الموضوع: Human Rights
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قديم 20-04-09, 08:41 AM

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افتراضي Human Rights



 

By*: ‬LTC.Dr*. ‬Abdullah El-Moneif
In this article I will review the concept*, ‬as discussed in the Western literature and successively defined by the United Nations*. ‬I will advance this discussion by presenting human rights in the Kingdom of Saudi Arabia and the Saudi cultural understanding of the phenomenon*.‬

The view adopted by the western scholars with regard to international human rights law has tended to emphasize the basic rights of individuals*. ‬According to Paul Magnarella*, ‬there are two typically western definitions of human rights*. ‬The first stresses how they help each individual develop his/her potentials*.‬
Human rights are those conditions of life*, ‬which allow us to realize our full potential and to develop our qualities of intelligence*, ‬conscience and spirituality*. ‬Such an environment respects and protects the dignity of each person and rejects stereotypical views of individuals*. ‬Human rights is not an abstract concept for lawyers and philosophers*--‬human rights affect the daily lives of every man*, ‬woman and child in our society* (‬Magnarella 2002*, ‬13*).‬
The concept of human rights is best interpreted by constructivist theory*, ‬as Donnelly puts it*:‬
Human rights aim to establish and guarantee the conditions necessary for the development of the human person envisioned* ... [‬one particular*] ‬underlying moral theory of human nature*, ‬thereby bringing into being that type of person*. ‬The evolution of particular conceptions or lists of human rights is seen in the constructivist theory as the result of the reciprocal interactions of moral conceptions and material conditions of life*, ‬mediated through social institutions such as rights the clearest of several definitions in the contemporary literature*:‬
Human rights are rights of individuals in society*... [‬e]very human being has*... ‬legitimate*, ‬valid*, ‬justified*, ‬claims upon his or her society*... ‬to various* ‬goods* ‬and benefits*... ‬they are defined*, ‬particular claims listed in international* ‬instruments*... ‬deemed essential for individual well-being*, ‬dignity*, ‬and fulfillment*, ‬and that reflect a common sense of justice*, ‬fairness*, ‬and decency* (‬Henkin 1990*, ‬2*).‬
Also this modern concept of human rights has been discussed in comparative philosophical frameworks in western political philosophy* (‬Donnelly 1989*, ‬Galtung 1994*). ‬The concept of human rights is dynamic*. ‬It has evolved over time*, ‬and is still evolving*. ‬In the late 1990s the definition of human rights has expanded to embrace not only civil*, ‬political*, ‬social*, ‬cultural*, ‬and economic rights*, ‬but also the right to peace*, ‬the right to a* ‬ healthy environment*, ‬the rights to development etc*.‬

Human Rights and the United Nations
The remarkable evolution in international human rights law after World War II began with the United Nations Charter*. ‬The charter asserts*, ‬its preamble that the members are* ‬determined*... ‬to reaffirm faith in fundamental human rights*, ‬in the dignity and worth of the human person*, ‬in the equal rights of men and women* (‬Gerhard 1996*, ‬177*). ‬The three major provisions are Article 1*(‬3*), ‬55* (‬c*), ‬and 56*. ‬The first of these provisions recognized that one of the purposes of the United Nations foundation in 1945* ‬is international co-operation in solving problems of an economic*, ‬social*, ‬cultural*, ‬or humanitarian character*, ‬and* ‬in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race*, ‬sex*, ‬language or religion* (‬Buergenthal 1988*, ‬19*).‬
In Article 56*, ‬member states undertake* ‬to take joint and separate action in cooperation with the Organization for the achievement of the purposes set forth in Article 55*". ‬Article 62* ‬directs the economic and social council to make recommendations in prusuance of Article 55*, ‬c*, ‬and and Article 68* ‬sets up a commission for the* ‬promotion of human rights*.‬

Human Rights in the Kingdom of Saudi Arabia
After exploring the manner in which human rights have been discussed in Western literature*, ‬let us now focus our attention on the Kingdom of Saudi Arabia and Saudi society and the manner in which Islam has historically shaped and defined its understanding of the subject matter*. ‬There are two points to note here if we are going to appreciate the dialogue between the West and the Muslim World*. ‬The first point of discourse is the nature of man in the two systems of conceptualization*. ‬For Saudi society Islam has made it categorically clear that the human being is a theomorphic being who has physical and ****physical element*. ‬Secondly*, ‬and it is well known that the Sariah of Islam came to protect the five necessary things and prohibit transgression against them*, ‬and they are*: (‬1*) ‬the religion*; (‬2*) ‬life*; (‬3*) ‬wealth*; (‬4*) ‬honour*; ‬and* (‬5*) ‬intellect*.‬
Freedom of conscience is laid down by the Quran itself*: ‬There is no compulsion in religion* (‬2:256*). ‬Racism is incomprehensible to Muslims*, ‬for the Quran speaks of human equality in the following terms*; ‬O mankind*! ‬female*, ‬and made you into nations and tribes*, ‬so that you may come to know one another*. ‬Truly*, ‬the most honored of you in Gods sight is the greatest of you in peity*. ‬God is All-Knowing*, ‬All-Aware* (‬Quran 49:13*). ‬It is against this background that we now turn to the understanding of the Saudi approach* ‬to human rights*.‬
In the speech of the Kingdom of Saudi Arabia delivered by the Custodian of the Two Holy Mosques King Abdullah Ibn Abdul Aziz* (‬then Crown prince*) ‬in the opening session of the United Nations Millennium Summit*, ‬held in New York on September 9*, ‬2000*, ‬King Abdullah* ‬said*,‬
The adoption by the United Nations of the topic of human rights*, ‬which was enshrined in the Human Rights Conference held in Vienna in April 1993*, ‬is appreciated and commended by us*. ‬It is unfortunate that the issue of human rights is often used as a means of pressure and a tool of extortion*, ‬with the aim of achieving certain political and economic interests*. ‬We regard human rights as a gift to mankind from the Creator*, ‬and not one gratuitously granted by one human being to another*. ‬Such human rights exist in the roots of every human civilization*, ‬and are not a monopoly of one culture*. ‬It is absured to impose on an individual or a society rights that are alien to its beliefs or principles*. (‬Ministry of Information 2000*).‬
In the speech of the Kingdom delivered by HRH Crown Prince Sultan Ibn Abdul Aziz in the United Nations High Level Plenary Meeting in New York on September*, ‬15*, ‬2005*, ‬Crown Prince Sultan said*: ‬This international summit is being held five years after the UN Millennium Summit*, ‬whose agreed-upon objectives still require more effort in order to be met Today*, ‬we are in dire need of an United Nations*, ‬one that is capable of fulfilling its responsibility for maintaining international peace and security*, ‬fostering sustainable development and safeguarding human rights in a manner that respects the diversity of societies and cultured* (‬Ministry of Foreign Affairs 2005*).‬

 

 


 

   

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