Mahmoudi Mohamed Amine

Group:55
Hman rights are rights that we all have simply because we are human, and
that no state grants them to us. These universal rights are inherent in all
human beings, whatever their nationality, gender, national or ethnic origin,
colour, religion, language, or any other status. They are diverse and range
from the most fundamental right, which is the right to life, to the rights that
make life worth living, such as the rights to food, education, work, health
and freedom.

The Universal Declaration of Human Rights, adopted by the United Nations

General Assembly in 1948, was the first legal document to define basic
human rights that must be universally protected. The Universal Declaration
of Human Rights, the year 2018 marked the 70th anniversary* of its
adoption, continues to form the basis of all international human rights laws.
Its thirty articles also provide the principles and foundations of current and
future human rights conventions and treaties and other legal instruments.

The Universal Declaration of Human Rights, along with the International

Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights, also constitute the International Bill of
Human Rights.
International human rights law
International human rights law establishes obligations that States are bound
to respect and to act in certain ways or abstain from certain actions, in order
to promote and protect human rights and fundamental freedoms of
individuals or groups.
The development of a comprehensive set of human rights laws is considered
one of the great achievements of the United Nations, a comprehensive and
internationally protected code to which all countries can subscribe. The
United Nations has identified a wide range of internationally recognized
rights, including civil, cultural, economic, political and social rights. It also
established mechanisms to promote and protect these rights and assist
states in assuming their responsibilities.

The General Assembly adopted in 1945 and 1948, respectively, the Charter
of the United Nations and the Universal Declaration of Human Rights, which
serves as the basis for this body of law. Since then, the United Nations has
gradually expanded human rights law to include specific standards for
women, children, persons with disabilities, minorities and other vulnerable
groups, who have rights that protect them from the discrimination that has
long been common in many societies.
*Enshrining human rights in the Algerian constitutions -
Constitutionalization of human rights :

Since independence, Algeria has known four constitutions, each of which

came in a special political, economic, and social context. However, they
indicate Algeria’s adherence to the principles of human rights declared in
international conventions].

First: The 1963 Constitution included texts emphasizing the importance of

human rights and basic freedoms for the citizen, whether political, social,
cultural or economic, within the framework of the socialist orientation.
However, this constitution was not implemented in many areas,monopoly of
in many areas, due to the monopoly of power by one party. .
Second: The 1976 Constitution The 1976 Constitution came to
emphasize the importance of human rights and basic freedoms and
also to emphasize the socialist orientation and the one-party system.

What is noticeable here regarding the Algerian constitutional

experience before 1989 is that human rights, the first generation of
human rights, did not constitute a priority for the Algerian rulers,
because the importance according to them was given:

-To build the young state and maintain national unity - through
unilateralism -

- Achieving social justice by paying attention to the rights of the second

generation within the framework of a socialist system

Human rights were seen as a product of Western civilization - especially

political ones - and that they were not necessary in a country that still
needed the basics of life.

Third: The 1989 Constitution

The 1989 Constitution laid out the features of changing the system of
government from socialist to capitalist economically and from
unilateral to pluralistic politically. The constitution included several
articles enshrining rights and freedoms. As a result of the difficulty of
implementing these principles realistically - the sudden transition led to
the emergence of a bloody conflict -, Algeria entered a phase
dominated by abuses. And the security and political unrest that
resulted, resulted in the declaration of a state of emergency.....

Fourth: The 1996 Constitution

The Constitution of November 28, 1996 sought to build what is called

“the state of rights and law.” Chapter 04 - Part One - of the Constitution
was entirely devoted to human rights and freedoms. Article 32 included
a fundamental principle, which is that basic freedoms and human and
citizen rights constitute the common heritage of all Algerian men and
women.[2].

Fifth: Human rights under the 1996 Constitution and the constitutional
amendment dated March 6, 2016.

The rights enshrined in the 1996 Constitution include the following :

1- Political and civil rights

- The principle and right of equality, Article 32: The principle and right of
equality - the right to nationality is stipulated in Article 32

- The right to security and physical integrity, Article 40 and Article 59: “No
one shall be prosecuted, arrested, or detained except in cases limited by the
law and in accordance with the forms stipulated by it.”
-Freedom of belief and expression: Article 42: “The sanctity of freedom of
belief and the sanctity of freedom of opinion shall not be infringed.”

