Full title in original language:
Article 43 of the Arab Charter on Human Rights: Reconciling National, Regional, and International Standards
Education level:
University University (18+ years)Topic / subtopic:
Terrorism Regional counter-terrorism approachesHuman rights and civic education Human rightsTarget audience:
Teachers / Lecturers,
Professors,
Students
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
open access
Individual authors:
Mohamed Y. Mattar
Publication year:
2013
Published by:
Harvard Human Rights Journal
Copyright holder:
© Harvard Human Rights Journal
Contact name and address:
Harvard Human Rights Journal
Contact email:
hlshrj@gmail.com
Key themes:
terrorism
regional approach
human security
africa
war on terrorism
counter terrorism
counter-terrorism
counterterrorism
war on terror
middle east
gulf
human rights
arab charter
article 43
Links:
Short description:
Article 43 of the Arab Charter on Human Rights states, “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 forth in the international and regional human rights instruments which the states parties have adopted or ratified, including the rights of women, the rights of children and the rights of minorities.” Article 43 thus addresses the interaction between the Arab Charter on Human Rights and the domestic laws of Arab states. It also addresses the relationship between the Charter and international law. In analyzing these interactions, I argue that interpretation of the rights stipulated in the Charter should not be impaired by domestic laws that may restrict such rights. Instead, I explain that the Charter, as a regional convention, should be read in accordance with the principles of international treaty interpretation. I conclude that the Article 43 mandate requires a review of domestic legislation to ensure compatibility with the Charter as well as the incorporation of international law in domestic courts.