Electronic copy available at: http://ssrn.com/abstract=2000043

1

ANALYTICAL FRAMEWORK OF THE PROTECTION OF

HUMAN RIGHT UNDER THE ARAB CHARTER ON HUMAN

RIGHTS (2004)

Prof. Dr. VIJAY N. GHORMADE1

OUTLINE

I. Introduction

II. Drafting History Of The Arab Charter

III. The League Of Arab States And Middle East Human Rights System

IV. Foundation Of The Arab Charter: Preamble

V. Rights Recognised And Protected Under The Arab Charter

VI. Nature And Scope Of The Human Rights Under The Arab Charter

VII. Enforcement Mechanism: The Arab Human Rights Committee

VIII. Criticism Of Arab Charter

IX. Efforts Of Improvements In Arab Charter & New Trends

X. Progressive Efforts For Promotion Of Human Rights At National Level In The Arab Countries

XI. Universal Periodic Review Of Human Rights Implementation By International Mechanism

XII. Conclusion

Annexure: The Cairo Declaration on Human Rights in Islam

I. INTRODUCTION

The Arab Charter on Human Rights (2004) which came into force in 2008 is the latest regional

human rights documents in modern history of human rights and international law. The Arab

world is spread in Asia and Africa and some few parts have also been extended in Europe,

however, the Arab World is not a geographical concept, it is cultural and religious. Arab Charter

is a typically different kind of documents based on the dual combination of supremacy of

Quranic values and contemporary norms of human rights which are reflected in International

Covenants. The subject matter of this paper is to highlight the main features and provide the

analytical framework of the protection of human rights under Arab Charter of Human Rights

2004. The paper also explains the enumerated human rights in brief. In the next part of the paper,

explanation may contextualize recognised human rights under the Arab Charter in relations with

contemporary norms of human right enshrined in major global and regional documents human

1 Prof. Vijay N. Ghormade is a Professor of Law, Mzumbe University, Tanzania (East Africa). He worked as a

Professor at Chanakya National Law University, Patna, Principal and Professor at Advani Law College (Mumbai)

and New Law College (Pune & Ahmadnagar). This paper is a part the forthcoming book Comparative Study of the Bill of Rights in Post-Cold War Period. Email for contact: ghormade2000@yahoo.com

Electronic copy available at: http://ssrn.com/abstract=2000043

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rights instruments. At present there are 22 countries as members of the Arab League, mainly

from the Middle East but cut across in the continents of Asia and Africa.2 However, only ten

members3 have ratified the human right charter.

The European Human Rights Convention and International Covenants of 1966 are the major

and relevant documents. The comparative perspective of the human rights study and particularly

the Arab Charter of Human Rights may reveal the strength and weaknesses of the regional

system adopted under the documents in parlance with universal document. This kind of study

may be helpful to the civil society to take certain stand for certain universal issues in comparison

with human right issues of relative importance.

In the modern history of human rights instruments, chronologically the American regional

Organisations was first one to adopt regional instruments (OASs Declaration of 1948) for the

protection of human rights, even before the UN adopted the Universal Declaration. Like the

Universal Declaration, the American Declaration encompasses the entire range of human rights.

Additionally, the declaration includes an explicit list of duties, ranging from general duties

toward society and one's children, to an individual's duty to vote, work, and pay taxes (articles

29-38). Despite its early beginnings, the Inter-American system of human rights progressed more

slowly than its European counterparts. Not until 1969 did the OAS adopt the American

Convention on Human Rights, which entered into force in June of 1978. European regional

organisation has been able to adopt Convention on Human Rights in 1950. European system

though chronologically came latter but went ahead than the American regional system in

adopting the treaty to enforce the human right at regional level. And then later, the African

Union has also adopted the regional document: African Charter on Human and Peoples' Rights

1981. Continent wise there was only one continent left out that was Asia, so far there were some

attempt in Asia Pacific to adopt regional instrument of human right, and however, they were not

successful yet.

The Arab League was successful to establish the regional system of human right in 2004.

This is the latest regional system of human right which is different from the earlier existing three

regional systems. The Arab League is an regional organisation based on cultural affinity, cut

across the continental barriers and which spread in Asia and Africa, the common thing among

them is that all of them belong to Arab culture and Islamic by religion. On September 15, 1994,

the Council of the League by its resolution 5437 at Cairo adopted the first version of the Arab

Charter on Human Rights.4 However, this Charter never came into force because no state had

ratified it. On May 2004, the Arab Summit in Tunisia finally adopted a new (current) version of

the Arab Charter on Human Rights. Here the object of this paper is to provide analytical

2 The founding member states were Egypt, Syria, Lebanon, Iraq, Transjordan (now Jordan), Saudi Arabia, and

Yemen. Other members who joined later are Libya, Sudan, Tunisia, Morocco, Kuwait, Algeria, Bahrain, Oman,

Qatar, and the United Arab Emirates, Mauritania, Somalia, the Palestine Liberation Organization (PLO), Djibouti,

and the Comoros. 3 The ten ratifying countries are: Algeria, Bahrain, Jordan, Libya, Palestine, Qatar, Saudi Arabia, Syria, the United

Arab Emirates, and Yemen. 4 The copy of the Charter is available in 18 Human Rights Law Journal 151 (1997)

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framework of the protection of human right under the Arab Charter of human rights which they

have adopted in 2004.

II. DRAFTING HISTORY OF THE ARAB CHARTER

In fact the drafting history of the Arab Charter on Human Rights begins in 1960. In that year,

members of the Union of Arab Lawyers as one of the NGO, requested the League of Arab

States5 during their meeting in Damascus to adopt an Arab Convention on Human Rights. The

Council of Arab League in meeting at Beirut in 1968 took the decision to establish Permanent

Arab Commission and asked the commission to prepare Charter on Human Rights for Arab

World.6 However this Commission was preoccupied primarily with the rights of Arabs living in

Israeli-occupied territories. It is to be noted that the states in the Middle East were greatly

divided over some issues of human rights including the desirability of achieving a European type

of regional system for the promotion and protection of human rights. Many other

intergovernmental and nongovernmental bodies manifested a continuing desire to establish

human rights protection mechanisms in the Middle East. The Commission was to bring an Arab

Convention on Human Rights to promote the idea of human rights in Arab states in 1990s, but it

took some more years and ultimately the in 1994, the League of Arab States adopted the Arab

Charter on Human Rights at its 50th anniversary at Cairo.

The Charter of 1994 has 43 articles after the Preamble7. The Charter proclaims essentially the

same rights as those embodied in the other international and regional human rights instruments.

The main weakness with the 1994 version was the lack of any human rights enforcement

mechanism, particularly in comparison to the mechanisms within the European and American

Conventions on Human Rights, and the African Charter on Human and Peoples Rights.

Following the passage of the Arab Charter there was increasing criticism of its deficiencies by

experts, NGOs, academics and others. The Charter of 1994 could not come into force, because

the lack of required number of (seven States) ratification.

The Leagues adoption of the Arab Charter was critical because the Charter of the League

makes no mention of human rights. Numerous meetings and conferences were organized in

Europe and in the Arab World to pressure Arab governments to amend the Charter. The Council

of the League of Arab States adopted resolutions in 2002 to modernize the Charter of 1994

through the Arab Standing Committee on Human Rights. In a resolution passed on January 10,

2003, the Arab Commission on Human Rights invited the Arab States to submit observations and

proposals to improve the Charter, with a promise that the Commission would examine the

Charter again in January 2004. On a parallel track, the High Commissioner for Human Rights

5 See R. Macdonald, The League of Arab Stares, a Study in the Dynamics of Regional Organisation. Princeton, New

Jersey, Princeton University Press, 1965 6 See R Daoudi, Human Rights Commission of the Arab States, Encyclopedia of Public International Law, Volume

Two, 1995. 7 See this first version in Human Rights Law Journal (HRLJ), 29 August 1997, Vol. 18 N. 1-4, p. 151.