Article 44: Freedom of intellectual, artistic and scientific innovation is

guaranteed to the citizen.

Copyright is protected by law.

- Confidentiality of correspondence and private communications of all kinds,

and the right to private life: Article 46: “The sanctity of a citizen’s private life
and honor shall not be violated and shall be protected by law - Sanctity of
the home: Article 47: “The state guarantees that the sanctity of the home
shall not be violated, so it shall not be searched except in accordance with
the law and within the framework of respect for it. “.-Freedom of
information and expression, freedom of assembly, and the right to form and
establish associations and political parties to express one’s views through
speeches, seminars, and lectures, Articles 48, 49, 52, and 53 of the Algerian
Constitution. Article 49: Freedom of peaceful demonstration is guaranteed
to the citizen within the framework of the law that determines the
modalities of its exercise. Presumption of innocence - Article 49: 56 The right
to legal assistance, Article 57, Non-retroactivity of laws, Article 58 .

2- Economic, social and cultural rights

- Freedom of trade and industry: Article 53: “Freedom of trade and industry
is guaranteed and exercised within the framework of the law - The right to
ownership: of real estate and movables and the freedom to dispose of them,
which was stipulated in Article 64. The article dealt with Article 65: The right
to education is guaranteed.
Article 67: The state encourages the construction of housing.

The state works to facilitate access to housing for disadvantaged groups.

Article 68: The citizen has the right to a healthy environment.

The state works to preserve the environment.

The law defines the duties of natural and legal persons to protect the
environment.

3- Collective rights: These rights are mentioned in the text of Article 30 of

the Algerian Constitution, which says: “Algeria is in solidarity with all peoples
who struggle for political and economic liberation, the right to self-
determination, and against all racial discrimination.”

2_Enshrining human rights in other Algerian laws

:
Algeria has issued several laws - organic and ordinary - that enshrine what is
stated in the constitutional texts. Algeria has also introduced amendments to a
number of legislative texts with the aim of conforming them with its international
obligations, ratified international instruments.

Most laws are related to human rights. The Penal Code protects the right to
life, prevents torture, and infringements on people’s dignity and property...that is,
it punishes crimes committed against human rights. The Commercial Code
regulates freedom of trade and industry, and the Civil Code promotes the right to
private property and the rights of the seller, buyer, and lessor. And the tenant...
[1]

Nationality Law: which enshrines the right to nationality, the Family Law, which
stipulates equality between women and men, and several organic and ordinary
laws were amended, including the Election Law - the right to vote - the Press and
Media Law - freedom of opinion and expression, and the Political Parties Law -[2].

3. Algeria’s ratification of human rights conventions:

1 - Algeria’s ratification of international conventions:

It accepted the Universal Declaration of Human Rights and declared

this in the Constitution of the year (1963). It ratified the Convention
on the Prevention of Genocide, the Special Convention on Refugees
in the year (1963), the Convention on the Elimination of All Forms
of Racial Discrimination (1966) and the “Convention on the
Elimination of All Forms of Racial Discrimination” (1972) “the two
international covenants on civil and political rights and economic,
social and cultural rights” (1989). It also ratified the “First Optional
Protocol” to the International Covenant on Civil and Political Rights
(1989) relating to the acceptance of individual complaints, and the
“Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.” (1989), the Convention on
the Rights of the Child (1993), the Convention on the Elimination of
All Forms of Discrimination against Women (1996), the Treaty on
the Political Rights of Women (2004). and the “Convention for the
Protection of Migrant Workers and Members of Their Families”
(2005).[1]

2- Algeria’s ratification of regional human rights conventions:

As for regional charters, Algeria agreed to the “Cairo

Declaration on Human Rights in Islam” issued by the Organization
of the Conference of Islamic Cooperation in 1990, and joined the
“African Charter on Human and Peoples’ Rights” (1983) and ratified
it in 1986. It also approved the "Amended Arab Charter on Human
Rights", which was adopted by the Arab Summit in Tunisia in May
2004, and ratified in 2006.
Algeria’s reservations to human rights conventions

