bearers (State/Actors)
Comparability : Refers to the policies and practices
Cultural Values : Refers to the Gender sensitivity
Strategies : Refers to the National plan of action and legal frameworks
All these elements support to the attainment of
equal rights, opportunity and treatments for both
men and women in all spheres of lives (i.e. social,
economic, cultural and political) that can uphold the
provisions of equitable development.
Gender equity is a part of the process through which
we achieve equality. It is not about treating
everyone the same all the time, but about ensuring
1. Political equality:
2. Economic Equality:
3. Social Equality:
It means the respect of individual’s right to life, liberty and property.
It means that the people have the same income or wealth
It means the equality in social status; equality in opportunity and or
equality in treatments

Training Manual 51
that everyone has the same opportunities to participate in the benefits of our projects.
Gender Equity is about the principle and practice of fair allocation of resources, programs and power to
men and women in the personal, educational, social, cultural, political and economic arenas.
Gender equity acknowledges that men and women have different needs and power.
Gender equity recognizes that different approaches may need to be taken to redress historical and social
disadvantages and imbalances to make sure we produce equitable outcomes.
Relations of Gender with Rights:
Gender links with rights whoever both social entity (men and women) have equal access and control
over resources, information/education and time that generate power to make decisions.
INTERNAL
RESOURCES
POWER AND DECISION-MAKING
ACCESS TO END CONTROL OVER
ECONOMIC
AND SOCIAL
RESOURCES
POLITICAL
RESOURCES
INFOR-
MATION/
EDUCATION
TIME

Training Manual52
C. Gender Approaches and its Links with Local Development
United Nations introduced four basic approaches, which are linked with Gender. These are as follows:
Approach-1: Women in Development (WID)
During 1970-80, UN firstly introduced “women in development (WID) approach” with a view to integrate
women in development efforts. This approach argues that women are ignored and excluded from the
development programs. This is believed that development is not obtainable in the absence of women’s
integration into development process. As women seen as under-utilized resource for development, they
can be treated as a valuable resource. This approach contradicts the modernist approach that the
benefits from development will trickle down to women. So, it facilitated advocacy campaign for the
implementation of ‘separate’ or ‘integrated’ projects for women. It was seen as the right solution to
address women’s marginalization. WID assumed that if women are provided access to resources such as
skill training, credits, small-scale income generating activities and home economics, then they will
improve their situation and women will become full economic partners with men.
Approach-2: Women and Development (WAD)
The learning of WID approach encouraged the UN to formulate and integrates “women and
development (WAD) approach” in 1980’s to ensure women participation in the development spectrum.
The approach revealed that women would never get their equal share of development benefits unless
patriarchy and global inequality are addressed. This assures that women are not a neglected resource
but overburdened and undervalued. WAD approach is allowed redistribution of the benefits and
burdens of development between men and women.
Development
Efforts
Women
Development
Women
As unutilized
resource
Integration

Training Manual 53
Approach-3: Gender and Development (GAD)
GAD approach introduced in 1990’s as a process that focuses on gender roles and unequal power
relations in the design and implementation of all policies and programs. It is concerned with gender and
gender relations. It is not advocating for rethinking development concepts and practice as a whole
through a gender lens. Because, it significantly pointed out that unequal gender relations deny women
from accessing or obtaining credit, education, technology and agricultural extension.
Approach-4: Gender Mainstreaming
This approach was introduced as a global strategy for the promotion of gender equality in the Beijing
Platform of Action from the Fourth UN World Conference in Beijing, 1995. This approach seeks to ensure
that the entire policy spectrum will:
Analyze the areas of gender differences and inequalities;
Opportunities for reducing the gender gaps and support for greater equality between women
and men.
Development
Spectrum Women
Participation
Address inequalities
& patriarchy
Women
Development
Gaining benefits
of equal
development
Development
programs and
policies
Women
Rules & regulations
Equitable
Development
Equal rules &
power to men
and women

Training Manual54
Why gender mainstreaming is important?
problem solving approach.
1. It can make development planners and decision makers to become aware of women’s issues.
power and privilege.
development process.
D. Commitments for mainstreaming Gender in Bangladesh
Bangladesh accessioned the CEDAW7
on 6th
8
that granted
Eﬀec ve policy
spectrum for
development
Women
Address gender
inequali es
Gender Equality in
Development
Support in
gender equality
Deﬁning
gender gaps

Training Manual 55
equal rights and treatments for all citizens in line with the (Article 27, 28 (1), 28 (2), 28 (3), 28 (4), 29 (1),
29 (2) and 29 (3). According to this obligation, the Government of Bangladesh has introduced a numbers
of Acts and Ordinances to safeguard equal rights and protection for women and girls.
These are as follows:
Code of Criminal Procedure, 1898 (Act No. V of 1898).
The Code of Civil Procedure, 1908: Act V of 1908
The Suppression of Immoral Traffic Act 1933
The Maternity Benefit Act 1939
The Muslim Family Laws Ordinance 1961
The Children's Act 1974
The Muslim Marriages and Divorces (Registration) Act, 1974
The Dowry Prohibition Act of 1980 (Act No. XXXV of 1980)
The Child Marriage Restraint Act 1929 (as Amendment in 1984)
The Family Court Ordinance, 1985 (Ordinance No. xviii of 1985).
Repression against Women and Children Act 2000 (amended in 2003).
Domestic Violence (Prevention & Protection) Act, 2010
The Hindu Marriage Registration Bill, 2012
In addition, the Government has introduced 'National Women Development Policy 2011' and National
Plan of Action for Women Advancement in line with the Beijing platform of action and UN standards for
the advancement of women. The special attention is also made for addressing gender mainstreaming
issues in formulation of 6th
five year plan (2011-15) of Bangladesh as per Perspective Plan (2010-2021).
Bangladesh is also complying with the UN declaration in observing the following special days for women
as integral part of world campaign:
March 8 : International Women's Day
October 15 : International Day of Rural Women
November 25 : International Day for the Elimination of Violence against Women
The efforts of Government (including non-government actors) are made visible to some extent in
attaining the MDG targets for Bangladesh. But in comparison with the gender differences, the results is
not enough visible for reducing the gaps between men and women towards making a society where
everyone will lead a life with dignity and respect.
7
CEDAW means UN Convention on the Elimination of All Forms of Discrimination against Women
8
http://www1.umn.edu/humanrts/research/bangladesh-constitution.pdf

Session Four
UNDERSTANDING OF GOVERNANCE

Training Manual56
Session Four:
UNDERSTANDING OF GOVERNANCE:
CONCEPT, MEANING, ELEMENTS, PRINCIPLES AND SHIFTING PARADIGM
understand the concept and meaning of Governance
understand the elements of Good Governance
understand the basic links between Good Governance and Human Rights and possible challenges
towards Good Governance in Bangladesh.
Session Contents:
A. What is Governance?
B. What is Good Governance
C. Basic elements of Good Governance
D. Basic links between Good Governance and Human Rights
E. Major challenges towards Good Governance (as reference of Bangladesh)
A. What is Governance?
Generally, “Governance" is: the process of decision-making and the process by which decisions are
implemented (or not implemented).
Contextual Examples:
Corporate governance,
International governance,
National governance and
Local governance.
The Asian Development Bank (1995) deﬁnes Governance as “the manner in which power is exercised in
the management of a country’s economic and social resources for development”.

Training Manual on Human Rights and Local Governance

Training Manual on Human Rights and Local Governance

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