Arab Charter as it Relates to the European Human Rights - Essay Example

? The Arab Charter Arab Charter as it relates to the European Human Rights Introduction The Arab Charter is a legal document that has been signed and ratified by Arab member states to safeguarde fundamental human rights, and freedoms (Weissbrodt and Vega, 2007). The Charter also at guaranteeing the rights that are safeguarded by the United Nations convention on human rights. Arab Charter 2004 on Human rights affirms the indivisibility and universality of human rights. In March 1945, the League of Arab States was created between Iraq, Syria, Lebanon and Saudi Arabia in order to strengthen ties and respect the sovereignty of the states (Shelton & Wright-Carozza, 2013). The first Arab Charter was adopted in 1994, but none of the states ratified the charter thus leading to amendments that created the Arab Charter of 2004 in Arab summit in Tunis in 2004. The substantial amendments were done to confirm with the international human rights law on issues such as death penalty, rights of non-citizens and freedoms of expression (Weissbrodt and Vega, 2007). The Arab Charter 2004 came in to force on 16th March 2008 after the ratification of the seventh member state of the Arab league. Article 45 of the Arab Charter establishes the Arab Human rights committee that consists of seven independent member state nationals who are tasked with the supervision of the implementation of the charter and reporting on the progress that each member state has undertaken in giving effect to the rights and freedoms safeguarded by the Arab Charter (Shelton & Wright-Carozza, 2013). The final Arab charter is consistent with European Human rights as reflected in the treaties and opinions of UN experts on human rights (Weissbrodt and Vega, 2007). The Arab Charter clearly affirms the universality of human rights and recognizes the fundamental rights such as right to health, fair trial, freedom from torture and right to liberty thus protecting those indivisible human rights. The Arab Charter preamble outlines the Arab’s nations belief in inherent human dignity and right of life that is based on peace, justice and freedom. The preamble rejects racism and Zionism, both of which fuel conflicts and calls for the preservation of the rights of nations to self-determination through preserving the rule of law, equal opportunity and enjoyment of rights and freedoms (Weissbrodt and Vega, 2007). Accordingly, the charter reaffirms the principles of United Nations Universal Declaration of Human Rights, the United Nations International covenants on political, social and cultural rights and Cairo Declaration on Human Rights in Islam (Shelton & Wright-Carozza, 2013). The joint states in Arab charter include the 22 Arab countries, but only 11 have ratified to safeguard the human rights and freedoms guaranteed by the charter. The states that have ratified the charter include Jordan, Algeria, Syria, Palestine, United Arab Emirates, Bahrain, and Libya (Shelton & Wright-Carozza, 2013). Other member states of the League of Arab nations include Kingdom of Saudi Arabia, Tunisia, Djibouti, Algeria, Republic of Sudan, Kingdom of Morocco, Egypt, Iraq, the Sultanate of Oman , Libya, Mauritania and Republic of Yemen (Weissbrodt and Vega, 2007). Article 1 of the Arab Charter recognises human rights as a national concern for Arab states and aims at improving human lives in accordance with human values. The Article seeks to ensure citizens have a sense of the national identity, and share common interests with the spirit of brotherhood, tolerance and universal principles of human rights. Article 1 (d) recognises that human rights are indivisible, interrelated and interdependent as outlined by the United Nations Declaration of universal international human rights charter. Article 2 grants the citizens the right to self-determination, right to sovereignty and right to be free from all forms of racism or Zionism, which constitutes impediment to enjoyment of the fundamental human dignity (Shelton & Wright-Carozza, 2013). The Charter is consistent with the United Nations Universal Declaration of Human Rights Article 1 asserts that human beings are born free and have inherent rights. The European Convention on Human Rights (ECHR) also aims at safeguarding fundamental rights and freedoms. Article 2 of the ECHR safeguards the right to life while Article 3 prohibits torture and other non-humane treatments. Accordingly, the charter is in line with Article 1 of the International Covenant on Civil and Political Rights that grants people the right to self-determination, freedom to engage in economic and cultural development. Article 3 requires the member states to ensure that individuals enjoy rights and freedoms without any form of discrimination such as on the grounds of religion, race, sex, colour, race, opinion and disability (Weissbrodt and Vega, 2007). The states are required to take effective measures in order to guarantee those rights and freedom. Article 3 (c) goes further to guarantee the equality of men and women in human dignity and obligations in the framework of positive discrimination by the Islamic Shariah and