Algeria made reservations on the provisions of some of the

agreements it ratified, including:
Convention on the Elimination of All Forms of Discrimination
against Women”: Algeria reserved reservations on the principle of
equality between men and women and linked it to the fact that it
does not conflict with family law - especially in the issue of
inheritance -,
- The Convention on the Rights of the Child: “The penalty reserves
and interprets the child’s right to freedom of thought and religion,
in accordance with the Algerian legal systems, especially the
Constitution, which stipulates that the religion of the state is Islam.
It also explains the orphan child’s need for care through the
sponsorship system and not adoption.....[2]

note:
Human rights treaties and conventions ratified and published in the Official
Gazette become part of Algerian law, and accordingly, citizens, individuals,
judges, and lawyers are allowed to rely on such treaties to claim the rights
stipulated. Thus, the international treaty becomes a means available to
citizens to claim their rights.

“Convention on the Elimination of All Forms of Discrimination against

Women”: Algeria reserved reservations on the principle of equality between
men and women and linked it to the fact that it does not conflict with family
law - especially in the issue of inheritance -,

- The Convention on the Rights of the Child: “The penalty reserves and
interprets the child’s right to freedom of thought and religion, in accordance
with the Algerian legal systems, especially the Constitution, which stipulates
that the religion of the state is Islam. It also explains the orphan child’s need
for care through the sponsorship system and not adoption.....[2]

note

Human rights treaties and conventions ratified and published in the Official
Gazette become part of Algerian law, and accordingly, citizens, individuals, judges,
and lawyers are allowed to rely on such treaties to claim the rights stipulated.
Thus, the international treaty becomes a means available to citizens to claim their
rights.
Example:
International Human Rights Day: Gaza.. Here humanity ends
and all rights fall:

Today, the world celebrates the 75th anniversary of the

Universal Declaration of Human Rights, which was adopted by
the General Assembly of Nations in 1948, the same year in
which the rights of the Palestinian people were officially
revoked due to the declaration of the establishment of a
“state,” an illegitimate entity in the heart of the Arab world.

December 10, 2023, when talking about the most basic human
rights falls in the face of what the world is witnessing today of
heinous crimes, horrific massacres, and a genocidal war against
the Palestinians in wounded Gaza, and a day when the free and
honorable people of the world are ashamed to mention rights
and humanity in the face of the West’s claims over the past two
centuries and their pride in democracy and humanity. ..
Western democracies equate the executioner with the victim
and justify the usurpers of the land and humanity with killing,
abuse and displacement. Democracies that consider resistance
“terrorism” and use the “veto” to stop blind aggression, the
Holocaust and the Holocaust, which does not differentiate
between an infant and a boy, a woman, the elderly, or
medical teams, and does not differentiate between a
shelter, a hospital, or School, and considers them legitimate
targets for his bombs and missiles without the slightest
concern for UN resolutions or the International Criminal
Court. An angry international opinion came out in millions
across major capitals to denounce the genocide of the
people of Gaza.

December 10, 2023 marks the 65th day of the Zionist

entity’s aggression against the proud people of Gaza, who
refuse forced displacement and submission in order to
overthrow Zionist plans targeting their land and land and
sea resources, and sacrifice their lives and precious lives and
convoys of martyrs numbering in the tens of thousands for
this.

United Nations High Commissioner for Human Rights Volker

Türk, in a message on the occasion of the 75th anniversary
of the adoption of the Universal Declaration of Human
Rights, describes the Declaration as a miraculous text that
recognized equal human rights, but the reality of Gaza today
and the genocide affecting its population refutes this claim
about human dignity and makes the thirty articles the
problem of the Universal Declaration. Human rights are just
ink on paper and mere principles that fade when they set
foot on the land of Gaza irrigated with the blood of innocent
martyrs.
A/
Human rights are at stake in the war on Gaza:
The current war waged by the Israeli entity on Gaza reveals
an unprecedented human rights situation. Here, traditional
legal terms such as “violation” or “violation” are not
sufficient to describe the degree of assault. This "violation"
has reached the point of complete violation of human
rights.