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invited many Arab experts for a meeting in Cairo in December 2003 to present and discuss

proposals to improve the Charter.

The revised draft (new version) of the Charter came into existence after a process of

consultation with Member States, independent experts and nongovernmental organizations in

2004, and ultimately the Arab Charter on Human Rights was adopted during the 16th Ordinary

Session of the Arab Summit which was held on 23 May 2004 in Tunis.8 According to article 49

of the Charter, seven Member States must ratify it in order for the Charter to enter into force.

Accordingly the Arab Charter on Human Rights came into force on 15 March 2008 after the

sufficient number of ratification (seven States). The 2004 Arab Charter on Human Rights is now

a binding treaty. The Charter is now becomes reality, concerned groups and individuals will have

to mount a significant campaign to persuade the more number of Arab states should for

ratification. The Charter reflects the demands and aspirations of the people of the Arab world,

and that it reflects their desire for a meaningful, enforceable human rights system in their region.

The new version of the Charter contains 53 articles after the Preamble, which remains

essentially the same as in the first version.9 The Arab Charter affirms the principles contained in

the UN Charter, the Universal Declaration of Human Rights, and the International Covenants on

Human Rights and the Cairo Declaration on Human Rights in Islam (1990). The Arab Charter

provide protection to well recognized and conventional categories of human rights taking into

account most of the core values of human rights related with right to liberty and security of

persons, equality of persons, protection of persons from torture, etc. The Charter also provides

for the election of a seven-person Arab Committee for Human Rights, as independent and

properly resourced body to consider States' reports. This fact have welcomed by world leaders

and expressed the hope that this body will monitor the Charter so that it will make the Charter

most effective and efficient. However, some of the features of the Charter were subject to

criticism.

III. THE LEAGUE OF ARAB STATES AND MIDDLE EAST HUMAN RIGHTS

SYSTEM

The Arab Charter is a product of the efforts made by the League of Arab States which is a

regional organization of Arab states in the Middle East, formed in Cairo on March 22, 1945. It is

necessary to have a brief introduction of organisation of the League of Arab State. At present

there are 22 member countries of the organisation mainly from the Middle East but cut across in

both the continents: Asia and Africa. The founding member states were Egypt, Syria, Lebanon,

Iraq, Transjordan (now Jordan), Saudi Arabia, and Yemen. Other members who joined later are

Libya (1953), Sudan (1956), Tunisia and Morocco (1958), Kuwait (1961), Algeria (1962),

8 Resolutions of the Council of Ministers of the League of Arab States: 6184 March 2002, 6243 September 2002 and

6302/119 (Part II) March 2003, www.arableagueonline.org/las/index.jsp, Mervat Rishmawi, The Revised Arab Charter on Human Rights: A Step Forward? 5:3 (2005) pp. 3623. 9 Mohammed Amin Al-Midani, The Enforcement Mechanisms of the Arab Charter on Human Rights and the Need

for an Arab Court of Human Rights: http://www.acihl.org/article.htm?article_id=22, accessed on 24 June 2010

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Bahrain, Oman, Qatar, and the United Arab Emirates (1971), Mauritania (1973), Somalia (1974),

the Palestine Liberation Organization (PLO; 1976), Djibouti (1977) and the Comoros (1993).

The aims of the Arab League in 1945 were to strengthen and coordinate the political,

cultural, economic, and social programs of its members and to mediate disputes among them or

between them and third parties. The agreement among members signed on April 13, 1950

expresses the commitment for joint defense and economic cooperation and also coordination of

military defense measures. In its early years, the Arab League concentrated mainly on economic,

cultural, and social programs. In 1959 it held the first Arab Petroleum Congress and in 1964

established the Arab League Educational, Cultural and Scientific Organization (ALECSO). The

Arab League faced various internal as well as external problems. Initially, because of the Egypts

agreement with Israel and then later the Iraqi invasion of Kuwait in 1990 and the later

involvement, at the request of Saudi Arabia, of Western countriesmainly the United Statesin

rescuing Kuwait from Iraq caused a deep rift in the League. Saudi Arabia, Egypt, Syria,

Morocco, Qatar, Bahrain, Kuwait, the United Arab Emirates, Lebanon, Djibouti, and Somalia

endorsed the presence of foreign troops in Saudi Arabia, whereas the others are critical.

In 1960 at Damascus in Leagues meeting, there was a demand from NGO for the human

rights document at regional level in Arab World. The Arab League established the Permanent

Commission and its efforts culminated into the adoption of Arab Charter on Human Rights in

1994. As mentioned above, the Charter of 1994 then had to revise because of some of defects in

it and also because of non-ratification by the member states. The revised charter came into

existence in 2004.

It is to be noted that the universal character of human rights is already objected by many

Asian and African countries at regional and international forum, particularly the diversity and

relativity of human rights norms are justified on the name of cultures in the east predominantly

by the proponents of Islamic, Hindu or Chinese culture. They are critical about the western

orientation of the human rights. The human right idea in the Middle East is based on the

harmonization of both the view-points: on one hand the Charter of the United Nations, the

Universal Declaration of Human Rights and the provisions of the International Covenant on

Civil and Political Rights and the International Covenant on Economic, Social and Cultural

Rights, and on the other hand, full regards to the Cairo Declaration on Human Rights in Islam

(1990), and the Islamic jurisprudence (religious views). The human rights in the Middle East

were to build on such diverse sources. It may also be mentioned that whatever the current

attitudes and policies of governments and their regional groups subscribes, the reality of popular

demands for human rights, including both greater economic justice and greater political freedom,

is beyond debate. A deepening and widening concern for the promotion and protection of human

rights on all fronts, accelerated by the ideal of self-determination in a postcolonial era, is now

unmistakably woven into the fabric of contemporary world affairs.

The League of Arab States ultimately approved an Arab Charter on Human Rights in

September 1994. In 2004, an acceptable version of the Charter was brought into force in 2008.

This Charter provides for periodic reports to the independent Human Rights Committee of

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Experts apparently empowered to request and study reports and submit its own findings to the

Council. Except this body there is no other institution or procedures for monitoring human rights

are specified in the Charter.

IV. FOUNDATION OF THE ARAB CHARTER: PREAMBLE

The preamble of the Arab Charter laid down the fundamental principles on which the Charter of

Human Rights is based. The Preamble take into account the Omnipresence and Omnipotent

Almighty, cultural history and role of the Arab Nations in spreading knowledge, Islamic

religious principles such as fraternity, equality and tolerance principle, unit of Arab world,

principle of self-determination and sovereignty, at the same time indivisible and interdependence

among human rights. It says:

Based on the faith of the Arab nation in the dignity of the human person whom God has

exalted ever since the beginning of creation and in the fact that the Arab homeland is the

cradle of religions and civilizations whose lofty human values affirm the human right to a

decent life based on freedom, justice and equality.

In furtherance of the eternal principles of fraternity, equality and tolerance among human

beings consecrated by the noble Islamic religion and the other divinely-revealed religions,

Being proud of the humanitarian values and principles that the Arab nation has established

throughout its long history, which have played a major role in spreading knowledge between

East and West, so making the region a point of reference for the whole world and a

destination for seekers of knowledge and wisdom,

Believing in the unity of the Arab nation, which struggles for its freedom and defends the

right of nations to self-determination, to the preservation of their wealth and to development;

believing in the sovereignty of the law and its contribution to the protection of universal and

interrelated human rights and convinced that the human person's enjoyment of freedom,

justice and equality of opportunity is a fundamental measure of the value of any society,

The Arab Charter made clear that it reject all forms of racism and Zionism, which constitute a

violation of human rights and a threat to international peace and security. This shows the

recognition of the close link that exists between human rights and international peace and

security, and also reaffirmation of the principles of the Charter of the United Nations, the

Universal Declaration of Human Rights and the provisions of the International Covenant on

Civil and Political Rights and the International Covenant on Economic, Social and Cultural

Rights, and having regard to the Cairo Declaration on Human Rights in Islam.

