SHORTCOMINGS OF THE ARAB CHARTER ON HUMAN RIGHTS AND THE ARAB COURT OF HUMAN RIGHTS: AN ANALYTICAL STUDY

This descriptive and analytical study aimed to present the shortcomings in the Arab Charter on Human Rights. Discussing the statute of the Arab Court for Human Rights. Study Approach; The inductive method, the descriptive analytical method, and the comparative method. The study reached the following results: the necessity of updating the Arab Charter on Human Rights at the regional level in accordance with international standards; So that the guaranteed rights are linked to monitoring mechanisms that guarantee their actual respect. To allow international and national non-governmental organizations to participate in drafting an “updated” version of the Arab Charter on Human Rights. Getting rid of the relationship of subordination of the Arab Committee for Human Rights to the League Council; By electing independent members and giving it real authority to make decisions. The Charter raises the principle of primacy of the domestic law of states over the international obligations imposed on these states. Article (31) of the Arab Charter on Human Rights: It undermined all the rights it contained, when it approved grants to Arab governments in emergency situations. The right to renounce all rights contained therein. The amended Charter departs from the original, with regard to many issues, such as: equality of women with men. Prohibition of “the death penalty for political crimes” The statute of the Arab Court does not guarantee the independence and integrity of the Arab Court and its judges. Individual victims are not granted the right to direct access to court, and the access of NGOs is also restricted. The statute fails to provide for any monitoring and control mechanism that supervises the implementation of provisions. The absurd clause allowing states alone to submit complaints undermines the reason for establishing the court