While the international system, with its structures and

judicial bodies, is unable to deter these crimes and
prosecute their perpetrators, the question arises every
time these crimes are repeated about whether the
international criminal policy in pursuing war criminals
is actually based on abstract moral foundations that
do not distinguish between the gender of the victims
and the perpetrators or their religion. Or their race, or
is it in fact only one of the manifestations of the logic
of power imposed by the victorious powers in World
War II, and they seek to employ it selectively as a
means of pressure and hegemony in their relations
with the rest of the countries.
The legal analyst cannot help but be frustrated by the
state of grave violation of the principles of
international humanitarian law in Gaza in the face of
the silence of the international community and the
inability of its institutions to deter the crimes of the
Israeli occupation. It is this frustration that prompted
the director of the Office of the United Nations High
Commissioner for Human Rights to resign from his
position in a precedent that exposed the falsity of
Western discourse on human rights, and exposed its
legal system, which is blind here and sees there.
The occupation’s waste of human rights in Gaza in
general:

The Israeli occupation did not leave a single crime

stipulated in the Rome Statute of the International
Criminal Court, nor those stipulated in the Four
Geneva Conventions, nor any other crime stipulated in
an ancient or modern international charter or custom,
without committing it. He committed genocide, crimes
against humanity, war crimes, and forced
displacement, targeting hospitals, health facilities, and
places of worship, cutting off water and electricity
supplies, and bombing areas that he himself declared
“safe,” not to mention targeting journalists,
ambulance crews, and relief trucks.
In the face of these crimes, the entire system of the
international community that it claims to have
founded on respect for human rights stands helpless
in the face of a genocidal war that the occupying
entity and its Western supporters describe as a “just
war” and “legitimate self-defense,” and with every
strike inflicted by the occupying army For the Gaza
Strip, the values and principles of international
humanitarian law will fall, and the occupation will not
end its brutal war on Gaza unless the international
system related to human rights wil fall, and the
occupation will not end its brutal war on Gaza unless
the international system related to human rights will
have lost all credibility and become meaningless.

Describing what is happening to human rights in Gaza

as a waste of rights, and not merely an infringement
or violation of them, is justified by a case of deliberate,
systematic, and gross assault targeting the basic rights
of a large number of civilians. It is a clear declaration
by force that the Israeli entity does not recognize the
human nature of the Palestinians, and that as a result
they are deprived of any rights granted to them as
human beings. Therefore, the occupation army not
only violates human rights through direct targeting
with indiscriminate and violent bombing, which
constitutes genocide, but it also targets what the right
to life of survivors can be based on, as it deprives
them of the basic necessities of life, such as food,
water, and health care through... Bombing hospitals
and ambulances carrying the wounded, and
everything that would help preserve, save, or aid lives.

A war in which the number of civilian casualties exceeds 10,000 martyrs,

including approximately 4,200 children, cannot be a just war, and a war that
results in the forced displacement of more than a million people from their
homes in the northern Gaza Strip to unsafe areas cannot be a defense. Self-
righteous, these systematic violations of human rights can only be described
as war crimes in accordance with what is stipulated in the Rome Statute of
the International Criminal Court.

Thus, the war on Gaza once again confirms the seriousness of the thesis of
those who say that the human rights system as adopted by the West is not
based on any abstract moral basis, but rather on double selective and
discriminatory standards, and this is what makes the demands of Western
countries to respect human rights a pressure and bargaining chip against
hostile regimes. she has. This opinion is supported by the speed of this
system’s response to what are believed to be war crimes committed by
Russia in its war on Ukraine and its failure in the face of the horrific crimes
committed by the occupation in Gaza.

Human rights in Palestine:

1/ Conditions of freedom, political rights, and civil liberties:
Civil liberties declined according to the “Freedom House Survey of Political
Rights, Civil Liberties, and Freedom in the World 2001-2002” due to the
killing of Palestinian civilians by security forces, summary trials and
executions of those accused of collaborating with the Zionist occupation by
the Palestinian National Authority, and killings of suspects by armed
factions. Extrajudicially, the official encouragement of Palestinian youth to
confront Israeli soldiers, thus placing them directly in harm’s way.
The Palestinian Human Rights Monitoring Group reports daily disputes and
clashes between various political factions, families, and cities that represent
the entirety of Palestinian society, and divisions during the Al-Aqsa march
led to a violent “intifada.”.