Introduction

Human rights are rights inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, religion, or any other status. Human rights include the
right to life and liberty, freedom from slavery and torture, freedom of opinion and
expression, the right to work and education, and many more. Everyone is entitled to
these rights, without discrimination.

Policing refers to the activities carried out by law enforcement agencies to maintain
public order, enforce laws, prevent and investigate crimes, and ensure the safety and
security of individuals and communities. Police officers are typically responsible for
patrolling designated areas, responding to emergency calls, conducting investigations,
making arrests, and providing various community services.

The role of policing can vary depending on the jurisdiction and the specific needs of the
community. It encompasses a wide range of duties, including traffic enforcement, crowd
control, counterterrorism efforts, drug enforcement, and community outreach programs.
The ultimate goal of policing is to promote a safe and orderly society where individuals
can live and work without fear of crime or violence.

The relationship between human rights and policing is intricate and crucial for the
functioning of just and democratic societies. At its core, policing is tasked with
safeguarding the rights and freedoms of individuals while maintaining law and order.
However, this task is not without its complexities.

Human rights provide a framework that guides the actions of law enforcement agencies,
ensuring that they operate within the boundaries of legality, fairness, and respect for
human dignity. Police officers are entrusted with significant powers, including the
authority to use force and restrict individual freedoms through arrests and detentions.
Balancing these powers with the rights of individuals is a constant challenge.

Central to the relationship between human rights and policing is accountability.

Accountability mechanisms, such as civilian oversight bodies and internal affairs units,
are essential for holding law enforcement agencies and officers accountable for their
actions. This accountability serves to prevent abuses of power and violations of human
rights, promoting transparency and trust between police and the communities they
serve.

The use of force by police is a particularly sensitive issue in the context of human rights.
While officers may need to use force to protect themselves or others, it must be
proportionate and necessary. Excessive or unjustified use of force not only violates
individual rights but also undermines public trust in law enforcement.
Furthermore, policing must be conducted in a manner that is free from discrimination
and bias. Racial profiling, gender-based violence, and other forms of discriminatory
policing not only violate human rights but also perpetuate injustice and inequality within
society. Upholding human rights requires a commitment to non-discrimination and the
promotion of equality and diversity within law enforcement agencies.

Ultimately, the relationship between human rights and policing is symbiotic. Effective
policing requires a respect for human rights, while the protection of human rights is
contingent on accountable and rights-respecting policing practices. By upholding human
rights principles, law enforcement agencies can fulfill their mandate to serve and protect
all members of society, fostering trust, justice, and equality.

Human Rights instruments relevant to policing

Human rights instruments are legal frameworks, agreements, or treaties established at

the international, regional, or national level to protect and promote human rights. These
instruments set out the rights and freedoms that individuals are entitled to, as well as
the obligations of states to respect, protect, and fulfill these rights. There are several
instruments that are both core and international human rights instruments which are as
follows

1. Universal Declaration of Human Rights(1948)

The Universal Declaration of Human Rights (UDHR) is a milestone document in the

history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the United
Nations General Assembly in Paris on 10 December 1948 by General Assembly
resolution 217 A (III) as a common standard of achievements for all peoples and all
nations. It sets out, for the first time, fundamental human rights to be universally
protected. Since its adoption in 1948, the UDHR has been translated into more than 500
languages - the most translated document in the world - and has inspired the
constitutions of many newly independent States and many new democracies. The
UDHR, together with the International Covenant on Civil and Political Rights and its
two Optional Protocols (on the complaints procedure and on the death penalty) and
the International Covenant on Economic, Social and Cultural Rights and its Optional
Protocol, form the so-called International Bill of Human Right Adopted by the United
Nations General Assembly in 1948, the UDHR sets out fundamental human rights that
should be universally protected. Relevant articles for policing include Article 3 (right to
life, liberty, and security), Article 5 (freedom from torture or cruel, inhuman, or degrading
treatment or punishment), and Article 9 (freedom from arbitrary arrest, detention, or
exile).The UDHR serves as the foundation for human rights principles globally. It
emphasizes the inherent dignity and worth of all individuals and sets forth rights and
freedoms that should be protected universally. For policing, it establishes the basis for
respecting the rights of individuals during law enforcement activities, such as the right to
life, liberty, and security of person, which impact police actions related to arrests, use of
force, and detention.

