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Volume :5 Issue : 18 1979      Add To Cart                                                                    Download

HUMAN RIGHTS & ITS GUARANTEES A comparative study of the Gulf States Constitutions. The Universal Declarations And The Origins of These Rights in Islam

Auther : By Dr. Othman Abdul Malik Al-Salih

 

The purpose of this article – for the first time – is to examine the substance and the Guarantees of Human Rights in the Gulf States Constitutions, and the extent of its observance in practice.

The Author attempted patiently to use a comparative method in analyzing those rights in the Gulf States Constitutions, and those contained in the Universal Declarations on Human Rights; as well as the rules and principles concerned embodied in Islamic Law.

The introductory chapter examines the development of the doctrine of rights and freedoms as a background to the evolution of the provisions concerned in the Gulf constitutions. That against the explation of the concept of those rights and the basis upon which they were built and guarantees exists on the international level.

The study has been divided into two parts:

  1. The first part deals with the substance of Human Rights in the Gulf States Constitutions. Chapter one explains some of the traditional individual freedoms as embodied in those Constitutions. Chapter two discusses the elements of economic and social Democracy included in the issue.
  2. The second part deals with the Human Rights Guarantees in the Gulf States Constitutions. Chapter one lists the Guarantees taken from the General principles. Chapter three discusses the political safeguards.

FINDINGS:

  1. That Islam has laudably recognized Human Rights since fourteen centuries ago.
  2. That the Gulf States Constitutions contain the latest advances in this field, such as granting to the individual all the traditional rights and freedoms, as well as the economic and social rights as laid out in the Universal Declarations. If these Rights were applied in international practice, they would pave the way for serious preservation of these Rights and Freedoms.

It should be noted that the real practice in international, political, economical and social life exposes a deep gap between the theory and practice.

The Author also emphasizes, in reaching such a conclusion, that the threat of violation of these Rights does not come from the Authorities only; but also from scientific and technological developments. Therefore, he suggested that the protection of Human Rights should come from the international community, which will penalize any violators.

 

 

 

 

 

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