Abstract
In Bangladesh, violence against women continues to be a serious human rights issue. Although Bangladesh has ratified the CEDAW and also enacted a number of different laws and policies to address violence against women, concerns remain about their effective enforcement and application. The objective of this thesis is to analyze the effectiveness of Bangladesh's implementation of CEDAW General Recommendation No. 35 (2017) which requires states to take measures to ensure prevention of violence, protection of women, and prosecution of offenders and provides reparations for victims.
This study uses a doctrinal legal research method. It analyses international human rights instruments, constitutional provisions, domestic laws, judicial decisions, policies, and institutional mechanisms related to gender-based violence in Bangladesh. It also examines the extent to which these legal and institutional measures fulfill the due diligence requirements under General Recommendation No. 35.
The findings of the study show that Bangladesh has made significant progress in developing legislation and institutions to address gender-based violence. Nevertheless, there still exists a significant gap between the legal provisions available and their practical implementation. Due to weak enforcement, delays in the justice system, limited access to legal and support services, weak institutions and social stigma, women face many challenges in obtaining protection and justice. The study also finds that prevention methods are insufficient, investigations and prosecution are often weak, and support and reparation for victims have not yet been sufficiently developed.
The study concludes that Bangladesh has partially fulfilled its due diligence obligations in accordance with General Recommendation No. 35. However, the mere existence of laws is not enough. Bangladesh also needs to ensure effective enforcement of the existing laws along with better collaboration between institutions, provide adequate protection as well as support to survivors, and take into consideration the social aspects of gender-based violence. These steps are needed to ensure sufficient implementation of General Recommendation No. 35 in Bangladesh.