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Judicial Adherence to the Minimum Core Obligation of a Right to Health in Bangladesh

A Critical Review

In: Asia-Pacific Journal on Human Rights and the Law
Authors:
Sheikh Mohammad Towhidul Karim Assistant Professor, Department of Law, International Islamic University Chittagong, Bangladesh; PhD Candidate, Macquarie Law School, sheikh-mohammad-towhidul.ka@hdr.mq.edu.au

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Shawkat Alam Co-Editor-in-Chief, IUCN Academy of Environmental Law eJournal Director of Postgraduate Programs; Professor and Director, Centre for Environmental Law, Macquarie Law School, shawkat.alam@mq.edu.au

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George F Tomossy Senior Lecturer, Macquarie Law School, george.tomossy@mq.edu.au

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Abdullah Al Faruque Professor, Department of Law, University of Chittagong, Bangladesh; Visiting Fellow, Centre for Environmental Law, Macquarie Law School, faruquelaw71@yahoo.com

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Online Publication Date:
04 Jun 2019
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This article examines how a right to health, expressed as a minimum core obligation under international law, can be advanced within the constitutional framework of Bangladesh. Reinforcing this right is important within the post-2015 Development Agenda under the United Nations Sustainable Development Goals. Drawing upon examples of other jurisdictions to develop minimum core obligations of a right to health, it is argued that courts have a key role to play in actively enforcing a right to health to benefit poor, vulnerable and marginalised people. This article proposes that judicial adherence through interpretation of domestic and international law may provide the best mechanism to promote a right to health as a minimum core obligation in Bangladesh.

Title:
Judicial Adherence to the Minimum Core Obligation of a Right to Health in Bangladesh
Article Type:
Research Article
DOI:
https://doi.org/10.1163/15718158-02001004
Language:
English
Pages:
131–158
Keywords:
Constitutional law; public health; right to health; minimum core obligations; judicial adherence; Bangladesh
In:
Asia-Pacific Journal on Human Rights and the Law
In:
Volume 20: Issue 1
Publisher:
Brill | Nijhoff
E-ISSN:
1571-8158
Print ISSN:
1388-1906
Subjects:
Human Rights, Human Rights and Humanitarian Law

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