AC CES S TO E D U CATI ON, EMPLOYMENT, AND HE ALTHCA RE Cross-References: INTERNAL (RELEVANT LEGISLATION FOUND IN OTHER SECTIONS OF THIS DOCUMENT): • Constitution of Bangladesh, Arts. 13, 31, 32, 33, 34, 35 & 44 • Penal Code, 1860 (Sec. 374) • Legal Aid Services Act, 2000 EXTERNAL (INTERNATIONAL HUMAN RIGHTS LAW INSTRUMENTS): • International Covenant on Economic, Social and Cultural Rights (ICESCR), Acceded: 10/05/1998: —O  bligation of the State to recognize the right of all persons to enjoy the highest attainable standard of physical and mental health (Article 12) —O  bligation of the State to recognize the right to education, including free primary education, for all persons (Article 13) • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), Ratified: 08/24/2011: —A  lthough the CMW does not automatically apply to refugees and stateless persons in accordance with Article 3(d), it may be made applicable to these populations in the implementing national legislation, in which case the following rights and protections would apply: —R  ight of migrant workers and their families to leave any State, including their State of origin; and the right to enter and remain in their State of origin at any time (Article 8) —P  rohibition on torture, or cruel, inhuman or degrading treatment or punishment (Article 10) —P  rohibition on slavery, forced or compulsory labour, other than in the context of a sentence of rigorous imprisonment issued by a competent court or compulsory service as part of civil obligations also applicable to citizens (Article 11) —R  ight to practice their religion or beliefs of choice (Article 12) —R  ight to freedom of expression and opinion (Article 13) —P  rohibition on arbitrary or unlawful interference with privacy, correspondence or other communication (Article 14) —P  rohibition on arbitrary deprivation of property (Article 15) —R  ight to personal liberty and security/prohibition on arbitrary arrest/detention and enforceable right to compensation in case of violation of this right (Article 16) —R  ight to inherent human dignity of those detained, including separate accommodation from convicted persons and for detained juveniles (Article 17) —R  ight to equality before the law, to the presumption of innocence, and to basic minimum guarantees such as being informed of charges in a language understandable to them and to the provision of legal aid (Article 18) —P  rohibition on collective expulsion/right to individual examination (Article 22) —R  ight to equal treatment with nationals of the State of employment in regards to remuneration and other conditions of work (Article 25) —R  ight to equal access to take part in the activities of trade unions (Article 26) —R  ight to equal participation and benefit regarding social security (Article 27) —R  ight to receive emergency medical care (Article 28) —R  ight of migrant workers’ children to a name, birth registration and to a nationality (Article 29) 76 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH