The Arab Charter on Human Rights and International Human Rights Standards: The Practices and Approaches of the Arab Human Rights Committee
الكلمات المفتاحية:
Arab Human Rights Committee، Arab Charter on Human Rights، Human Rights، International Human Rights Lawالملخص
This article examines the Arab Human Rights Committee (AHRC)’s interpretation of the rights enshrined in the Arab Charter on Human Rights. It argues that the AHRC has positioned its work not as contradictory to the international human rights system, but as supportive of and complementary to it. The AHRC has generally adopted an interpretative approach consistent with international human rights interpretations, drawing upon them in its approach to the provisions of the Arab Charter. Instead of taking an interpretative approach that clashes with the work of UN human rights treaty bodies, particularly on culturally or religiously sensitive issues, the AHRC has often opted to avoid these topics entirely or has addressed them in minimal detail. Efforts to engage with human rights norms and their interpretation in the context of the Arab Charter have resulted from the increased attention of scholars to the issue of fragmentation in international law and its implications for the development of International Human Rights Law (IHRL).
المراجع
- League of Arab States, Arab Charter on Human Rights (Tunis: 2004). It was adopted at the Arab Summit by Resolution 270 Decision 270, AS 16, on 23 May 2004 and entered into effect on 16 March 2008.
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- Arab Charter on Human Rights , Article 33.
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- Arab Charter on Human Rights , Article 33.1.
- International Covenant on Civil and Political Rights , United Nations Treaty Series, vol. 999 (United Nations: 19 December 1966), p. 171, accessed on 22/10/2024, at: https://tinyurl.com/4yemsvyh
- Arab Charter on Human Rights , Article 3.3.
- International Covenant on Civil and Political Rights , Article 6.
- Arab Charter on Human Rights , Article 6.
- Ibid., Article 7.2.
- International Covenant on Civil and Political Rights , Article 25.
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- Ibid., Article 35.1.
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- Arab Charter on Human Rights , Article 43.
- Mattar, pp. 91-148.
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- Paul McDonough, Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus (London: Hart, 2021); Nisrine Abiad, Sharia, Muslim States and International Human Rights Treaty Obligations: A Comparative Study (London: British Institute of International and Comparative Law, 2008).
- Mattar, pp. 126-127.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the United Arab Emirates , Fifth Session, 2013, paragraph 3.
- McDonough, p. 168.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the United Arab Emirates , p. 7.
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- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Iraq , Fourteenth Session, 2018, paragraph 52.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the State of Qatar , Fourth Session, 2013, paragraph 4.
- Ibid., paragraph 3.
- McDonough, pp. 171-180.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , Seventh Session, 2015, paragraph 74.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Iraq , paragraph 11.
- Ibid., paragraph 9.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the State of Kuwait , Twelfth Session, 2017, paragraph 6.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , Eleventh Session, 2016, paragraph 6; League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , Tenth Session, 2016, paragraph 8; League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , Sixteenth Session, 2019.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 8.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 9.
- Ibid., paragraph 16.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , Ninth Session, 2016, paragraphs 31, 32.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 19.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 51.
- Ibid., paragraphs 52 and 53.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraphs 40 and 41.
- Ibid., paragraph 44.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , paragraph 67.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Second Periodic Report of the State of Qatar , Eighteenth Session, 2021, paragraph 44.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the State of Kuwait , Seventeenth Session, 2021, paragraph 37.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , Fifteenth Session, 2019, paragraphs 51-52.
- UN Human Rights Committee, Concluding observations on the first periodic report of Bahrain (New York: 15/11/2015), paragraph 49.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , paragraph 34.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Second Periodic Report of the State of Qatar , paragraph
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the State of Qatar , paragraph 20.
- UN Human Rights Committee, Concluding observations on the third periodic report of Kuwait (New York: 11/8/2016), paragraphs 10 and 11.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 36.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Iraq , paragraph 6.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Iraq , paragraphs 80 and 81.
- Ibid., paragraph 172.
- On the components of the rights to freedom of thought, conscience, and religion in the International Covenant on Civil and Political Rights, see: Sarah Joseph & Melissa Castan, The International Covenant on Civil and Political Rights: Cases, Materials and Commentary , 2nd ed. (Oxford: Oxford University Press, 2013), pp. 501-516.
- UN Human Rights Committee, Concluding observations on the fifth periodic report of Jordan (New York: 4/12/2017), paragraph 28.
- UN Human Rights Committee, Concluding observations on the fifth periodic report of Sudan (New York: 19/11/2018), paragraphs 49 and 50.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Kingdom of Jordan , First Session, 2012, paragraph 43; League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , paragraph 74.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , paragraphs 45 and 46.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , paragraph 36.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the United Arab Emirates , paragraph 31.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 85.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraph 43.
- Ibid., paragraph 48.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraphs 54 and 56.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Sudan , Eighth Session, 2015, paragraph 15.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the State of Qatar , paragraph 26.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Second Periodic Report of the State of Qatar , paragraph 45.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , paragraph 38.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 54.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Sudan , paragraph 9. See also: League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Iraq , paragraph, 35; League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Iraq , paragraph 83.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , paragraph 35.
- Ibid., paragraph 36.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , paragraph 31.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the United Arab Emirates , paragraphs 22-24.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraphs 47 and 66.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraphs 20 and 21.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 44.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 21.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraph 11.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraph 14.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 24.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , paragraph 26.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Sudan , paragraph 5.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Iraq , paragraph 34.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Iraq , paragraphs 69 and 71.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , paragraph 18.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 18.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , paragraphs 12, 48.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the United Arab Emirates , p. 8.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 39.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraphs 32 and 33.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , paragraphs 56 and 66.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Kingdom of Jordan , paragraphs 10, 11, and 25.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Jordan , paragraph 17.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraph 29.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , paragraphs 61 and 62.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the United Arab Emirates , paragraphs 12 and 13.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraphs 27 and 58. See also: League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , p. 26.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraphs 28-30.
- Ibid., paragraph 38.
- UN Committee Against Torture, Concluding observations on the second periodic report of Saudi Arabia (New York: 8/6/2016), paragraph 11. See also: UN Human Rights Committee, Concluding observations on the fifth periodic report of Sudan (New York: 2018), paragraphs 35 and 36.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraphs 22 and 23; League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 27.
- UN Human Rights Committee, Concluding observations on the fifth periodic report of Sudan , Paragraph 20.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , paragraph 26.
- UN Committee on the Rights of the Child, General comment No. 24, Children’s rights in the child justice system (New York: 18/9/2019).
- International Covenant on Civil and Political Rights , Article 6.5.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Kingdom of Jordan , paragraph 9.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 22.
- Ibid., paragraph 23.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Lebanon , paragraph 47.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Second Periodic Report of the State of Qatar , paragraph 19.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the State of Kuwait , paragraph 43.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 36.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Algeria , paragraph 17.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Sudan , p. 1, paragraph 20.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Iraq , paragraph 115.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraphs 68 and 71.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Bahrain , paragraph 23.
- Ibid., paragraph 62.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 47.
- Ibid., paragraph 49.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the State of Kuwait , paragraph 17.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Republic of Iraq , paragraph 108.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Report of the Republic of Sudan , paragraph 12. See also: League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the State of Qatar , Thirteenth Session, 2017, paragraph 110.
- UN Human Rights Committee, Concluding observations on the first periodic report of Bahrain (New York: 15/11/2015), paragraph 18.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the State of Kuwait , paragraph 44.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the United Arab Emirates , paragraph 19.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 43.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the First Periodic Report of the Kingdom of Saudi Arabia , paragraph 68.
- League of Arab States: AHRC, Concluding Observations and Recommendations on the Second Periodic Report of the State of Qatar , paragraph 48.
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