Bangladesh National Women’s Lawyers Association vs. Government of Bangladesh & Ors, Petition No. 5916 of 2008 (14 May 2009)

The Bangladesh National Women Lawyers Association filed a petition for the Government to take urgent steps to prevent sexual harassment against women at their place of work or study. At the time the petition was filed, there were no legislative provisions protecting women from abusive behavior by men in high-ranking positions in the workplace or educational institutions. The petition underscored several incidents involving sexual harassment in work or education settings. In its decision, the High Court touched on international covenants to which Bangladesh is a signatory including the Convention on the Elimination of Discrimination of Discrimination against Women, the Universal Declaration of Human Rights, the International Convention on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The High Court stated that courts will not enforce the covenants as treaties and conventions, even if ratified by the State, if not part of the corpus juris of the State unless incorporated in municipal legislation. However, the court can look into these conventions and covenants in the interpretation of Part III of the Constitution on fundamental rights. The provisions of international law to which the country is a party may be used by the courts as legitimate guide in developing common law. However, the courts should act with due circumspection when the Parliament itself has not seen fit to incorporate the provisions of a convention into domestic law.