نوع مقاله : مقاله علمی- پژوهشی مستخرج از رساله
موضوعات
عنوان مقاله English
نویسندگان English
The International Covenant on Civil and Political Rights (ICCPR) elucidates the individual rights and freedoms enshrined in the Universal Declaration of Human Rights. It transforms them into a binding legal instrument and the cornerstone of international thought on promoting and protecting civil and political rights. Tunisia and Morocco, both Muslim-majority states party to the ICCPR, have enacted legislative reforms to advance human rights in the wake of the Arab Spring uprisings of 2010. This study focuses on four key areas—women’s rights, freedom of expression, freedom of religion and belief, and the criminal rights of defendants and offenders—to comparatively analyze the status of these indicators and associated legal dimensions in Tunisia and Morocco relative to these states’ commitments under the ICCPR and their respective constitutions during the period 2010-2020. This qualitative study, employing descriptive and comparative data analysis and a comprehensive review of relevant literature, delves into the legal and operational discrepancies between the foundational beliefs and cultural norms regarding human rights in the context of international legal obligations. The study assesses the impact of the Middle East’s post-2010 transformations on the tension between domestic constitutional provisions and the two states’ commitments to the ICCPR. Findings indicate several factors contribute to the gap between the states’ commitments to the ICCPR and their actual measures. These include alternative legal provisions enacted through domestic legislation, political considerations, the need to maintain power, the importance of attention to Islamic Sharia, cultural factors, societal characteristics, and a lack of adequate enforcement mechanisms.
کلیدواژهها English