V. RIGHTS RECOGNISED & PROTECTED UNDER THE ARAB CHARTER

The Arab Charter on Human Rights protects civil, cultural, economic, political and social rights.

Article 2 of the Charter is very similar to the Article 2 article in the International Covenants of

1966 concerning the rights of people to self-determination, to control their natural wealth and

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resources, to freely determine the form of their political structure and to freely pursue their

economic, social and cultural development. The rights recognised in the Charter can be classified

into two categories:

The first category concerns civil and political rights which are concerns with person in

individual capacity and majority of them are negative rights: the right to life (articles 5, 6 and

7)8; the right not to be subjected to torture, inhuman or degrading treatment (articles 8, 9, 18 and

20); the right to be free from slavery (article 10); the right to security of the person (articles 14

and 18); the right of all persons to be equal before the law (article 12); the rights to due process

and fair trial (articles 13, 15, 16, 17 and 19); the right to freedom of movement (articles 24, 26

and 27); the right of respect for private and family life (article 21); the right of political asylum

(article 28); the right to acquire a nationality (article 29); liberty of thought, belief and religion

(article 30); the right of private property (article 31); the right of information and liberty of

opinion, expression and research (article 32); the right to full consent to marriage (article 33).

The second category concerns economic, social and cultural rights and they demands some

positive actions from State and they are also more collectives than the individualistic character:

the right to work (article 34); the right to form trade unions (article 35); the right to social

protection (article 36); the right of development (article 37); the right of education (article 41);

the right to participate in cultural life (article 42); rights of minorities (article 25).

What is new and important in the new version is the confirmation of equality between men

and women in the Arab World (article 3 & 1). The new version also guarantees childrens rights

(article 34 & 3) and the rights of handicapped persons (article 40).

The Arab Charter States parties undertake to implement and protect the following rights and

freedoms as:

1. Right to non-discrimination: the right of all individuals to enjoy the rights and freedoms in

the Charter without distinction on grounds of race, colour, sex, language, religious belief,

opinion, thought, national or social origin, wealth, birth or physical or mental disability

(article 3);

2. the right to life (article 5);

3. freedom from torture (article 8);

4. the right to equality before the law and the equal protection of the law (article 11);

5. the right to privacy: no one is to be subject to arbitrary or unlawful interference with their

privacy, family, home or correspondence (article 21);

6. the right to political participation (article 24);

7. the freedom of movement and residence (article 26);

8. the prohibition of collective expulsions of aliens (article 26);

9. the right to nationality (article 29);

10. the freedom of thought, conscience and religion (article 30);

11. the right to own property (article 31);

12. the right to information and freedom of opinion and expression (article 32);

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13. the right to seek, receive and impart information and ideas (article 32);

14. the protection, survival, development and well-being of the child (article 33);

15. the right of workers to enjoy just and favorable work conditions (article 34);

16. the right to join or form trade unions (article 35);

17. the right to an adequate standard of living which includes access to food, clothing, housing,

services and the right to a healthy environment (article 38);

18. the right to health (article 39);

19. the right to education (article 41); and

20. the right to participate in cultural activities (article 42).

21. The Charter, moreover, guarantees that anyone whose rights or freedoms recognized within

the Charter are violated will have an effective remedy, notwithstanding that the violation has

been committed by persons acting in an official capacity (article 23).

Limitations of the rights contained in the Charter

The Charter permits States parties to take measures derogating from their obligations under the

Charter in exceptional situations of emergency which threaten the life of the nation (article 4).

States parties may only take such measures if they have officially proclaimed such an

emergency, where such measures are not inconsistent with their other obligations under

international law and do not involve discrimination solely on grounds of race, colour, sex,

language, religion or social origin. There are, however, provisions within the Charter from which

no derogation is permissible such as, for example, the right to life, freedom from torture,

freedom from slavery, right to a fair trial and the right to not be imprisoned for being unable to

pay a debt arising from a contractual obligation (article 4).

VI. NATURE & SCOPE OF HUMAN RIGHTS UNDER THE ARAB CHARTER

Article 1: Human rights is universal, indivisible, interdependent, interrelated and at the

center of national concerns

The present Charter seeks, within the context of the national identity of the Arab States and their sense of

belonging to a common civilization, to achieve the following aims:

1. To place human rights at the centre of the key national concerns of Arab States, making them lofty

and fundamental ideals that shape the will of the individual in Arab States and enable him to improve

his life in accordance with noble human values.

2. To teach the human person in the Arab States pride in his identity, loyalty to his country, attachment

to his land, history and common interests and to instill in him a culture of human brotherhood,

tolerance and openness towards others, in accordance with universal principles and values and with

those proclaimed in international human rights instruments.

3. To prepare the new generations in Arab States for a free and responsible life in a civil society that is

characterized by solidarity, founded on a balance between awareness of rights and respect for

obligations, and governed by the values of equality, tolerance and moderation.

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4. To entrench the principle that all human rights are universal, indivisible, interdependent and

interrelated.

Under Article 1 of Arab Charter intend to place human rights at the centre of the key national

concerns and to teach pride in his identity and loyalty to his country and to instill in him a culture

of human brotherhood, tolerance and openness towards others, in accordance with universal

principles and values and with those proclaimed in international human rights instruments. In

order to prepare the new generations a free and responsible life in a civil society that is

characterized by solidarity, founded on a balance between awareness of rights and respect for

obligations, and governed by the values of equality, tolerance and moderation. This article also

recognizes all human rights are universal, indivisible, interdependent and interrelated and also

entrenched. The claim of Arab Charter in this article is in concord with the philosophy of modern

human rights which have been evolved in the post war period. The effort is to reconcile Arab

culture of responsibility, brotherhood, pride, solidarity with right approach of western

civilization.

Article 2: Right of self determination

1. All peoples have the right of self-determination and to control over their natural wealth and resources,

and the right to freely choose their political system and to freely pursue their economic, social and

cultural development.

2. All peoples have the right to national sovereignty and territorial integrity.

3. All forms of racism, Zionism and foreign occupation and domination constitute an impediment to

human dignity and a major barrier to the exercise of the fundamental rights of peoples; all such

practices must be condemned and efforts must be deployed for their elimination.

4. All peoples have the right to resist foreign occupation.

Article 2 of the Arab Charter guarantees the right of self-determination. All peoples have the

right of self-determination and the right to national sovereignty and territorial integrity. It is

important to note this article declared that all forms of racism, Zionism and foreign occupation

constitute an impediment to human dignity and therefore such practices must be condemned and

efforts must be deployed for their elimination. The Charter recognizes that peoples have the right

to resist foreign occupation.

Article 3: Right of non-discrimination

1. Each State party to the present Charter undertakes to ensure to all individuals subject to its jurisdiction

the right to enjoy the rights and freedoms set forth herein, without distinction on grounds of race, colour,

sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or

mental disability.

2. The States parties to the present Charter shall take the requisite measures to guarantee effective

equality in the enjoyment of all the rights and freedoms enshrined in the present Charter in order to ensure

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protection against all forms of discrimination based on any of the grounds mentioned in the preceding

paragraph.

3. Men and women are equal in respect of human dignity, rights and obligations within the framework of

the positive discrimination established in favour of women by the Islamic Shariah, other divine laws and

by applicable laws and legal instruments. Accordingly, each State party pledges to take all the requisite

measures to guarantee equal opportunities and effective equality between men and women in the

enjoyment of all the rights set out in this Charter.

Article 3 of Arab Charter guaranteed right of non-discrimination by declaring all individuals

have right to enjoy the rights and freedoms set forth in this Charter without any qualification

such as race, colour, sex, language, religious belief, opinion, thought, national or social origin,

wealth, birth or physical or mental disability. The right of non-discrimination also have positive

dimension, the this article direct the State should take the requisite measures to guarantee

effective equality in the enjoyment of all the rights and freedoms in order to ensure protection

against all forms of discrimination based on any of the grounds mentioned above.

It also declared that men and women are equal in respect of human dignity, rights and

obligations within the framework of the positive discrimination established in favor of women by

the Islamic Sharias and laws. Therefore, State parties are under a responsibility to take all the

requisite measures to guarantee equal opportunities and effective equality between men and

women.

Article 4: No Derogation from Human rights

1. In exceptional situations of emergency which threaten the life of the nation and the existence of which

is officially proclaimed, the States parties to the present Charter may take measures derogating from their

obligations under the present Charter, to the extent strictly required by the exigencies of the situation,

provided that such measures are not inconsistent with their other obligations under international law and

do not involve discrimination solely on the grounds of race, colour, sex, language, religion or social

origin.

2. In exceptional situations of emergency, no derogation shall be made from the following articles: article

5, article 8, article 9, article 10, article 13, article 14, paragraph 6, article 15, article 18, article 19, article

20, article 22, article 27, article 28, article 29 and article 30. In addition, the judicial guarantees required

for the protection of the aforementioned rights may not be suspended.

3. Any State party to the present Charter availing itself of the right of derogation shall immediately

inform the other States parties, through the intermediary of the Secretary-General of the League of Arab

States, of the provisions from which it has derogated and of the reasons by which it was actuated. A

further communication shall be made, through the same intermediary, on the date on which it terminates

such derogation.

Article 4 of the Arab Charter guarantees non derogation from human rights in public emergency.

When there is an exceptional situation of emergency which threaten the life of the nation and the

existence of which is officially proclaimed, the States may take measures derogating from their

human right obligations, to the extent strictly required by the exigencies of the situation. Such

measures should not be inconsistent with their other obligations under international law and do

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not involve discrimination solely on the grounds of race, colour, sex, language, religion or social

origin.

However, in exceptional situations of emergency, no derogation shall be made from the

articles: article 5 (right to life), article 8 to 10, article 13 and 14 (6), article 15, article 18 to 20,

article 22, article 27 to 30. In addition, the judicial guarantees required for the protection of the

aforementioned rights may not be suspended. State, is also responsible when availing the right of

derogation, to inform immediately to other States through the Secretary-General of the League of

Arab States about the derogation when started with reasons and also when such derogation

terminates.

Article 5: Right to Life

1. Every human being has the inherent right to life.

2. This right shall be protected by law. No one shall be arbitrarily deprived of his life

Article 5 guarantees right to life as human being possess it inherently. Right to life shall be

protected by law and no arbitrary deprivation of life is allowed. However, the right to life is not

absolute. The person can be deprived by laws which are non-arbitrary.

Article 6: Death Penalty only for most serious Crime

Sentence of death may be imposed only for the most serious crimes in accordance with the laws in force

at the time of commission of the crime and pursuant to a final judgment rendered by a competent court.

Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.

Article 6 provides that death sentence may be imposed only for the most serious crimes. The

condition is it should in accordance with the laws in force at the time of commission of the crime

and pursuant to a final judgment rendered by a competent court. Such person shall have the right

to seek pardon or commutation of the sentence. What are the crimes comes in the category of

most serious crime, is a question to be determined on the basis of domestic legal system.

Article 7: No Death Penalty on minor and woman pregnant or nursing

1. Sentence of death shall not be imposed on persons under 18 years of age, unless otherwise stipulated in

the laws in force at the time of the commission of the crime.

2. The death penalty shall not be inflicted on a pregnant woman prior to her delivery or on a nursing

mother within two years from the date of her delivery; in all cases, the best interests of the infant shall be

the primary consideration.

Section 7 prohibits the death sentence on persons below 18 years of age, unless otherwise

stipulated in the laws in force at the time of the commission of the crime. The death sentence is

also prohibited for a pregnant woman prior to her delivery or on a nursing mother within two

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years from the date of her delivery; in all cases, the best interests of the infant shall be the

primary consideration.

Article 8: Prohibition of Torture, Cruel, Inhuman or Degrading Treatment

1. No one shall be subjected to physical or psychological torture or to cruel, degrading, humiliating or

inhuman treatment.

2. Each State party shall protect every individual subject to its jurisdiction from such practices and shall

take effective measures to prevent them. The commission of, or participation in, such acts shall be

regarded as crimes that are punishable by law and not subject to any statute of limitations. Each State

party shall guarantee in its legal system redress for any victim of torture and the right to rehabilitation and

compensation.

Section 8 prohibits the physical or psychological torture or to cruel, degrading, humiliating or

inhuman treatment. State is bound to protect every individual from such practices and shall take

effective measures to prevent them. The commission of torture shall be regarded as crimes and

not subject to any statute of limitations. State has to guarantee in its legal system redress for any

victim of torture and the right to rehabilitation and compensation.

Article 9: No medical experimentation or use of organ without consent

No one shall be subjected to medical or scientific experimentation or to the use of his organs without his

free consent and full awareness of the consequences and provided that ethical, humanitarian and

professional rules are followed and medical procedures are observed to ensure his personal safety

pursuant to the relevant domestic laws in force in each State party. Trafficking in human organs is

prohibited in all circumstances.

Article 9 guarantees that person should not be subjected to medical or scientific experimentation

or to the use of his organs without his free consent. While the consent is obtained he should be

given full awareness of the consequences. It is also necessary that ethical, humanitarian and

professional rules must be followed and medical procedures are observed to ensure his personal

safety pursuant. This article also declared that trafficking in human organs is prohibited in all

circumstances.

Article 10: Prohibition of Slavery and Trafficking

1. All forms of slavery and trafficking in human beings are prohibited and are punishable by law. No one

shall be held in slavery and servitude under any circumstances.

2. Forced labor, trafficking in human beings for the purposes of prostitution or sexual exploitation, the

exploitation of the prostitution of others or any other form of exploitation or the exploitation of children

in armed conflict are prohibited.

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Article 10 prohibit slavery and trafficking in human beings in all its form. It is declared offence

as punishable by law. The person shall not be held in slavery and servitude under any

circumstances. There are numerous form and manifestation of slavery or trafficking, such as

forced labor, trafficking in human beings for the purposes of prostitution or sexual exploitation,

the exploitation of the prostitution of others or any other form of exploitation or the exploitation

of children in armed conflict- all these manifestations are prohibited.

Article 11: Equality before law

All persons are equal before the law and have the right to enjoy its protection without discrimination.

Article 11 declared that all persons are equal before the law. This is a negative aspect of the

equality. The positive side of the equality is also declared by this Article as all persons have the

right to enjoy its protection without discrimination.

Article 12: Equality before courts and independence of judiciary

All persons are equal before the courts and tribunals. The States parties shall guarantee the independence

of the judiciary and protect magistrates against any interference, pressure or threats. They shall also

guarantee every person subject to their jurisdiction the right to seek a legal remedy before courts of all

levels.

Article 12 guarantees three kinds of rights, firstly that all persons are equal before the courts and

tribunals. Secondly that the States should provide guarantee of the independence of the judiciary

and protection of magistrates against any interference, pressure or threats. Thirdly, the state shall

also guarantee of the right of a person to seek a legal remedy before courts of all levels.

