Realising ESC Rights through Budgetary Allocation: A viable Alternative for Bangladesh
In terms of constitutional articulation CP rights maintain multidimensional relationship with ESC rights. Mere defining a set of rights and characterising them in relation with other rights may not serve the purpose of materialisation of many ESC rights. Apart from ideological dichotomies and the issues related to big and limited government there are concrete budgetary issues involve in the actualisation of ESC rights. Conceptualisation of fundamental rights in the Constitution of the People’s Republic of Bangladesh has been done in a way that governmental agencies and judicial organs take the responsibilities of looking after the CP rights but are quite hesitant to shoulder any direct responsibility for the materialisation of ESC rights. As a result, in most parts of the world ESC rights have become ornamental or rhetorical in character devoid of enforceability through the judiciary. However, budgetary arrangement of resource allocation and distribution cannot completely be indifferent to the ESC rights. Any progressive materialisation in the context of Bangladesh can not overlook any pertinent state policies that should not be concocted with ideological dilemmas of competing political forces aspiring to capture the state powers. In fact this problem limits us many ways to organize or conduct a thorough and neutral research in finding organic relationship between CP and ESC rights. Thus, our attempt is set out from ideological perception, constitutional articulation on the one hand and judicial predicaments and accessibility to minimum sustenance or irrespective of race, religion, gender and ethnic belonging on the other.