Analyses of Non-compliance to Legislation by Signatories to the Arab Charter of Human Rights: A Framework for National Observance and Regional Enforcement

Almutawa, Ahmed; Almanea, Hajer

Abstract

The Arab Charter on Human Rights is one of the most important developments in the human rights landscape of the Arab world. Part of the importance of the Arab Charter on Human Rights stems from the fact that the Charter seeks to align Arab human rights with the international standards on human rights. With the implementation of this Charter, Arab countries would have recognised and enforced human rights values that have come to be universally accepted as part of the international law framework. Currently, there are significant gaps between the Arab Charter on Human Rights and the national laws of the State Parties. These suggest non-compliance of many national laws with the provisions of the Arab Charter. This article argues that the non-compliant legislations of those State Parties are not justified by recognised standards for such deviation from international law of human rights. Particularly, the margin of appreciation allowed to the States for deviating from universal human rights principles on account of national situations and conditions. This article also suggests that the way forward for ensuring compliance between the Arab Charter on Human Rights and the national legislations lies in the adoption of a collective judicial review mechanism under the aegis of the League of Arab States.

Citation

Almutawa, A., & Almanea, H. (2022). Analyses of Non-compliance to Legislation by Signatories to the Arab Charter of Human Rights: A Framework for National Observance and Regional Enforcement. In J. Rehman, A. Shahid, & S. Foster (Eds.), The Asian Yearbook of Human Rights and Humanitarian Law (237-269). Brill Academic Publishers. https://doi.org/10.1163/9789004520806_013

• Publication Date: Sep 6, 2022
• Deposit Date: Nov 11, 2024
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Pages: 237-269
• Book Title: The Asian Yearbook of Human Rights and Humanitarian Law
• ISBN: 9789004520790
• DOI: https://doi.org/10.1163/9789004520806_013
• Public URL: https://durham-repository.worktribe.com/output/3091380