Article 13: Right to fair trial

1. Everyone has the right to a fair trial that affords adequate guarantees before a competent, independent

and impartial court that has been constituted by law to hear any criminal charge against him or to decide

on his rights or his obligations. Each State party shall guarantee to those without the requisite financial

resources legal aid to enable them to defend their rights.

2. Trials shall be public, except in exceptional cases that may be warranted by the interests of justice in a

society that respects human freedoms and rights.

Article 13 guarantees for the fair trial and opportunity of hearing. Everyone has the right to a fair

trial that affords adequate guarantees before Court. This court is a competent, independent and

impartial established by law. It is also necessary to have financial arrangement to provide legal

aid to enable them to defend their rights. The Trials shall be held in public, except in the interests

of justice.

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Article 14: Right to Liberty and security and rights of arrested person

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest,

search or detention without a legal warrant.

2. No one shall be deprived of-his liberty except on such grounds and in such circumstances as is

determined by law and in accordance with such procedure as is established thereby.

3. Anyone who is arrested shall be informed, at the time of arrest, in a language that he understands, of

the reasons for his arrest and shall be promptly informed of any charges against him. He shall be entitled

to contact his family members.

4. Anyone who is deprived of his liberty by arrest or detention shall have the right to request a medical

examination and must be informed of that right.

5. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other

officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time

or to release. His release may be subject to guarantees to appear for trial. Pre-trial detention shall in no

case be the general rule.

6. Anyone who is deprived of his liberty by arrest or detention shall be entitled to petition a competent

court in order that it may decide without delay on the lawfulness of his arrest or detention and order his

release if the arrest or detention is unlawful.

7. Anyone who has been the victim of arbitrary or unlawful arrest or detention shall be entitled to

compensation.

Article 14 provides right to liberty and security. There are number of components of this right.

Firstly, the person shall not be subjected to arbitrary arrest, search or detention without a legal

warrant. Secondly the person shall not be deprived of his liberty except procedure established by

law. Thirdly, the arrested person shall be informed about the reasons for his arrest in the

language which he understands and he shall be entitled to contact his family members. Fourthly,

such person has the right to request a medical examination and must be informed of that right.

Fifthly, arrested person on a criminal charge shall be brought promptly before a judge and shall

be entitled to trial within a reasonable time or to release. Detention before the trial shall not be

the general rule. Sixthly, arrested person is entitled to make petition in a competent court to

decide the legality and order his release if the arrest is unlawful. Lastly, person who has been the

victim of arbitrary or unlawful arrest is entitling for compensation.

Article 15: No crime or punishment without law

No crime and no penalty can be established without a prior provision of the law. In all circumstances, the

law most favorable to the defendant shall be applied.

Article 15 has provided two guarantees to the person, firstly, there is no crime and no penalty

without established law, and secondly, the law which is the most favorable to the defendant shall

be applied in every circumstance.

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Article 16: Presumption of Innocence until proved guilty and Rights of Detenues

Everyone charged with a criminal offence shall be presumed innocent until proved guilty by a final

judgment rendered according to law and, in the course of the investigation and trial, he shall enjoy the

following minimum guarantees:

1. The right to be informed promptly, in detail and in a language which he understands, of the charges

against him.

2. The right to have adequate time and facilities for the preparation of his defense and to be allowed to

communicate with his family.

3. The right to be tried in his presence before an ordinary court and to defend himself in person or through

a lawyer of his own choosing with whom he can communicate freely and confidentially.

4. The right to the free assistance of a lawyer who will defend him if he cannot defend himself or if the

interests of justice so require, and the right to the free assistance of an interpreter if he cannot understand

or does not speak the language used in court.

5. The right to examine or have his lawyer examines the prosecution witnesses and to on defense

according to the conditions applied to the prosecution witnesses.

6. The right not to be compelled to testify against himself or to confess guilt.

7. The right, if convicted of the crime, to file an appeal in accordance with the law before a higher

tribunal.

8. The right to respect for his security of person and his privacy in all circumstances.

Article 16 provides the guarantees of the principles of criminal justice available to accused under

modern criminal law. The person charged with offence shall be presumed innocent until proved

guilty and in the course of the investigation and trial, he enjoy some minimum eight guarantees:

the right to be informed the charges promptly in a language which he understands; the right to

have adequate time and facilities for the preparation of his defense; the right to be tried in his

presence before an ordinary court and to defend himself in person or through a lawyer of his own

choosing; the right to the free assistance of a lawyer and if needed interpreter; the right to

examine the prosecution witnesses; the right not to be compelled to testify against himself; the

right to file an appeal before a higher tribunal; the right to respect security of person and privacy

in all circumstances. These all the eight rights to be guaranteed under the domestic criminal to

every accused facing a trial or prosecution.

Article 17: Protection and Special treatment to Juvenile

Each State party shall ensure in particular to any child at risk or any delinquent charged with an offence

the right to a special legal system for minors in all stages of investigation, trial and enforcement of

sentence, as well as to special treatment that takes account of his age, protects his dignity, facilitates his

rehabilitation and reintegration and enables him to play a constructive role in society.

Article 17 provides the special protection to the juvenile. State shall ensure that any child

charged with an offence, he has a right to a special legal system in all stages of investigation,

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trial and enforcement of sentence. The child also deserves to get a special treatment that takes

account of his age and dignity which facilitates his rehabilitation and reintegration.

Article 18: No Imprisonment for inability of contractual obligation

No one who is shown by a court to be unable to pay a debt arising from a contractual obligation shall be

imprisoned.

Article 18 prohibits the imprisonment for the person who is unable to pay a debt arising from a

contractual obligation.

Article 19: Protection from Double Jeopardy

1. No one may be tried twice for the same offence. Anyone against whom such proceedings are brought

shall have the right to challenge their legality and to demand his release.

2. Anyone whose innocence is established by a final judgment shall be entitled to compensation for the

damage suffered.

Article 19 provides the guarantees of criminal justice to person. The person may not be tried

twice for the same offence, which is known as guarantee against double jeopardy. If person face

such proceedings shall have the right to challenge their legality and to demand his release. The

person establishes his innocence by a final judgment is entitled to compensation.

Article 20: Prisoners right to be treated with humanity

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent

dignity of the human person.

2. Persons in pre-trial detention shall be separated from convicted persons and shall be treated in a

manner consistent with their status as un-convicted persons.

3. The aim of the penitentiary system shall be to reform prisoners and effect their social rehabilitation.

Article 20 provides the right of prisoners to be treated with dignity. The person deprived of his

liberty is entitled to get respect to the inherent dignity of the human person and humanity. If the

person is in detention, the pre-trial detunes shall kept be separate from convicted persons and are

entitled to be treated as un-convicted persons. The aim of the prison system should be to reform

the person and facilitates his social rehabilitation but not to punish them.

Article 21: Right to Privacy

1. No one shall be subjected to arbitrary or unlawful interference with regard to his privacy, family, home

or correspondence, nor to unlawful attacks on his honour or his reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

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Article 21 prohibited the interference or attack on right to privacy. The right to privacy has wider

dimension. The person shall not be subjected to arbitrary or unlawful interference in his privacy,

family, home or correspondence or to unlawful attacks on his honour or his reputation. The

person has the right to the protection of the law against such interference or attacks. Thus, the

right to privacy includes protection from arbitrary interference in the home and correspondence;

and also the protection from attack on honour or reputation.

Article 22: Right of Recognition as a Person

Everyone shall have the right to recognition as a person before the law.

Article 22 provides that the person have the right to recognition as a person before the law.

Article 23: Right to effective Remedy

Each State party to the present Charter undertakes to ensure that any person whose rights or freedoms as

herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been

committed by persons acting in an official capacity.

