I M M I G R ATIO N L AW, L EG AL STAT US, AND D O C U MENTATI O N
Cross-References:
INTERNAL (RELEVANT LEGISLATION FOUND IN OTHER SECTIONS OF THIS DOCUMENT):
• Constitution of Bangladesh, Arts. 31, 32, 33, 35 & 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 to liberty of movement and residence for individuals lawfully within the State’s territory (Article 12)
— Right to marry and establish a family (Article 23)
— Right of children to have their birth registered and to acquire a nationality (Article 24)
— Right to equality before the law and equal protection of the law (Article 26)
• 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 duly consider the child’s best interests (Article 3)
— Right of children to have their birth registered, to a name, to acquire a nationality, and as far as
possible, to know and be cared for by his or her parents (Article 7)
— Obligation of the State to provide appropriate assistance and protection in the preservation of a child’s
identity, and where a child is illegally deprived of their identity, to take steps to speedily re-establish
their identity (Article 8)
— Obligation of the State to provide appropriate protection and humanitarian assistance to realize the
rights set forth in the CRC and in other applicable instruments (Article 22)
— Obligation of the State to take all feasible measures to ensure protection and care of children who are
affected by an armed conflict (Article 38)
• Convention on Cruel, Inhuman and Degrading Treatment and Punishment (CAT), Acceded: 10/05/1998:
— Prohibition on refoulement to a State where there are substantial grounds for believing that he would be
in danger of being subjected to torture (Article 3)
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH