Article 43 of the Arab Charter on Human Rights: Reconciling National, Regional and International Standards

The author analyzes Article 43 of the Arab Charter and how it should be interpreted to guarantee expansive rights for women. He argues that national courts must look to international human rights law as a guide to interpret Charter rights. The author explores how the Charter explicitly gives rights protection to women and how its inclusion of "positive discrimination" is beneficial for women's rights in the region. The author explains how domestic courts in Arab countries have been applying international norms of human rights and CEDAW. He notes that, while the Charter offers progress in the field of women's rights, problems still remain when resolving some Shariah principles with the Charter. He argues that interpreting those principles based upon international norms of human rights law can amend any derogation of rights.