Article 23 provides for the right to effective remedy. Any person whose rights or freedoms are

violated is entitled for an effective remedy. There is no excuse to person even if the person has

acting in an official capacity.

Article 24: Right to participate in public affairs and politics

Every citizen has the right:

1. To freely pursue a political activity.

2 To take part in the conduct of public affairs, directly or through freely chosen representatives.

3. To stand for election or choose his representatives in free and impartial elections, in conditions of

equality among all citizens that guarantee the free expression of his will.

4. To the opportunity to gain access, on an equal footing with others, to public office in his country in

accordance with the principle of equality of opportunity.

5. To freely form and join associations with others.

6. To freedom of association and peaceful assembly.

7. No restrictions may be placed on the exercise of these rights other than those which are prescribed by

law and which are necessary in a democratic society in the interests of national security or public safety,

public health or morals or the protection of the rights and freedoms of others.

Article 24 provides the right to citizen (as this right is not available to every person) to pursue

political activities including to take part in the conduct of public affairs, to contest election or

choose his representatives and also to the opportunity to gain access to public office in his

country in accordance with the principle of equality of opportunity.

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The article 24 also recognizes the right of freedom to form and join associations and peaceful

assembly. There shall not be any restrictions on the exercise of these rights other than those

which are prescribed by law.

The restrictions must be justifiable in a democratic society in the interests of national security

or public safety, public health or morals or the protection of the rights and freedoms of others.

Article 25: Right to Minorities

Persons belonging to minorities shall not be denied the right to enjoy their own culture, to use their own

language and to practice their own religion. The exercise of these rights shall be governed by law.

Article 25 provides Persons belonging to minorities shall not be denied the right to enjoy their

own culture, to use their own language and to practice their own religion. The exercise of these

rights shall be governed by law.

Article 26: Right to Freedom of movement and protection from expulsion

1. Everyone lawfully within the territory of a State party shall, within that territory, have the right to

freedom of movement and to freely choose his residence in any part of that territory in conformity with

the laws in force.

2. No State party may expel a person who does not hold its nationality but is lawfully in its territory,

other than in pursuance of a decision reached in accordance with law and after that person has been

allowed to submit a petition to the competent authority, unless compelling reasons of national security

preclude it. Collective expulsion is prohibited under all circumstances.

Article 26 provides the right to freedom of movement within the country. The person who is

lawfully within the territory of a State, shall have the right to freedom of movement and to freely

choose his residence in any part of the territory in conformity with the laws in force.

The State may not expel a foreigner but is lawfully in its territory. The decision of expulsion

must be taken in accordance with law and after that person has been allowed to submit a petition

to the competent authority. The person may be expelled for compelling reasons of national

security; however, the collective expulsion is prohibited under all circumstances.

Article 27: Right to reside, leave and return the country

1. No one may be arbitrarily or unlawfully prevented from leaving any country, including his own, nor

prohibited from residing, or compelled to reside, in any part of that country.

2. No one may be exiled from his country or prohibited from returning thereto.

Article 27 prohibits the state to prevent the person from the residence, leaving the country and

return back to country. The person may not be arbitrarily or unlawfully prevented from leaving

any country, nor prohibited from residing, or compelled to reside, in any part of that country.

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This right also includes that person may not be exiled from his country or prohibited from

returning thereto.

Article 28: Right to political asylum

Everyone has the right to seek political asylum in another country in order to escape persecution. This

right may not be invoked by persons facing prosecution for an offence under ordinary law. Political

refugees may not be extradited.

Article 28 provides the right to seek political asylum. The person has the right to seek political

asylum in another country in order to escape persecution. However, this right is not available to

person who is facing prosecution for an offence under ordinary law. This article also prohibits

the extradition of political refugees.

Article 29: Right to Nationality

1. Everyone has the right to nationality. No one shall be arbitrarily or unlawfully deprived of his

nationality.

2. States parties shall take such measures as they deem appropriate, in accordance with their domestic

laws on nationality, to allow a child to acquire the mother's nationality, having due regard, in all cases, to

the best interests of the child.

3. Non one shall be denied the right to acquire another nationality, having due regard for the domestic

legal procedures in his country.

Article 30 declares every person have the right to nationality. The issues in the right of

nationality are involved: denial of nationality, nationality to newly born children and acquiring

nationality of another country. According article 30, the person shall not be arbitrarily or

unlawfully deprived of his nationality by the state. States is under a responsibility to take such

measures to allow a child to acquire the mother's nationality. In such cases the best interests of

the child is to be considered. The person shall not be denied the right to acquire another

nationality.

Article 30: Right to Thought, conscience and religion

1. Everyone has the right to freedom of thought, conscience and religion and no restrictions may be

imposed on the exercise of such freedoms except as provided for by law.

2. The freedom to manifest one's religion or beliefs or to perform religious observances, either alone or in

community with others, shall be subject only to such limitations as are prescribed by law and are

necessary in a tolerant society that respects human rights and freedoms for the protection of public safety,

public order, public health or morals or the fundamental rights and freedoms of others.

3. Parents or guardians have the freedom to provide for the religious and moral education of their

children.

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Article 30 provides the right to freedom of thought, conscience and religion subject to the

restrictions only imposed by law. However, the freedom to manifest one's religion either alone or

in community with others shall be subject to limitations as prescribed only by law. These

restrictions justifiable in a tolerant society that respects human rights and freedoms for the

protection of public safety, public order, public health or morals or the fundamental rights and

freedoms of others. The parents have the freedom to provide religious and moral education to

their children.

Article 31: Right to Property

Everyone has a guaranteed right to own private property, and shall not under any circumstances be

arbitrarily or unlawfully divested of all or any part of his property.

Article 31 guarantees every person a right to own private property. In any circumstances

property of a person shall not be arbitrarily or unlawfully divested of all or any part from him.

Article 32: Right to Information and freedom of opinion

1. The present Charter guarantees the right to information and to freedom of opinion and expression, as

well as the right to seek, receive and impart information and ideas through any medium, regardless of

geographical boundaries.

2. Such rights and freedoms shall be exercised in conformity with the fundamental values of society and

shall be subject only to such limitations as are required to ensure respect for the rights or reputation of

others or the protection of national security, public order and public health or morals.

Article 32 guarantees three interrelated rights with regards to information: the right to

information, freedom of opinion and expression, and right to seek, receive and impart

information and ideas through any medium, regardless of geographical boundaries. However,

this right is not absolute; it shall be exercised in conformity with the fundamental values of

society. It is also subject to such limitations as are required to ensure respect for the rights or

reputation of others or the protection of national security, public order and public health or

morals.

Article 33: Right to marry and found family

1. The family is the natural and fundamental group unit of society; it is based on marriage between a man

and a woman. Men and women of marrying age have the right to marry and to found a family according

to the rules and conditions of marriage. No marriage can take place without the full and free consent of

both parties. The laws in force regulate the rights and duties of the man and woman as to marriage, during

marriage and at its dissolution.

2. The State and society shall ensure the protection of the family, the strengthening of family ties, the

protection of its members and the prohibition of all forms of violence or abuse in the relations among its

21

members, and particularly against women and children. They shall also ensure the necessary protection

and care for mothers, children, older persons and persons with special needs and shall provide adolescents

and young persons with the best opportunities for physical and mental development.

3. The States parties shall take all necessary legislative, administrative and judicial measures to guarantee

the protection, survival, development and well-being of the child in an atmosphere of freedom and dignity

and shall ensure, in all cases, that the child's best interests are the basic criterion for all measures taken in

his regard, whether the child is at risk of delinquency or is a juvenile offender.

4. The States parties shall take all the necessary measures to guarantee, particularly to young persons, the

right to pursue a sporting activity.