divine laws (Shelton & Wright-Carozza, 2013). In this case, the article requires the member states to undertake necessary measures in ensuring equal opportunities between men and women in enjoyment of the rights conferred by the charter. Article III of Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 grants the right to equality and safeguards against discrimination since all persons should be entitled to equal wages for equal work and equal opportunities regardless of the sex, religious belief or language of the individual (Human Rights Library, 2013). Accordingly, the Charter is consistent with Universal Declaration of Human Rights by the United Nations Article 2 that prohibits all manner of discrimination. Accordingly, the Charter conforms to Article 2 of the International Covenant on Economic, social and cultural rights that requires state parties to guarantee rights without any form of discrimination. The Arab Charter has taken in to account Article 3 of the International Covenant on Civil and Political rights that requires the state parties to ensure equality of men and women in both political and civil rights. Article 5 protects the right to life and arbitrary deprivation of life while Article 6 clarifies that sentense by death shall be for the serious crimes in accordance with applicable laws and rendered by competent judicial courts, and individuals sentenced to death shall have a right of appeal or seek pardon to the death sentense. Article 7 prohibits death sentence to minors and pregnant mothers for two years from the date of delivery since the primary rights of the infant must be safeguarded (Shelton & Wright-Carozza, 2013). On the other side, Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 establishes an Islamic order that asserts that all human beings are born free and human life is sacred and no one should be exposed to any death or injury except in accordance with the law (Human Rights Library, 2013). The Arab charter is similar to part III, Article 6 of the International covenant on Civil and Political rights since it aims at safeguarding the dignity of human life and ensuring that people convicted to death have a right to pardon (Shelton & Wright-Carozza, 2013). Article 8 (a) prohibits all forms of torture, cruel and other inhumane treatment. The states are required to protect individuals under their jurisdiction from such acts since they are considered punishable crimes (Child Rights International Network, 2013). The states have an obligation of ensuring redress for the victims of torture and grant the right to compensation in their legal system. Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 under Article VII prohibits torture, degradation and other non-humane treatments that may force an individual to confess to crimes (Smith, 2013). The charter conforms to Article 5 of the United Nations Universal declaration of Human rights 1948 that provides that no individuals should be subjected to cruel treatment and torture. Article 10 prohibits all forms of slavery, human trafficking and forced labour (United Nations, 2013). In addition, the article prohibits exploitation of children in armed conflicts or trafficking humans for the purposes of prostitution and other sexual exploitations. Accordingly, this Charter is in line with Article 4 of the UN Universal declaration of human rights 1948 that prohibits slavery, forced servitude and slave trade. Article 11 guarantees the equality of all persons under the law without discrimination while Article 12 requires the member states to ensure the independence of the judiciary and protect the magistrates from all forms of coercion and threats that may make them issue unfair judicial decisions (Halstead, 2013). Accordingly, Article 13 goes further to guarantee fair and impartial trials under competent courts and right to a public trial except in specific circumstances. Article 14 guarantees the right to liberty and security and prohibits the individuals from searches, arbitrary arrests and detention without trial (Child Rights International Network, 2013). Article 16 required those charged with an offense to be presumed innocent until proved guilty and attain free legal assistance without been compelled to testify against self or confess guilty. Similarly, Article 5 of ECHR provides for the right to liberty and security (Shelton & Wright-Carozza, 2013). Article 21 safeguards the privacy of individuals since no individuals should be subjected to unlawful interference of his privacy or that of his or her family (Halstead, 2013). Accordingly, Article 22 guarantees the right to recognition as a human being under the law. The Article is similar to Article 8 of the ECHR that grants right to private life, family and protection of privacy under the law (Shelton & Wright-Carozza, 2013). Article 34 of the Charter safeguards the freedom of association through granting individuals the right to pursue political activities, engage in public affairs, join associations with others, peacefully assemble and stand for elections or choice representatives in a free manner. Similarly, Article 11 of the ECHR protects the right to freedom of association and right to form trade unions that are necessary in the furtherance of democracy and rights of employees (Smith, 2013). Article 25 provides for respect of cultural rights since minorities have the right to enjoy their culture, practice minority religion or use their own language according to the law. Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 under principle X, the Quranic principle asserts that no compulsion in religion and minorities in Muslim countries should have the freedom of religion (Halstead, 2013). Article 26 provides for the freedom of movement within the member state territory to any part with the territory, and right to choose a residence. Collective expulsion of aliens is all prohibited and member states should lawful expel an alien in accordance with the law (Halstead, 2013). Article 26 prevents the exiling of individuals from their country or preventing them to leave the country. Article 28 provides the right to seek political asylum in other countries in order to escape persecution while political refugees are protected from extradition (Child Rights International Network, 2013). Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 under principle XXIII, the citizens are entitled to freedom of movement and residence while under principle XIX, the citizens have a right to have a family and bring up children in accordance to their culture, religion and traditions (Smith, 2013). The Arab Charter is similar to Protocol 4 that deals with free movement, expulsion and civil imprisonment. Under Article 1, the ECHR prohibits civil imprisonment while Article 4 prohibits collective expulsion of foreigners. Similarly, Article 2 safeguards the right to free movement within a state once an individual is lawfully within the country (Shelton & Wright-Carozza, 2013). Article 30 grants the freedom of thought and religion and individuals are free to express their religious beliefs according to the prescribed laws that ensure tolerance and respect for human rights. Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 also grants the right of thought and speech under principle XII and individuals should be free in pursuit of truth and dissemination of information (Shelton & Wright-Carozza, 2013). Accordingly, Article 9 of the ECHR grants the right to freedom of thought, conscience and religion with no any restrictions other than those prescribed in law and for the furtherance of democratic societies (Halstead, 2013). Article 31 grants the individuals the right to own property thus entrenching economic rights in Arab states since not one can be arbitrarily or unlawfully be denied part of his property (Child Rights International Network, 2013). Accordingly, Article 35 recognises the right to form trade unions and member states should guarantee the right of employees to strike within the limits provided by the international labour laws. Universal Islamic Declaration of Human Rights by the Islamic Council of Europe 1981 grants the right to protection of property, dignified labour and right to social security such as education, food and clothing (Human Rights Library, 2013). Article 32 deals with the rights to attain information, seek and express opinions and also impart information through the media. This article seeks to ensure free press in Arab states since the restriction on the right to information may only aim at ensuring national security and morals in the society. This article is in agreement with Article 10 of ECHR that provides for the freedom of expression, the right to seek information and free press (Shelton & Wright-Carozza, 2013). Article 34 deals with economic rights since every citizen has a right to work without encountering discrimination and is also entitled to fair remuneration and good working conditions that consider the working hours, family needs and occupational safety issues (Child Rights International Network, 2013). Article 34 (c) prohibits child labour and member states are required to legislate on the minimum employment age, regulate the hours and conditions of employment and ensure no discrimination between men and women that occurs in employment matters such as training, and right to equal remuneration for equal work. This is also a right that is guaranteed by Article 23 of the Universal Declaration of human rights 1948 (United Nations, 2013). Article 36 provides for social welfare rights since every citizen has a right to social insurance and social security. Article 37 goes further to require the member states to implement development policies that aim at eradicating poverty and attaining political, social and economic development and ensure each citizen has a right to participate in the development and realization of such benefits (Child Rights International Network, 2013). Article 38 grants each person the right to a standard living and decent life including housing, food and clothing and state parties must undertake measures in using their resources in order to provide for those rights (Halstead, 2013). Article 39 grants social rights to highest attainable physical and mental health standards and access to medical care without any discrimination. The state parties are expected to undertake