2. Economic, social and cultural rights(1976)

The International Covenant on Economic, Social and Cultural Rights entered into force
in 1976. The Committee on Economic, Social and Cultural Rights is the body of
18 independent experts that monitors implementation of the Covenant by its States
parties. Its Optional Protocol entered into force in 2013. The human rights that the
Covenant seeks to promote and protect include

 the right to work in just and favourable conditions;

 the right to social protection, to an adequate standard of living and to the highest
attainable standards of physical and mental well-being;
 the right to education and the enjoyment of benefits of cultural freedom
and scientific progress.

3. Civil and political rights(1976)

The International Covenant on Civil and Political Rights (ICCPR) and its Optional
Protocols, in force since 1976 and 1991 respectively, are overseen by the
Human Rights Committee. The Covenant covers a range of rights including
freedom of movement, equality before the law, fair trial, presumption of
innocence, freedom of thought, conscience, religion, opinion, and expression,
peaceful assembly, association, participation in public affairs and elections, and
protection of minority rights. It also prohibits arbitrary deprivation of life, torture,
cruel or degrading treatment or punishment, slavery and forced labor, arbitrary
arrest or detention, interference with privacy, war propaganda, discrimination,
and advocacy of racial or religious hatred.
The ICCPR further delineates civil and political rights from the Universal
Declaration of Human Rights (UDHR) and imposes specific obligations on states
parties. It emphasizes rights such as fair trial, freedom from arbitrary arrest or
detention, and freedom from torture and other cruel, inhuman, or degrading
 treatment or punishment. This requires law enforcement to uphold due process,
treat suspects fairly, and prohibit practices like torture or arbitrary detention.

4. Convention on the Prevention and Punishment of the Crime of

Genocide (1948)

The Convention on the Prevention and Punishment of the Crime of Genocide,

enacted in 1948 by the United Nations, provides a comprehensive framework for
identifying, preventing, and prosecuting the heinous crime of genocide. While its
primary focus lies within international law and human rights, its relevance
extends to policing as well.
Within the realm of law enforcement, the Convention underscores the critical role
of proactive measures in preventing genocidal acts. Police forces are tasked with
monitoring societal tensions and addressing early signs of conflict between
various ethnic, racial, or religious groups. By intervening early and promoting
dialogue, law enforcement can help mitigate potential violence and protect
vulnerable populations.
Moreover, in the unfortunate event that genocide or related crimes occur, police
play a pivotal role in investigating these offenses, gathering evidence, and
apprehending perpetrators. The Convention emphasizes the importance of
holding individuals accountable for committing genocide, which necessitates
effective policing and collaboration with international legal mechanisms.
Furthermore, policing entails the protection of minority groups who may be at
heightened risk of genocide or mass violence. This involves not only ensuring
their physical safety but also addressing hate crimes and fostering trust between
law enforcement and marginalized communities.The Convention on the
Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide
Convention, is an international treaty that criminalizes genocide and obligates
state parties to pursue the enforcement of its prohibition. It was the first legal
instrument to codify genocide as a crime, and the first human rights treaty
unanimously adopted by the United Nations General Assembly, on 9 December
1948, during the third session of the United Nations General Assembly.[1] The
Convention entered into force on 12 January 1951 and has 152 state parties as
of 2022.

5. International Convention on the Elimination of All Forms of Racial

Discrimination (1965)
The International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD) is a United Nations convention. A third-generation human
rights instrument, the Convention commits its members to the elimination of racial
discrimination and the promotion of understanding among all races. The Convention
also requires its parties to criminalize hate speech and criminalize membership in racist
organizations.

The Convention also includes an individual complaints mechanism, effectively making it

enforceable against its parties. This has led to the development of a limited
jurisprudence on the interpretation and implementation of the Convention.

6. Convention on the Elimination of All Forms of Discrimination against

Women (1979)

The Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW) is an international treaty adopted by the United Nations General Assembly in
1979. It is often described as an international bill of rights for women, aiming to
eliminate discrimination against women and ensure substantive equality between men
and women in various spheres of life. CEDAW prohibits all forms of discrimination
against women, emphasizing equal rights in civil, political, economic, social, and cultural
domains. It calls for the elimination of stereotypes and prejudices perpetuating
discrimination and underscores women's rights to political participation, education,
healthcare, employment, and equal treatment within marriage and family relations.
States parties to CEDAW are obligated to take measures to implement its provisions
and report regularly on their progress in achieving gender equality.

7. The Convention on the Rights of the Child (1989)

The Convention on the Rights of the Child (CRC), adopted by the United Nations
General Assembly in 1989, is a landmark international treaty focusing on the protection
and promotion of the rights of children. It recognizes the inherent dignity and worth of
every child and sets out a comprehensive framework for ensuring that children enjoy
their human rights without discrimination. The CRC covers civil, political, economic,
social, and cultural rights of children and emphasizes their right to survival,
development, protection, and participation. It calls for measures to safeguard children
from all forms of discrimination, abuse, exploitation, and neglect, and it promotes the
best interests of the child as a primary consideration in all actions concerning children.
States parties to the CRC are required to take steps to ensure that children's rights are
respected, protected, and fulfilled, and they are obligated to report regularly on their
efforts to implement the provisions of the Convention.
 8. The Convention on the Rights of Persons with Disabilities (2006),

The Convention on the Rights of Persons with Disabilities (CRPD), adopted by the
United Nations General Assembly in 2006, is an international treaty that promotes and
protects the rights and dignity of persons with disabilities. It recognizes that persons
with disabilities should enjoy full and equal rights and emphasizes their inherent right to
participate in all aspects of life on an equal basis with others. The CRPD covers civil,
political, economic, social, and cultural rights, and it calls for measures to eliminate
discrimination against persons with disabilities in all areas of life. The Convention
highlights the importance of accessibility, equality, and non-discrimination, and it
promotes the inclusion and participation of persons with disabilities in society. States
parties to the CRPD are required to take measures to ensure that persons with
disabilities enjoy their rights on an equal basis with others and to promote their full
inclusion and participation in all aspects of life.

These are just a few examples of international human rights instruments. There are
many others addressing specific issues or populations, such as the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families, and the International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD).

Regional human rights instruments are also significant, such as the European
Convention on Human Rights (ECHR) and the African Charter on Human and Peoples'
Rights.

National governments may also enact laws, constitutions, and policies that serve as
human rights instruments, ensuring the protection and promotion of rights within their
jurisdictions.

9. United Nations Programme of Action on Small Arms and Light Weapons

(UNPoA)

The United Nations Programme of Action on Small Arms and Light Weapons (UNPoA)
is a key international framework aimed at addressing the challenges posed by the illicit
trade, proliferation, and misuse of small arms and light weapons (SALW). Adopted by
the United Nations General Assembly in 2001, the UNPoA represents a comprehensive
approach to combating the negative impact of SALW on peace, security, and
development.
These international human rights instruments collectively establish legal frameworks
aimed at safeguarding and promoting fundamental rights and freedoms globally. They
address a range of issues including arms control, disability rights, child welfare, gender
equality, racial discrimination, and genocide prevention. Each instrument requires
participating states to enact domestic legislation to ensure compliance with international
standards, thereby reinforcing the rule of law and advancing human rights protection at
both national and international levels.

What has been achieved?

The short answer is that there has been an enormous change in human rights
consciousness as it applies to police but considerably less in practice. In two
operational arenas – the international and the countries. Internationally, human rights
treaties and agreements have mushroomed since Second World War. The United
Nation’s (UN) High Commissioner for Human Rights recognised only two human rights
treaties in 1947 against almost 150 in 1997 (Elliott 2007). They now cover 18 categories
of persons (e.g. children, women, aliens, immigrants, lawyers and gipsies) and 19 kinds
of violations (e.g. torture, trafficking, hostage taking, death penalty and abuses of
justice).

The Guinness Book of World Records, by the way, says the Universal Declaration of
Human Rights, 1948, is the most translated document in history (2013). Specifically with
respect to the police, the UN published seven principles of democratic policing in 1996
in The Commissioner’s Guidance for Democratic Policing in the Federation of Bosnia-
Herzegovina (United Nations Missions in Bosnia-Herzegovina, 2008). These were
further codified in Human Rights Standards for Law Enforcement: A Pocket Books on
Human Rights for Police, 1996 (UN High Commissioner for Human Rights). In 2001, the
Council of Europe published the European Code of Police Ethics (Council of Europe
2001). International ability to enforce these standards, while generally weak, has
expanded dramatically in institutional terms since the end of the cold war. The UN
created a Civilian Police Unit within the Department of Peacekeeping Operations
(DPKO) in 1993, which became the Police Division in 2000. It has been part of DPKO’s
Office of the Rule of Law and Security Institutions since 2007. Authorised to recruit
17,500 police for international deployment, the Police Division now deploys over 12,000
police officers in 11 missions – Western Sahara, Mali, Haiti, Democratic Republic of the
Congo, Darfur, Cyprus, Sudan, South Sudan, Cote d’Ivoire, Kosovo and Liberia (UN
Peacekeeping Fact Sheet, September 2013). Until the early 1990s, the UN’s police
activities were confined to monitoring violations of international agreements. They have
since expanded to involve armed, operational law-enforcement (Kosovo and East
Timor) and mentoring of local police by providing expert assistance, technical guidance,
operational assessments, training and strategic development (UN Peacekeeping
website, November 2013). Almost 100 countries contribute personnel for these
missions, with the countries contributing most (67%) not coming from developed, well-
established democratic countries, as one might expect, but from Bangladesh, Jordan,
Senegal, India, Nepal, Nigeria, Pakistan, Egypt, Rwanda and Togo. From the point of
view of modelling human rights, this

distribution of contributors is not a matter for congratulation.International ability to

enforce human rights is not confined to policing. The International Criminal Court was
formally established in 2002 with jurisdiction overindividuals alleged to have committed
genocide, crimes against humanity and war crimes. Its authority has been ratified by
over 100 countries to date, not including, notably, the USA, Russia, China and India.
Members of the European Union are obligated to accept the European Convention on
Human Rights, whose claims are adjudicated by the European Court of Human Rights
in Strasbourg. There are also ad-hoc international tribunals in Rwanda, Sierra Leone,
Cambodia and Kosovo. Finally, the UN has developed the beginnings of a prison
system in the Hague, where it may confine individuals convicted by the International
Criminal Court and its other tribunals. If an essential, perhaps defining, part of
government is the creation of institutions of criminal justice, then the beginning of world
government has been created in the last 25 years. To be sure, their capacity is still very
limited. But, to put the matter into perspective, it is not a stretch to say that more has
been done in the past 25 years internationally to advance the cause of human rights
than in the 400 years since Hugo Grotius first began to write about the necessity for
international law. Although human rights consciousness has expanded dramatically at
the international level with unprecedented institutional developments, the fact remains
that practical responsibility for enforcing human rights remains primarily the
responsibility of national governments. There the record is bleak, notwithstanding
almost universal verbal and sometimes legal commitment to them. Although there are
no systematic surveys of police behavior at the state level, there are two surveys about
national human rights observance generally. In 2012, Freedom House (2012) rated 45%
of the 194 countries surveyed as being free (N = 87). Thirty-one percent was partially
free, 24% not free. In 1975, when Freedom House began its surveys, only 59% had
been free. The Economist, using a more demanding set of criteria than Freedom House,
estimated that in 2011, 15% of its sample of 165countries were fully democratic (N =
25), 54% flawed/hybrid democracies and 31% authoritarian (The Economist Intelligence
Unit 2012). Extrapolating from these general country estimates, one would not expect
more than 25 to 40 countries worldwide to have police that adhere to recognized human
rights standards, with perhaps another 75–80 allowing some progressive reform. In an
effort to get a better reading of human rights reform specifically for police.

Status of Human Rights and Policing in Bangladesh