FA M I LY L AW
Cross-References:
INTERNAL (RELEVANT LEGISLATION FOUND IN OTHER SECTIONS OF THIS DOCUMENT):
• Constitution of Bangladesh, Arts. 41 & 44
• Legal Aid Services Act, 2000
EXTERNAL (INTERNATIONAL HUMAN RIGHTS LAW INSTRUMENTS):
• International Covenant on Civil and Political Rights (ICCPR), Acceded: 09/06/2000:
— Right of men and women of marriageable age to marry and to found a family (Article 23.2)
— Prohibition on forced/coerced marriages (Article 23.3)
— Freedom of religion and religious practice (Article 18.1)
• International Convention on the Elimination of All Forms of Racial Discrimination (CERD), Acceded:
06/11/1979:
— Obligation of the State to ensure equality before the law, including equal treatment before judicial
organs (Article 5.a)
— Obligation of the State to ensure the right to marriage and choice of spouse (Article 5.d.iv)
• Convention on the Rights of the Child (CRC), Acceded: 08/03/1990 & Optional Protocols on the Involvement
of Children in Armed Conflict (Ratified: 09/06/2000) and on the Sale of Children, Child Prostitution and
Child Pornography (Ratified: 09/06/2000):
— Obligation of the State to respect and ensure the rights and protections set forth in the CRC towards
all children in their jurisdiction without discrimination of any kind, irrespective of the child’s or his or
her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national,
ethnic or social origin, property, disability, birth or other status (Article 2)
— Obligation of the State to undertake to protect the child from all forms of sexual exploitation and sexual
abuse (Article 34)
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Acceded: 11/06/1984
& Optional Protocol (Ratified: 09/06/2000):
—O
bligation of the State to take all appropriate measures, including legislation, to modify or abolish existing
laws, regulations, customs and practices which constitute discrimination against women (Article 2.f)
— Obligation of the State to take all appropriate measures, including legislation, to ensure the full
development and advancement of women, for the purpose of guaranteeing them the exercise and
enjoyment of human rights and fundamental freedoms on a basis of equality with men (Article 3)
— Obligation of the State to grant women equal rights with men with respect to the nationality of their
children (Article 9.2)
— Obligation of the State to take all appropriate measures, including legislation, to eliminate
discrimination against women in matters relating to family law, marriage and divorce (Article 16) and to
establish a minimum age for marriage (Article 16.2)
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH