AC CES S TO E D U CATI ON, EMPLOYMENT, AND HE ALTHCA RE
Syed Saifuddin Kamal and Another v.
the Government of Bangladesh (High Court
Division, Supreme Court of Bangladesh,
Writ Petition No. 1509 of 2016)
S UMMARY
In this judgment, the High Court Division directed the Ministry of Health and Family Welfare to devise and
implement guidelines on “Emergency Medical Services for Road Accident Victims and Protection of Good
Samaritans,” mandating the provision of emergency healthcare services to victims of road accidents and
protecting good Samaritans rendering aid in good faith.
AP PL ICAB IL IT Y TO RO H I NGYA
The Guidelines apply “in case of accidents on all roads and highways of the country” with no reference to
citizenship. Therefore, the Guidelines apply to Rohingya individuals who fall victim to roadway accidents in
Bangladesh, as well as Rohingya good Samaritans who render aid to such accident victims.
P ROTECTIO N N OT ES
The Guidelines published as a result of this High Court judgment require that all hospitals in Bangladesh
provide immediate first aid and necessary medical intervention to individuals injured in road crashes without
delay and irrespective of potential legal liabilities or consideration of the injured person’s financial capacities
(Section 6).56 If the hospital which has received the patient does not have adequate medical service facilities or
capacities, it may refer the patient to another hospital with adequate facilities, following the provision of first aid
(Section 7, read with Section 8). Failure to provide emergency medical services on the part of physicians/health
care providers is deemed misconduct (Section 9.3) and the certifying/licensing authority is to take disciplinary
action against hospitals which fail to abide by these guidelines (Section 9.4).
The Guidelines also deal with the subject of good Samaritans who provide aid to persons injured in road accidents,
shielding such individuals from being detained or otherwise harassed by hospital authorities beyond recording
the individual’s name and, where applicable, their telephone number (Section 11). Law enforcement officers are
prohibited from harassing good Samaritans who provide assistance to an injured individual (Section 12.5).
Finally, the Guidelines prohibit law enforcement officers from bringing individuals injured in road accidents to a
police station for questioning before they have received medical care (Section 12.1) and to arrange for transport
of the injured person to the nearest hospital if no ambulance is available (Section 12.4).
The Primary Education (Compulsory) Act, 1990
S UMMARY
This Act provides the Government with the authority to declare primary education compulsory for children
residing in any area.
AP PL ICAB IL IT Y TO RO H I NGYA
This Act applies to all children between the ages of six and ten who live in an area where primary education
73
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH
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