The protection of human rights in the Arab system compared to the European system

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لخضر زازة

Abstract

abstract
The Arab countries have taken a big step in the achievement of an Arab system for the protection of human rights by creating an Arab court for this purpose. Although the establishment of such a course came too late compared to their counterparts in other regional systems, human rights documents and instruments in the Arab countries appeared very early and repeatedly but led to failure and could not be released until the start of the millennium successfully approving the Arab Charter on Human Rights and the establishment of the Arab Commission on Human Rights and the creation of the Arab Court of Human Rights in 2014. Nevertheless, there are many criticisms of this system compared to the European system of human rights, which is a reverential model for the protection of human rights. man by allowing individuals them to face legal proceedings before the court, and allowing specialized bodies to exercise their functions widely.
 
Therefore, this article examines the Arab human rights system by presenting these documents and instruments first, and balancing on its mechanisms ensuring compliance with these conventions and instruments, all in the context of examining both sides of the European human rights system in terms of instruments and mechanisms, in the form of a simple comparison to know where we are the Arab system compared to the European system.

Key words:humain,rights,arab system, protection

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[1]
زازةل., “The protection of human rights in the Arab system compared to the European system”, African Journal of Political Sciences, vol. 6, no. 1, Dec. 2018.
Section
political sciences

References

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________________________________________
[1]) This is confirmed by the introduction to the European Convention on Human Rights, as it states that “the governments signed below as members of the Council of Europe ..... and as governments of European countries are dominated by an intellectual unit with a common heritage of freedom, ideals, political traditions and respect for the law, it has Determined to take the first steps towards the collective implementation of some of the rights contained in the Universal Declaration of Human Rights issued by the United Nations General Assembly .. ».
[2]) Riyad Al-Ajlani. “Evolution of procedures for consideration of individual applications before the European Court of Human Rights,” Journal of Damascus University for Economic and Legal Sciences, Volume: 28, Number Two, 2012, p. 167.
[3] Walid Salim El-Nemr. “Human Rights and Fundamental Freedoms”, Dar Al-Fateh for Printing and Publishing, Egypt, p. 238.
[4]) Ramiz Muhammad Ammar, Neamat Abdullah Makki. “Human Rights and Public Liberties,” first edition, without publishing house, 2010, p. 118.
[5]) Ramiz Muhammad Ammar, Nimat Abdullah Makki, Previous Reference, P.121.
[6]) Claudio Zangi. “International Protection for Human Rights”, Export: Boutros Boutros-Ghali, Presented by: Mohamed Bedjaoui, First Edition, The Library of Lebanon Publishers, Beirut, Lebanon, 2006, p. 168.
[7] It is Resolution No. 2441 (23) of December 19, 1968, entitled “International Year of Human Rights”.
[8]) Qadri Abdul Aziz. "Human Rights, in International Law and International Relations, Contents and Mechanisms", 2008 edition, Dar Houma, Algeria, page 141.
[9]) Qadri Abdul Aziz, previous reference, page 142.
[10]) Qadri Abdul Aziz, previous reference, page 143.
[11]) A flowery flower. “The Arab System for the Protection of Human Rights and its Mechanisms”, a note to obtain a bachelor’s degree in legal sciences, Ammar Thaliji University, Faculty of Law and Social Sciences, Department of Law, Laghouat, 2005.
[12]) Qadri Abdul Aziz, previous reference, page 146
[13]) And Raneeqi Zahra, previous reference, page 19
[14]) See: Ibrahim Al-Abdullah. A written lecture entitled: "The Arab Charter for Human Rights and Means of Enabling it", published on 01/01/1998, on the website of the "Imam Musa Al-Sadr Center for Studies and Research" according to the following electronic link:
http://imamsadr.net/News/news.php?NewsID=3921
[15]) And Reneeqi Zahra, ibid., Page 20
[16] V : Ahmed MAHIOU. « La Charte arabe des droits de l’homme ». Publié sur blogavocat.fr selon le lien electronique suivant :
https://blogavocat.fr/sites/default/files/fichiers/la_charte_arabe_des_droits_de_l_homme_-_a._ma.pdf . P7.
[17]) See: Ibrahim Al-Abdullah. A written lecture entitled: "The Arab Charter for Human Rights and Means of Enabling it", published on the website of the "Imam Musa Al-Sadr Center for Studies and Research," according to the previous electronic link.
[18]) See: Ibrahim Al-Abdullah. Written lecture entitled: "The Arab Charter for Human Rights and Means of Enabling it", op. Op. Cit, P8
[19]) See: Ibrahim Al-Abdullah. A written lecture entitled: "The Arab Charter for Human Rights and Means of Enabling it", published on the website of the "Imam Musa Al-Sadr Center for Studies and Research," according to the previous electronic link.
[20]) Allam Wael Ahmed. "The Arab Charter on Human Rights, a study on the role of the Charter in promoting human rights in the Arab League." Page: 8 to 11
[21]) Allam Wael Ahmed, ibid., Same pages.
[22]) See: Dr. Muhammad Amin field. "We have an Arab human rights court." An article published on the website of the "Arab Center for Education in International Humanitarian Law and Human Rights ACIHL" without mentioning the date, according to the following electronic link:
https://www.acihl.org/articles.htm?article_id=39&lang=en-US
[23]) Bouamza Fatima, op. Cit., Page: 40 - 41
[24] Such as Article 4 of the Arab Charter on Human Rights of 2004.
[25]) Article (7) of the 2004 Charter stipulates that: “No death sentence may be imposed on persons under eighteen years of age unless the legislation in force at the time the crime is committed stipulates otherwise.”
[26]) See regarding the various criticisms: A report entitled: “The proposed Arab Court for Human Rights - The adoption of the draft Charter of the Court and the start of its proper construction process must be withdrawn,” published on the website of the International Commission of Jurists “ICJ - FIDH” dated March 2014, according to Previous email link, pp. 4-5.
[27]) Ramiz Muhammad Ammar, Nimat Abdullah Makki, Previous Reference, P.127.
[28]) Karem Mahmoud Hussein Nashwan, Mechanisms for the Protection of Human Rights in International Human Rights Law, an analytical study, a study for a master’s degree, Al-Azhar University, Gaza, 2011, p. 141
[29]) Abdul Karim Alwan, Human Rights, Dar Al-Thaqafa Library for Publishing and Distribution, Amman, 1998, p. 152
Karem Mahmoud Hussein Nashwan, ibid., P. 142) [30]
[31]) Abdul Karim Alwan, the same reference, p. 153
[32]) Karem Mahmoud Hussein Nashwan, same reference, p. 143
[33]) Karem Mahmoud Hussein Nashwan, same reference, p. 144
[34]) Khidr Khidr, An Introduction to Public Liberties and Human Rights, Modern Book Foundation, 2011 Edition, Lebanon, 2011, p. 248.
[35]) See Article 21, first paragraph of the agreement.
[36]) See Article 23 of the Convention, paragraph 1
[37] See Article 23 of the Convention, paragraph 2
[38]) Claudio Zangi, International Protection of Human Rights, Export of Boutros Boutros-Ghali, Presented by Mohamed Bedjaoui, First Edition, Lebanon Publishers Library, Beirut, Lebanon, 2006, p. 158.
[39]) Abdullah Mohamed El-Hawary, The New European Court of Human Rights, A Study in the Light of the Provisions of the European Convention on Human Rights, First Edition, New University Publishing House, Alexandria, Egypt, 2009, p. 21
[40]) See Article 23 of the Convention, paragraph A.
[41]) Abdullah Muhammad al-Hawari, previous reference, p. 40
[42]) Abdullah Muhammad al-Hawari, the same reference, p. 30
[43]) Riyad Al-Ajlani, Evolution of the Procedures for Examining Individual Applications before the European Court of Human Rights, Damascus University Journal for Economic and Legal Sciences - Volume 28 - Second Issue, 2012, p. 176
[44]) Claudio Zangi, previous reference, p. 169
[45]) Abdullah Muhammad al-Hawari, the same reference, p. 46
[46]) Walid Salim El-Nemr, Human Rights and Fundamental Freedoms, Dar Al-Fateh for Printing and Publishing, Egypt, 2013-2014, p. 241
[47]) Claudio Zangi, ibid., P. 160
[48]) Abdullah Muhammad al-Hawari, the same reference, p. 59
) Muhammad Mohiuddin, summary of lectures on human rights, school year 2010/2011, Khaldounia House for Publishing and Distribution, Algeria, p. 76 [49]
[50] See Article 26, Paragraph 1 of the European Convention amending by Protocol (14).
[51] See Article 26, Paragraph 3 of the European Convention amending by Protocol (14).
[52]) European Court of Human Rights, documents issued by the Registry, questions and answers, www.echr.coe.int, p. 4
[53]) Muhammad Mohiuddin, the same reference, p. 73
[54] See Article 47 of the European Convention.
[55]) Karem Mahmoud Hussein Nashwan, op. Cit., P. 151
Abdullah Muhammad al-Hawari, op. Cit., P. 35 [56].
[57]) Naziha Bouzib, The Arab Charter for Human Rights, “A Critical Legal Reading”, The Arab Journal for Human Rights, Tunis, No. 6, August 1999, p. 108.
[58]) See Article 32 of the European Convention
[59]) Omar Saduq, Lectures on Public International Law, University Press Office, Ben Ankoun, Algeria, 1998, p. 142.
[60]) Karem Mahmoud Hussein Nashwan, op. Cit., P. 152
[61]) See document number: IOR 61-003-2010, published on Amnesty International online magazine Number: 14, entitled: “European Court of Human Rights,” according to the following link:
http://www.amnestymena.org/ar/Magazine/Issue14/TheEuropeanCourtforHumanRights.aspx
[62]) European Court of Human Rights, documents issued by the pen, questions and answers, www.echr.coe.int, same page
[63]) Ramiz Muhammad Ammar, Nimat Abdullah Makki, Human Rights and Public Liberties, First Edition, without Publishing House, 2010, p. 127
Ramiz Muhammad Ammar, Nimat Abdullah Makki, ibid., Same page. [64]
[65]) Riyad Al-Ajlani, previous reference, p. 17
See Article 28 of the European Convention [66]
[67]) Karem Mahmoud Hussein Nashwan, op. Cit., P. 156
[68]) Ramiz Muhammad Ammar, Neamat Abdullah Makki, Previous Reference, P.129
Ramiz Muhammad Ammar, Nimat Abdullah Makki, ibid., P. 129
[69]
[70]) Before the establishment of that committee, the university council had shown an interest in human rights during that period, and it had welcomed the United Nations' invitation for it to participate in the activities of the International Human Rights Day. On that occasion, the Council established, in accordance with its Resolution No. 2259 of September 12, 1966, at the level of the League’s Secretariat, an interim committee entrusted with preparing for a program to ensure the celebration of the International Human Rights Day. On the other hand, the University Council, in accordance with its Resolution No. 2304 of March 18, 1967, established a second steering committee and entrusted it with the task of coordinating with the First Committee in preparation for the university’s participation in the activities of the aforementioned World Day at the United Nations.

V: Mohammed Amin Al-Midani. « La ligue des états arabes et les droits de l’homme ». Article publié sur le site « scienzaepolitica », selon le lien electronique suivant :
https://scienzaepolitica.unibo.it/article/download/2892/2289
[71]) For example, the Permanent Arab Committee for Human Rights participated in the activities of the International Human Rights Day held in Beirut from 2 to 10 December 1968, and also in the conference held in Cairo on the occasion of the establishment of the United Nations of the African Commission for Human Rights between 2 and 15 September 1969, as well as the Committee In a number of sessions held by the United Nations Commission on Human Rights and in other major conferences such as the United Nations Conference of Governmental Experts on the Development of International Humanitarian Law held in Geneva in 1973.
V: Mohammed Amin Al-Midani. “La ligue des états arabes et les droits de l’homme.” Op. Cit
[72] issued by the University Council at the ministerial level in accordance with Resolution No. 6826 - D. (128) - Part 2 of September 5, 2007.
[73] V: Mohammed Amin Al-Midani. “La ligue des états arabes et les droits de l’homme.” Op. Cit
[74]) Article Three of the internal regulations of the Standing Arab Committee for Human Rights included the various tasks of the latter, and limited them to 13 items.
[75]) See: Report entitled: "The Proposed Arab Court for Human Rights - The adoption of the draft charter of the court and the start of the process of establishing it properly should be withdrawn," published on the website of the International Commission of Jurists "ICJ - FIDH" on March 2014, according to the following link :
https://www.fidh.org/IMG/pdf/final_pp_arab_court_-_en-2.pdf
[76]) Paragraphs: 1, 2 and 3 of Article (45) of the Arab Charter for Human Rights. See about this in more detail: Bouamaza Fatima, Memorandum for Masters Degree, in Public Law, Law of International Organizations and the Law of International Relations, page 116
[77] Paragraph 5 of Article (45) of the Arab Charter for Human Rights.
[78]) Article (47) of the Arab Charter for Human Rights.
[79]) Bouamaza Fatima, Memorandum for Masters Degree in Public Law, previous reference, page 116.
[80]) Article (48) of the Arab Charter for Human Rights.
[81]) Qadri Abdul Aziz, Human Rights, previous reference, page 190.
[82]) The idea originally came back, according to observers, when it was launched by the King of Bahrain, "Hamad bin Isa Al Khalifa," on November 23, 2011, during his receipt of the report of the Bahrain Independent Commission of Inquiry, which indicated Bahrain's human rights violations while countering the internal opposition. However, some have considered that the idea of the court benefits the small kingdom in whitening its record, although, to date, it has not applied the recommendations of the aforementioned committee.
See: Hassan Abbas. Cook "secret to establish an Arab court for human rights!". Article published on April 22, 2014, on the website of “Platform 22” according to the following electronic link:
http://raseef22.com/politics/2014/04/22/1-/ secret-to-cook-to-create-an Arab-court-of-rights
[83]) See: Report entitled: “The Proposed Arab Court for Human Rights - The adoption of the draft charter of the court and the start of its proper construction process must be withdrawn,” p. 6, published on the website of the International Commission of Jurists “ICJ - FIDH” dated March 2014, according to the link. Next email:
https://www.fidh.org/IMG/pdf/final_pp_arab_court_-_en-2.pdf
[84]) See: Hassan Abbas. Cook "secret to establish an Arab court for human rights!". On the previous website.
[85]) See: Dr. Muhammad Amin field. "We have an Arab human rights court." An article published on the website of the "Arab Center for Education in International Humanitarian Law and Human Rights ACIHL", op.
[86]) Article 52 above states that: “Any State Party may propose additional optional annexes to this Charter and take the measures to be adopted in adopting the amendments to the Charter.”
[87]) See: Hassan Abbas. "A secret cookie to establish an Arab human rights court!" On the previous website.
[88]) Qadri Abdul Aziz, Human Rights, previous reference, page 191
[89]) Allam Wael Ahmed. "The Arab Charter on Human Rights, a study on the role of the Charter in promoting human rights in the Arab League." Page 202 to 209.

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