Regional rights charters and the problems they pose to the universality of human rights, with particular reference to the Mediterranean region

Abstract

My primary objective in the course of this thesis is an attempt to drawn some conclusions regarding whether regionalism poses a threat to the universality of human rights. In order to come to some conclusion I shall be basing my study on the examination of five regional instruments in juxtaposition to the international instruments for the promotion and protection of human rights. The regional instruments I shall be analysing are the following: the European Convention on Human Rights, the European Union Charter on Fundamental Rights, the · African Charter on Human and Peoples' Rights, the Cairo Declaration on Human Rights in Islam, the Arab Charter on Human Rights and the instruments for the international protection of human rights consist of the Universal Declaration on Human Rights and the two International Covenants, on Civil and Political Rights and on Economic, Social and Cultural Rights. In the course of this study I shall be emphasising that the universality of human rights may be threatened on two levels and my approach to the examination of the regional instruments is indicative of these levels. Thus on the first level I will seek to examine the raison d'etre to a particular regional instrument, with the purpose of determining whether such instrument aspires to embody universal principles. Secondly via a detailed analysis of the substantial provisions embodied in such instrument, I intend concluding whether the instrument does s·ubstantially, actually and effectively adversely affect the universality of human rights.