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All Journal Nurani Hukum : Jurnal Ilmu Hukum
Suvra, Anika Nower
UNESCO Madanjeet Singh South Asian Institute of Advanced Legal and Human Rights Studies University of Asia Pacific
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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An Analysis of the Mental Health Act, 2018 of Bangladesh: The Relationship between International Treaties and State Laws Suvra, Anika Nower; Ontar, Md.Morshed Hossain
Nurani Hukum Vol 7, No 1 (2024): Justice, Equity, and Human Rights in the Globalized Era: Towards a Harmonized Le
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v7i1.24856

Abstract

Every nation deals with distinct challenges, and deciding how to address or accept them can be complex. Mental health problems are particularly significant among these challenges. Despite increasing global awareness of mental health issues, there remains a notable lack of discussion about the immediate and long-term physical and emotional impacts experienced by individuals with mental health conditions. In Bangladesh, these issues are increasingly prevalent in families, communities, and workplaces, contributing to rising discrimination against people with mental disorders and making it challenging for them to protect their rights in society. The UDHR, ICCPR, ICESCR and CRPD, which advocates for mental health protections, questions how well domestic laws such as the Bangladesh Mental Health Act 2018 meet international standards. Efforts are underway to fully comply with this law, which, like any legislation, has both strengths and weaknesses. Consequently, this paper critically examines both perspectives, focusing on Bangladesh's current struggles to ensure the rights of those affected by mental health issues. The authors assess the broader implications of the Bangladesh Health Act 2018, scrutinizing its objectives, implementation strategies, and its effectiveness in addressing mental health concerns to ensure equitable treatment and uphold the essential legal rights within the country
Emerging Legal Response to Gender-Based Domestic Violence in Bangladesh: Analyzing the Scope and Limitations of Indigenous Legal Regime in light of International Treaties Suvra, Anika Nower
Nurani Hukum Vol 6, No 1 (2023): Assessing National and International Perspectives on Justice and Legal Protectio
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51825/nhk.v6i1.19761

Abstract

Gender-based domestic violence is a concerning global issue, causing significant physical and psychological harm to individuals. Family violence is increasingly recognized not only as a human rights concern but also as a matter of public welfare. Unfortunately, Bangladesh, being one of the world's poorest countries, experiences a high prevalence of domestic violence cases. While Bangladesh has been acknowledged by international frameworks like the UDHR, ICCPR, ICESCR, CEDAW, and DEVAW for protecting individuals, particularly women, from gender-based domestic violence, the implementation of these protections remains questionable. Although Bangladesh has enacted specific legislation to address domestic violence, there is a need to assess its effectiveness in safeguarding the rights of all victims, regardless of gender. This article aims to analyze the scope and limitations of the law in protecting individuals from domestic violence and ensuring their rights. Bangladesh faces challenges in ensuring gender-based rights, as domestic violence incidents involving men, children, and transgender individuals often go unreported. Through this research paper, the author focuses on the objectives of regulations, the enforcement of legal requirements, and the existing limitations within the law to prevent domestic violence and ensure justice for all affected individuals.
Co-Authors Ontar, Md.Morshed Hossain