Article 33 declares that the family is the natural and fundamental group unit of society and such

group is based on marriage between a man and a woman. Article 33 provides right to every man

and woman of marrying age have the right to marry and to found a family according to the rules

and conditions of marriage. The marriage cannot take place without the full and free consent of

both parties. The consent is the basis of marriage and it is subject to law in force.

This article also provides protection to family system by imposing responsibility on the State

and society that they should ensure the protection of the family and all its members and the

strengthening of family ties. All forms of violence or abuse in the relations among its members,

and particularly against women and children are prohibited.

State and society shall also ensure the necessary protection and care for mothers, children,

older persons and persons with special needs and shall provide adolescents and young persons

with the best opportunities for physical and mental development.

It is a responsibility of States to take all necessary legislative, administrative and judicial

measures to guarantee the protection, survival, development and well-being of the child in an

atmosphere of freedom and dignity. It should be ensured in all cases, that the child's best

interests are the basic criterion for all measures taken in his regard, whether the child is at risk of

delinquency or is a juvenile offender.

The States shall take all the necessary measures to guarantee, particularly to young persons,

the right to pursue a sporting activity.

Article 34: Right to Work

1. The right to work is a natural right of every citizen. The State shall endeavor to provide, to the extent

possible, a job for the largest number of those willing to work, while ensuring production, the freedom to

choose one's work and equality of opportunity without discrimination of any kind on grounds of race,

colour, sex, religion, language, political opinion, membership in a union, national origin, social origin,

disability or any other situation.

2. Every worker has the right to the enjoyment of just and favourable conditions of work which ensure

appropriate remuneration to meet his essential needs and those of his family and regulate working hours,

rest and holidays with pay, as well as the rules for the preservation of occupational health and safety and

the protection of women, children and disabled persons in the place of work.

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3. The States parties recognize the right of the child to be protected from economic exploitation and from

being forced to perform any work that is likely to be hazardous or to interfere with the child's education or

to be harmful to the child's health or physical, mental, spiritual, moral or social development. To this end,

and having regard to the relevant provisions of other international instruments, States parties shall in

particular:

(a) Define a minimum age for admission to employment;

(b) Establish appropriate regulation of working hours and conditions;

(c) Establish appropriate penalties or other sanctions to ensure the effective endorsement of these

provisions.

4. There shall be no discrimination between men and women in their enjoyment of the right to effectively

benefit from training, employment and job protection and the right to receive equal remuneration for

equal work.

5. Each State party shall ensure to workers who migrate to its territory the requisite protection in

accordance with the laws in force.

Article 34 guarantees the right to work as a natural right of every citizen (this guarantees is not

applicable to any person). The responsibility of the State is to provide, to the extent possible, a

job for the largest number of those willing to work.

The state should also pay attention to the freedom to choose one's work and equality of

opportunity without discrimination on grounds of race, colour, sex, religion, language, and

political opinion, membership in a union, national origin, social origin, disability or any other

situation.

The worker has the right to just and favorable conditions of work which ensure appropriate

remuneration to meet his essential needs and those of his family. The working condition should

consider working hours, rest and holidays with pay, as well as the rules for the preservation of

occupational health and safety and the protection of women, children and disabled persons in the

place of work.

The children have right to be protected from economic exploitation and from being forced to

perform any work that is likely to be hazardous or to interfere with the child's education or to be

harmful to the child's health or physical, mental, spiritual, moral or social development.

In order to achieve this aim, States shall in particular define a minimum age for admission to

employment; establish appropriate regulation of working hours and conditions; and establish

appropriate penalties or other sanctions to ensure the effective endorsement of these provisions.

The discrimination between men and women is prohibited particularly in their right to

effectively benefit from training, employment and job protection and the right to receive equal

remuneration for equal work. The migrant workers are entitled for requisite protection in

accordance with the laws in force.

Article 35: Right to Form trade union

1. Every individual has the right to freely form trade unions or to join trade unions and to freely pursue

trade union activity for the protection of his interests.

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2. No restrictions shall be placed on the exercise of these rights and freedoms except such as are

prescribed by the laws in force and that are necessary for the maintenance of national security, public

safety or order or for the protection of public health or morals or the rights and freedoms of others.

3. Every State party to the present Charter guarantees the right to strike within the limits laid down by the

laws in force.

Article 35 provides rights with respect to trade union. This right has three aspects: form or join

the union, participate in the union and to go on strike. Article 35 says that every individual has

the right to form trade unions or to join trade unions and to freely pursue trade union activity for

the protection of his interests. This right is subject to restrictions as are prescribed by the laws

and that are necessary for the maintenance of national security, public safety or order or for the

protection of public health or morals or the rights and freedoms of others.

The right to strike is a part of the right to join the union which of guaranteed under the

Charter, however, it is to be exercised within the limits laid down by the laws.

Article 36: Right to Social Security

The States parties shall ensure the right of every citizen to social security, including social insurance.

Article 36 provides right to social security and social issuance. It is the responsibility of the

States to ensure the right of every citizen to social security, including social insurance.

Article 37: Right to development

The right to development is a fundamental human right and all States are required to establish the

development policies and to take the measures needed to guarantee this right. They have a duty to give

effect to the values of solidarity and cooperation among them and at the international level with a view to

eradicating poverty and achieving economic, social, cultural and political development. By virtue of this

right, every citizen has the right to participate in the realization of development and to enjoy the benefits

and fruits thereof.

Article 37 recognizes the right to development as a fundamental human right. The Arab Charter

recognizes the right to development at both the level: it is operational at international level for

the states and also at domestic level for individual. It is the responsibility of State to establish the

development policies and to take the measures needed to guarantee this right. The states are duty

bound to give effect to the values of solidarity and cooperation among them. The right to

development also has an international dimension.

Article 37 directs that it should be implemented at the international level with a view to

eradicating poverty and achieving economic, social, cultural and political development. The

implication of right to development for an individual is that by virtue of this right, every citizen

has the right to participate in the realization of development and to enjoy the benefits and fruits

thereof.

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Article 38: Right to an adequate standard of living

Every person has the right to an adequate standard of living for himself and his family, which ensures

their well-being and a decent life, including food, clothing, housing, services and the right to a healthy

environment. The States parties shall take the necessary measures commensurate with their resources to

guarantee these rights.

Article 38 guarantees the right to adequate standard of living. Under Article 38 every person has

the right to an adequate standard of living for himself and his family. The right is granted to

persons to ensure well-being and a decent life, including food, clothing, housing, services and the

right to a healthy environment. It is a responsibility of the States to take the necessary measures

commensurate with their resources to make this a reality.

Article 39: Right to enjoy highest attainable standard

1. The States parties recognize the right of every member of society to the enjoyment of the highest

attainable standard of physical and mental health and the right of the citizen to free basic health-care

services and to have access to medical facilities without discrimination of any kind.

2. The measures taken by States parties shall include the following:

(a) Development of basic health-care services and the guaranteeing of free and easy access to the centers

that provides these services, regardless of geographical location or economic status.

(b) Efforts to control disease by means of prevention and cure in order to reduce the morality rate.

(c) Promotion of health awareness and health education.

(d) Suppression of traditional practices which are harmful to the health of the individual.

(e) Provision of the basic nutrition and safe drinking water for all.

(f) Combating environmental pollution and providing proper sanitation systems;

(g) Combating drugs, psychotropic substances, smoking and substances that are damaging to health.

Article 39 recognizes the right to enjoy highest attainable standard of physical and mental health.

This right is applicable to the member of the society and citizens. States recognize the right of

every member of society to the enjoyment of the highest attainable standard of physical and

mental health. The state also recognizes the right of the citizen to free basic health-care services

and to have access to medical facilities without discrimination of any kind.

