The that, ‘Everyone has the right to standard

 

The Bangladesh Environment Conservation Act, 1995:

 

This act deals with the hazardous
environment for the workers and aims to ensure a safe environment for the
works. Section 6 of this act, it has to be ensured by the ship owners that by
dismantling of ships causes no harm to the environment.1

 

Environmental Court, 2000:

 

Under the Environmental court Act relief has been provided in case of
violation of environmental injury to the environment.2

 

International Laws:

 

The Universal Declaration of
Human Rights, 1948:

Article 25(1) of
the Universal
Declaration of Human Rights3
states that, ‘Everyone has the right to standard of living
adequate for the health of himself and of his family, including food, clothing,
housing and medical care and necessary social services’.4

 

 

International Labour Organization (ILO):

 

The ILO organization
mainly works to ensure the rights of the workers and also working for the
violated rights for the ship-breaking labours. The ILO Guidelines for Asian Countries and Turkey, 2004, published a list
of common hazards in ship-breaking activities that are likely to be reasons of injuries,
death, ill health, diseases and incidents among the workers.5
ILO has given some guidelines for Asian Countries and Turkey, 2004 ensuring
some common factors which are responsible for injuries, death, ill health,
diseases and incidents among the workers. Some of these important guidelines
are-6

–         
The employer should ensure that each
ship destined for scraping is in a safe condition for breaking, has the
necessary certificates and licenses, and satisfies the conditions for breaking according to national and international
standards, such as the removal of hazardous substances, the recycling in an
environmentally sustainable manner and that the ship and its tanks are gas
free.

 

–         
The employer should prepare an
inventory list of hazardous wastes on the ship to be dismantled.

 

–         
The employer should ensure that
workers are not exposed to hazardous substances to an extent that exceeds
exposure limits after evaluation of the working environment.

 

–         
The workplace of ship-breaking should
be regularly inspected and information should be obtained on hazardous
materials that are present and hazardous activities and processes that take place.

 

 

The convention on the Rights of
the Child, 1989:

This Convention considers everyone under 18 years old as a child unless
any earlier age is considering majority by any country’s law.7 Since 1990
Bangladesh has been a member of this convention.8 Any
inconvenience happens against a child’s will has been protected by this
convention.

 

 

Conclusion:

 

It is unfortunate that Bangladesh Constitution does
not recognize the right of health as fundamental rights. Whereas, the owners of
this ship-breaking industries are talking advantage from the labour and are
less concern about the health condition of these labours. Where, these labours
hold every legal protection for their health issues. Undoubtedly, the real
graveness of ship-breaking industry are so intense that laws are becoming
insufficient. Moreover, in Bangladesh, laws are commonly shown as an object for
papers only and the implementation is far away. Labours are sometimes unaware
of the fact that they are entitled to certain rights while working in ship-braking
industries and they can take legal action when aggrieved. Furthermore,
education plays a vital role for their ignorance about the rights. Poverty
certainly holds them as they cannot afford the cost of legal proceeding. Last
but not the least, the behavior or unwilling from the legal bodies who are in
charge of filing case or investigation are a major cause they stay out of any
legal protection.

 

 

 

 

 

 

 

 

1 See Section 6 of The
Bangladesh Environment Conservation Act, 1995.

2 Supra note 5 at pg. 22.

 

3 In 1948, the United
Nations General Assembly adopted the Universal Declaration of Human Rights, which represents “a common standard
of achievement for all peoples and all nations.

 

4
The Universal Declaration of
Human Rights, 1948:

 

5 Alam,
Shawkat. Faruque,Abdullah. ‘Legal regulation
of the shipbreaking industry in Bangladesh:The international regulatory
framework and domestic implementation challenges’ Marine Policy 47
(2014) 46–56, http://www.shipbreakingplatform.org/shipbrea_wp2011/wp-content/uploads/2014/03/Alam-Faruque_2014_Legal-regulation-of-the-shipbreaking-industry-in-Bangladesh-The-international-regulatory-framework-and-domestic-imple.pdf , retrieved on 1 December 2017.

 

 

6 All the data has been taken
from Alam, Shawkat. Faruque,Abdullah. ‘Legal regulation of the shipbreaking
industry in Bangladesh:The international regulatory framework and domestic implementation
challenges’ Marine Policy 47 (2014) 46–56, http://www.shipbreakingplatform.org/shipbrea_wp2011/wp-content/uploads/2014/03/Alam-Faruque_2014_Legal-regulation-of-the-shipbreaking-industry-in-Bangladesh-The-international-regulatory-framework-and-domestic-imple.pdf , at page 47.
retrieved  on 1 December 2017

7 Supra note 5 at page 8.

8 Ibid at page 12