Socio-Economic Rights in the Constitution: From Principle to Practice

Abstract

Socio-economic rights (SERs) in the Constitution of Bangladesh formally assure access to education, health, food, housing, employment, and social security, which are essential for dignity and equality, but they are placed in the non-justiciable Part II as Fundamental Principles of State Policy, creating an ongoing disparity between principles and implementation. This study aims to explore how the real execution of SERs is influenced by constitutional structures, governance weaknesses, and political economy “containment” dynamics. The research develops a conceptual structure linking constitutional design, mediating obstacles, institutional responses, and socioeconomic outcomes via a qualitative thematic documentary analysis of constitutional clauses, legal precedents, government data, and scholarly writings. The findings reveal that, even with notable progress in areas such as basic education, weak enforcement is hampered by insufficient funding, lack of legal support, and reserved judicial interpretation, resulting in marginalized groups possessing rights that are mainly theoretical. Even though they provide certain solutions, indirect methods such as the right to life and public interest litigation remain scattered and dependent on the court’s discretion. The research suggests that to implement SERs, justiciability needs to be reassessed, institutions should be enhanced, and hybrid enforcement mechanisms combining increased judicial oversight, improved governance, and essential legislative minimum standards must be established.

Socio-Economic-Rights-in-the-Constitution-From-Principle-to-Practice

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