P ROTECTIO N S FO R V ICT IMS AND WIT NES SES OF C RIMES BLAST and Others v. Bangladesh and Others [Prohibition of the “Two Finger Test”] (2014 High Court Decision) S UMMARY The Court prohibited the “two-finger” test on women and girl survivors of rape. AP PL ICAB IL IT Y TO RO H I NGYA This prohibition applies to the whole of Bangladesh. Therefore, Rohingya in Bangladesh should be covered this decision. P ROTECTIO N N OT ES The Court reportedly prohibited the practice and ordered medical providers to use the Ministry of Healthissued “Health Protocol for Victims of Sexual Violation,” which follows World Health Organization (WHO) guidelines. In addition, the Court reportedly prohibited lawyers from asking questions during trial that would affect the dignity of victims of rape. Cross-References: INTERNAL (RELEVANT LEGISLATION FOUND IN OTHER SECTIONS OF THIS DOCUMENT): • Constitution of Bangladesh, Arts. 32, 33, 35 & 44 • Legal Aid Services Act, 2000 • Police Regulations of Bengal, 1943 (esp. Sections Sec. 243, 244, 248 & 260) EXTERNAL (INTERNATIONAL HUMAN RIGHTS LAW INSTRUMENTS): • Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), Acceded: 11/06/1984 & Optional Protocol (Acceded: 09/06/2000): — 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 take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women (Article 6) — Obligation of the State to accord women equality with men before the law (Article 15) • 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 prioritize the best interest of the child (Article 3) — Obligation of the State to protect children from all forms of sexual exploitation and sexual abuse (Article 34) — Obligation of the State to adopt appropriate measures to protect the rights and interests of child victims of the practices prohibited under the CRC at all stages of the criminal justice process (Optional Protocol to the CRC on the sale of children, child prostitution and child pornography, Article 8 53 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH