International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue I, January 2021 | ISSN 2454–6186

Rights and Protection of Persons with Disabilities in Bangladesh: A Critical Review

Md Asraful Islam^1* & Shajadi Fatema Juhara^2
1 PhD Fellow, Ahmad Ibrahim Kulliyah of Laws (AIKOL), International Islamic University Malaysia (IIUM).
²Advocate, Dhaka Judge Court

Abstract-This paper examines the legal and regulatory framework governing rights and protection of persons with disabilities (PWDs) of Bangladesh in a critical manner. The purpose of this study is to explore and analyze the existing legal system concerning disability rights in Bangladesh with a view to identifying the loopholes and suggesting recommendations for possible solutions. The study uses a legal and doctrinal research methodology followed by an analytical approach. In identifying and interpreting data both primary and secondary legal sources are considered. The study reveals that the current legal framework regulating disability rights in Bangladesh is not well structured and in reality, persons with disabilities are not properly protected by law. Hence, a comprehensive legislation with effective implementation mechanism is indispensable for Bangladesh to enforce the rights of PWDs diligently and efficiently.

Keywords- Persons with disabilities, Disability rights, Legal framework, Protection, Bangladesh.

I. INTRODUCTION

The concept of disability rights is of recent origin and comparatively a new domain in international human rights law. In the modern context of human rights, it is one of the most demanding issues almost in all states. Bangladesh is not also far behind this issue despite of the absence of an effective legal mechanism on disability rights, although a set of substantive and procedural laws are relevant to ensuring such rights. The continuing efforts and movements for recognition, promotion and protection of rights of persons with disabilities in Bangladesh has a decade old history but a snail’s pace development. However, it is true for many countries that existence of law and implementation of the same always do not go parallel and Bangladesh is not an exception to that. This paper is an attempt to examine the prevailing legal and social framework covering rights of persons with disabilities in Bangladesh and also to find the present status of disability rights and to identify the areas for further development keeping consistency with international standard and better practices. It also attempts to find out the loopholes of disability laws of Bangladesh and to suggest some reforms to different stakeholders so that necessary actions might be taken for the betterment of the persons with disabilities and their human rights can be assured equally.