Recently, the Federal National Council (FNC) members have voted for a federal draft law beginning a National Human Rights Commission in the United Arab Emirates. The establishment of this Commission has the main objective to strengthen the position of the UAE in international and regional forums about Human Rights. To achieve this goal, the Commission will establish with competent authorities in developing a national action plan to endorse and protect Human Rights in the UAE. Also, it will follow up the legislation and international charters which the State is a party and carry out thereof.
Fotis International Law Firm in UAE wishes to inform the readers of the laws on human rights globally. It is essential to say that in the UAE, there is the Human Rights Office (HRO). It was established by the decision of His Excellency, the Undersecretary of the Abu Dhabi Judicial Department Number 98 (2009). It is part of the International Cooperation and Partnership Division of the Corporate Communication and International Cooperation Sector. The main objective of the HRO is to increase the rule of law by enhancing the understanding and the application of Human Rights in harmony with the rights protected in the UAE Constitution and Laws. The conditions of the HRO to accept complaints are:
The UAE Constitution establish the freedoms and rights of all citizen, prohibit arbitrary arrest, torture and protect civil liberties, such as freedom of speech and press and the practice of religious beliefs. The United Arab Emirates sign the following international Human Rights treaties:
Year of Ratification/ Accession/ Creation
Convention on the Rights of a person with disabilities
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
International Convention on the Elimination of all Forms of Racial Discrimination
Convention on the Rights of the Child
Convention on the Elimination of all Forms of Discrimination Against Women
The Convention against Transnational Organized Crime and its Protocol to Prevent Suppress and Punish Trafficking in Persons, especially women and Children
The Four Geneva Conventions of 1949 and their two Additional Protocols of 1977
The Arab Charter of Human Rights
The Convention on the Prevention and Punishment of the Crime of Genocide
Rome Statute of the International Criminal Court
Human Rights (HHRR) are the elementary rights and freedoms that belong to every individual globally, from birth until death. In 1948, it was adopted by the UN General Assembly as the Universal Declaration of Human Rights (UDHR). This was the first legal document to set out the fundamental human rights to be universally safeguarded, such as the right to life, right to equality before the law, right to privacy, right to asylum, right to education, and an adequate standard of living, etc. This declaration, the International Covenant for Civil and Political Rights and the International Covenant for Economic, Social and Cultural Rights make up the International Bill of Rights:
Human Rights are characterized for:
Before, we showed the laws of human rights in the UAE, but how are the rules of Human Rights in different countries, such as China (1), Netherlands (2), Japan (3), and Argentina (4).
Since June 1989, the Communist Party of China (CCP) remains in power. In 2015, the government detained more than 250 human rights lawyers and activists; they were condemned for “disturbing social order” subversion and other crimes. The organization “Freedom House” has considered China as a country having the worst conditions for internet freedom. With the Covid-19 situation, authorities detained citizen journalists for posting unauthorized reports; for example, the lawyer Zhang Zhan was sentenced by a Shanghai court to four years in prison for crimes related to videos and social media posts about the coronavirus and the lockdown in Wuhan.
Concerning the freedom of religion, Article 36 of the PRC Constitution protects citizens’ liberty of faith. The republic’s official ethnic rules also restate protection of the freedom of religion of ethnic minorities. Still, the Uyghurs population is subject to strict controls on the practice of Islam, such as women are not allowed to dress headscarves, the use of habitually Islamic names is banned, and Uyghurs minor of 18 years old are not acceptable to enter mosques.
2. The Netherlands
In the Dutch Constitution, many human rights are laid down. For example, article 1 says that everyone in the Netherlands must be treated equally in equal circumstances. Furthermore, the Netherland is a party to International Human Rights Agreements, such as the Convention on the Elimination of all Form of Discrimination against Woman, the Convention on the Rights of the Child, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the Optional Protocol to the Convention against Torture, and other cruel, inhuman or degrading treatment or punishment.
Recently, the Minister of Justice and Security published an initial draft bill of the Sexual Offences Act, which projected no amendment to the legal definition of rape, retaining “forcible coercion” and “violence” as its dominant elements. On the other hand, the Netherlands is recorded by the United Nations Office of Drugs and Crime as the topmost destination for victims of Human Trafficking, and in 2000 it was established the Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence against children.
Japan is a country that accepts a minimal number of refugees each year, and it does not have laws prohibiting racial, religious, and ethnic discrimination against non-citizens; the Constitution prohibits these discriminations only for the citizens. Also, it does not have human rights institutions.
In this country, it is permitted the death penalty. For example, in 2019, two men were executed for crimes related to murder and robbery. Concerning disability rights, recently, the Japanese parliament provides legislation to compensate people forcibly sterilized under the Eugenic Protection Act (1948-1966) where reproductive rights were violated. The Japanese Constitution assurances equality between the sexes, The Diet’s (Japan’s Bicameral legislature) passage of the Rule for Equal Chance in Employment for Men and Women in 1985 is help in safeguarding women’s rights. Still, the law is a “standard” and involves no legal penalties for companies who discriminate.
In Argentina, we can find different problems of human rights such as violence against women, police abuse, prison conditions, and violation of indigenous rights. Nevertheless, Argentina has been making progress in protecting Lesbian, Gay, bisexual, and Transgender (LGBT) rights.
The prisons in Argentina are overcrowded with inadequate facilities; in 2003, the National Penitentiary Office and Congress were created to protect detainees’ rights. The Federal Government formed in 2017 the National Committee to Prevent Torture. On the other hand, concerning indigenous rights, they face obstacles in accessing justice, education land, and essential services in Argentina. In 2017, Congress agreed to a law spreading the deadline for finishing a survey of indigenous lands to 2021.
Until the date, the 1994 bombing of the Argentine Israelite Mutual Association that killed 85 people, no one has been convicted of the crime