ISLAMIC RESERVATIONS’ TO HUMAN RIGHTS TREATIES AND UNIVERSALITY OF HUMAN RIGHTS WITHIN THE CULTURAL RELATIVIST PARADIGM (مقاله علمی وزارت علوم)

ISLAMIC RESERVATIONS’ TO HUMAN RIGHTS TREATIES AND UNIVERSALITY OF HUMAN RIGHTS WITHIN THE CULTURAL RELATIVIST PARADIGM (مقاله علمی وزارت علوم) نویسندگان: احمدعلی سواد منبع: حقوق بشر سال دوازدهم پاییز و زمستان 1396 شماره 2 (پیاپی 24) چکیده The legitimacy debate between ‘universal’ human rights and its apparent conflict with the Islamic value system (broadly characterized as the ‘relativist’ challenge to ‘universal’ human rights) is still far from settled. My paper will reflect on this debate in terms of the current international treaty law. The paper will consider this conflict in the light of the interaction of Islamic states with multilateral human rights regimes, starting from United Nations Charter, Universal Declaration of Human Rights, the two covenants (International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights) and the stream of other international and regional human rights regimes. It will analyze through the ‘reservations’ clause of human rights regimes, the interaction between ‘universal’ human rights and Islamic law. In particular, it will focus on how Islamic states have put forward what has come to be known as the “Islamic reservations”, and it will attempt to outline to what extent these reservations are contradictory to universal human rights, as noted in the objections to these reservations by various states parties to the treaties. An assessment will also be made of the extent to which the human rights to which the ‘Islamic reservations’ have been made, may actually be incorporated into the legal systems of the reserving Islamic countries.