True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated in the domestic law, they are enforceable in national courts. The local laws, both constitutional and statutory, are not always in consonance with the norms contained in the international human rights instruments. The national courts should not, straightway ignore the international obligations, which a country undertakes, If the domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments.
But in the cases where the domestic laws are clear and inconsistent with the international obligations of the state concerned, the national courts will be obliged to respect the national laws, but shall draw the attention of the law-.makers to such inconsistencies. (Per Bimalendu Bikash Roy Choudhury. J). Hussain Muhammad Ershad Vs Bangladesh and others, 21 BLD (AD) 69.