As a part of the implementation of this rights, state has to undertake various measures

including: development of basic health-care services available freely and easily without

discrimination of geographical location or economic status; efforts to control disease by

prevention and cure; promotion of health awareness through education; suppression of harmful

traditional practices; provision of the basic nutrition and safe drinking water; combating

environmental pollution and providing proper sanitation systems; and combating drugs,

psychotropic substances, smoking.

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Article 40: Right of Disabled

1. The States parties undertake to ensure to persons with mental or physical disabilities a decent life that

guarantees their dignity, and to enhance their self-reliance and facilitate their active participation in

society.

2. The States parties shall provide social services free of charge for all persons with disabilities, shall

provide the material support needed by those persons, their families or the families caring for them, and

shall also do whatever is needed to avoid placing those persons in institutions. They shall in all cases take

account of the best interests of the disabled person. 3. The States parties shall take all necessary measures

to curtail the incidence of disabilities by all possible means, including preventive health programmes,

awareness raising and education.

4. The States parties shall provide full educational services suited to persons with disabilities, taking into

account the importance of integrating these persons in the educational system and the importance of

vocational training and apprenticeship and the creation of suitable job opportunities in the public or

private sectors.

5. The States parties shall provide all health services appropriate for persons with disabilities, including

the rehabilitation of these persons with a view to integrating them into society.

6. The States parties shall enable persons with disabilities to make use of all public and private services.

Article 40 provides the right of disable person. There are various activities which are needed to

be done by the State to integrate the person with disabilities into the society.

It is the responsibility of State to ensure the persons with mental or physical disabilities a

decent life. The state should provide guarantees to their dignity, and to enhance their self-

reliance and facilitate their active participation in society. The person with disabilities should be

provided all social services free of charge.

The state shall also provide the material support to needy persons and their families. The

state should make an effort to support families who are caring them so to avoid placing them in

institutions. The best interest of the disabled person is the main consideration while taking any

decision in his matter.

The State is under responsibility to curtail the incidence of disabilities by all possible means.

They should undertake preventive health programmes, awareness raising and education.

The State is also under responsibilities to provide full suitable educational services which are

integrating these persons in the educational system. The state shall also take into account as a

part of such program to provide vocational training and apprenticeship and the creation of

suitable job opportunities in the public or private sectors.

The health services which are appropriate for disable should be provided which may include

the rehabilitation with a view to integrating them into society.

The person with disabilities should be made enabled to make use of all public and private

services.

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Article 41: Right to education

1. The eradication of illiteracy is a binding obligation upon the State and everyone has the right to

education.

2. The States parties shall guarantee their citizens free education at least throughout the primary and basic

levels. All forms and levels of primary education shall be compulsory and accessible to all without

discrimination of any kind.

3. The States parties shall take appropriate measures in all domains to ensure partnership between men

and women with a view to achieving national development goals.

4. The States parties shall guarantee to provide education directed to the full development of the human

person and to strengthening respect for human rights and fundamental freedoms.

5. The States parties shall endeavor to incorporate the principles of human rights and fundamental

freedoms into formal and informal education curricula and educational and training programmes.

6. The States parties shall guarantee the establishment of the mechanisms necessary to provide ongoing

education for every citizen and shall develop national plans for adult education.

Article 41 provides guarantees of right to education to everyone. It is the binding obligation on

the State to eradicate illiteracy.

As a right to education of every individual, States is under the responsibility to provide to

their citizens (here no individual but only citizen) free and compulsory education at least

throughout the primary and basic levels. The primary education in every form is not only

compulsory but also accessible to all without discrimination.

It is also the responsibility of the States to take appropriate measures to ensure partnership

between men and women with a view to achieve national development goals. The education

should be directed to the full development of the human person and to strengthening respect for

human rights and fundamental freedoms. The education should incorporate the principles of

human rights and fundamental freedoms into formal and informal education curricula and

educational and training programmes.

It is also the responsibility of the States to establish the mechanisms to provide continuing or

ongoing education for every citizen including adult education.

Article 42: Right to take part in cultural life

1. Every person has the right to take part in cultural life and to enjoy the benefits of scientific progress

and its application.

2. The States parties undertake to respect the freedom of scientific research and creative activity and to

ensure the protection of moral and material interests resulting from scientific, literary and artistic

production.

3. The state parties shall work together and enhance cooperation among them at all levels, with the full

participation of intellectuals and inventors and their organizations, in order to develop and implement

recreational, cultural, artistic and scientific programmes.

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Article 42 provides the right of every person to take part in cultural life and to enjoy the benefits

of scientific progress and its application. The freedom of scientific research and creative activity

of individual is recognised with a view to ensure the protection of moral and material interests

resulting from scientific, literary and artistic production. In order to develop and implement

recreational, cultural, artistic and scientific programmes, the state is under an obligation work in

cooperation intellectuals and inventors and their organizations.

Article 43: No interpretation so as impairing the rights and freedoms

Nothing in this Charter may be construed or interpreted as impairing the rights and freedoms protected by

the domestic laws of the States parties or those set force in the international and regional human rights

instruments which the states parties have adopted or ratified, including the rights of women, the rights of

the child and the rights of persons belonging to minorities.

Article 43 provides the rule of interpretation. The provisions of the Charter should not be

interpreted in the way which will impair the rights and freedoms protected by the domestic laws,

international and regional human rights instruments which the states parties have adopted or

ratified. The specifically the rights of women, the rights of the child and the rights of persons

belonging to minorities should not be interpreted in the way which may impair their rights.

Article 44: Obligation of legislative/non-legislative measures to give effect

The states parties undertake to adopt, in conformity with their constitutional procedures and with the

provisions of the present Charter, whatever legislative or non-legislative measures that may be necessary

to give effect to the rights set forth herein.

Article 44 provides that the states are under an obligation to adopt all legislative or non-

legislative measures to give effect, in accordance with the constitutional procedures, to the rights

set forth in the Arab Charter

VII. ENFORCEMENT MECHANISM: THE ARAB HUMAN RIGHTS COMMITTEE

There are three article devoted for the enforcement mechanism of the Arab Charter. The Charter,

under article 45, establishes the Arab Human Rights Committee of seven members for four year.

Article 46 elaborate the vacancies-how to fill up. Article 47 immunities which are available to

the member of the Committee and last Article 48 provides details about the obligation of the

member state to submit periodic Report to Secretary General of League. There is no further

mechanism or any other organ for the supervision of human rights observance of human rights

under Arab League. States parties in accordance with article 48 undertake to submit reports on

the measures they have taken to give effect to the rights and freedoms recognized in the Charter

and on the progress made towards their enjoyment. The Committee will consider the reports in

the presence, and with the participation, of the State party in question. The Committee may

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request additional information relating to the implementation of the Charter. Having considered

the report, the Committee will issue final comments and recommendations which will be

included in the annual report to the Council of the League of Arab States.

It is to be noted that under article 48 the Committee is empowered to issue general

recommendations or comments, similar to those issued by the United Nations human rights

treaty bodies, on the Charter in order to clarify State parties duties with respect to certain

provisions and/or suggest approaches to implementing the provisions of the Charter. The reports,

final comments and recommendations of the Committee are to be made public and the

Committee will ensure wide dissemination of this documentation (article 48).

Article 45: Establishment and Composition of Arab Human Rights Committee

1. Pursuant to this Charter, an "Arab Human Rights Committee", hereinafter referred to as "the

Committee" shall be established. This Committee shall consist of seven members who shall be elected by

secret ballot by the states parties to this Charter.

2. The Committee shall consist of nationals of the states parties to the present Charter, who must be

highly experienced and competent in the Committee's field of work. The members of the Committee shall

serve in their personal capacity and shall be fully independent and impartial.

3. The Committee shall include among its members not more than one national of a State party; such

member may be re-electe