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The Constitution and the Legal System: The Constitution was amended in February 2018 to remove the clause that granted citizenship and residency to “foreigners” as a pre-condition to their becoming eligible for Bangladesh citizenship. It was replaced by a provision that rendered the citizenship of all foreign residents who had “lived in the territory of Bangladesh for more than ten years” as of January 15, 2014, or arrived in Bangladesh on or after January 15, 2014, eligible for citizenship. The amendment also removed all language that the Constitution would “not be construed to alter the status of foreigners” and states that the Citizenship Act was consistent with the Constitution. The new law also repealed the 1981 Citizenship Act, which allowed foreigners to obtain citizenship only with the consent of the government, and provided for deportation of non-citizens who were found to be involved in terrorism or other national security and law enforcement threats. Government agencies, including the police, were given broad authority to detain and deport non-citizens without prior notice, or even arrest and charge them. The new law did not specify that foreigners had to leave Bangladesh before obtaining citizenship. However, Bangladeshi nationals who were also non-citizens could immediately take up citizenship upon receiving the necessary documents through a process that took an estimated six months. The new law was welcomed by Bangladeshi officials and human rights and other rights groups as a major step towards ending the prolonged anti-Bangladeshi xenophobic discrimination. However, it was criticized by international human rights organizations that called it “discriminatory” and “not in accordance with international law.”
Rights of Prisoners and Detainees: The law provides that the government should provide appropriate medical care and protection to prisoners and detainees. The government regularly provided medical care, including treatment for sexually transmitted diseases, to prisoners and detainees. The government adequately provided adequate nutrition to prisoners, including pregnant women, and provided maternity leave. The government provided free education, recreation, and religious services.
In 2000, the government failed to live up to its obligations regarding the free flow of information. The government provided only limited information on the state of freedom of expression in the country.
The law prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities in employment, education, access to health care, and in other state services. The state has a Committee for the Protection of Persons with Disabilities, which provides technical assistance on the basis of needs assessment. The government typically provided persons with disabilities with free or low cost services, but this was not always the case.
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