measures that will provide free access to medical centre regardless of economic status of the individuals, promote health education and suppress traditions that harm the health of individuals (Smith, 2013). Accordingly, the state parties are required to provide clean drinking water, control environmental pollution and combat the abuse of drugs and other substances that harm the health of the citizens (Shelton & Wright-Carozza, 2013). Article 41 of the Arab Charter grants the citizens the right to education and state parties must undertake measures to eradicate illiteracy without discrimination and create plans for adult education. Under the convention, Article 2 of Protocol 1 provides the right of education and parents can have their children educated in accordance with their preferred religious views. The charter is in agreement with Article 26 of UN universal rights that provides right to access free education and use education in promoting tolerance among all nations (United Nations, 2013). Article 42 is aimed at safeguarding the cultural life and scientific progress since state parties are expected to respect the freedoms of scientific research, and protect materials and moral interests that result from artistic production and literary (Smith, 2013). Indeed, this charter is in line with UN Universal declaration of human rights Article 27 that grants an individual the right to participate in cultural life and enjoy the benefits of scientific advancement including the right to protection of artistic production. Article 43 requires the state parties to continue observing the domestic laws and international or regional human rights instruments that they have ratified including the rights of children, minorities and women (Halstead, 2013). Case studies In a landmark case in Administrative judicial Court of Egypt, an Egyptian Muslim had converted his faith to Christianity and sought to have the new status recognised in his identification card. Egypt ratified the ICCPR with some reservation and the court held that Islamic Shariah is Supreme (Smith, 2013). According to Article 18 of the ICCPR, Muslims wishing to convert to Christianity contravened Article 2 of the Egypt constitution of 1971 that states that Islamic law is the Supreme law and thus Islamic Shariah denies the Muslims the right to convert to Christianity. In this type of conflict, Article 43 of the Charter calls for the international conventions so that rules of the charter and reservations of the member states do not impede the objectives of safeguarding the fundamental rights. Another evidence of the charter is the sending of women athletics to Olympic games by Saudi Arabian Kingdom and participation of women in the recent Libyan democratic elections in which women won about 16.5 percent of the seats (Halstead, 2013). Conclusion The Arab Charter aims at promoting the protection of inherent and universal human rights and freedoms among the member states of the league of Arab states. The charter has guaranteed fundamental human rights such as the right to life, the right to be freed from torture and the right to a fair and impartial trial. Accordingly, the charter is consistent with European Charter on human rights and international treaties and other covenants that seek to protect human rights. For instance, the Charter protects the right to assembly and association and prohibits torture, slavery and human trafficking. Indeed, the charter has provided for social rights such as right to highest attainable standards of health care, education and housing. The charter promotes economic rights through granting of equal opportunities and the right to work. The charter has safeguarded the rights of political refugees and people who seek asylum in those countries. in addition, the charter has offered adequate protection to right to religion, thought, and free media. The minorities are free to engage in their cultural life and can be benefit from scientific research activities under the Arab Charter. In my view, the Charter aims at ensuring universality of human rights and fundamental freedoms. Reference list: Brems, E. (2001). Human rights: universality and diversity. Hague: Nijhoff. Child Rights International Network. “Arab charter on Human Rights”, (Web): Accessed on 28th December, 2013 from http://www.crin.org/Law/instrument.asp?InstID=1267. Halstead, P. (2013). Unlocking human rights. New York: Routledge. Human Rights Library. (2013). “Universal Declaration of Human Rights, adopted by the Islamic council of Europe on 19 September 1981/21 Dhul Qaidah 1401”, (Web) Accessed on 28th December, 2013 from http://www1.umn.edu/humanrts/instree/islamic_declaration_HR.html#protection- torture. Shelton, D and Wright-Carozza, P. (2013). Regional protection of human rights. New York: Oxford University Press. Smith, R. (2013). Textbook on international human rights. Oxford: Oxford University Press. United Nations. (2013). “The Universal Declaration of Human Rights”. (Web): Accessed on 28th December, 2013 from http://www.un.org/en/documents/udhr/. Weissbrodt, D and Vega, C. (2007). International human rights law: an introduction. Philadelphia: University of Pennsylvania. Read More