INTERNATIONAL AND REGIONAL PROTECTION OF THE RIGHT TO INVIOLABILITY HOUSING: COMPARATIVE LEGAL STUDY
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The international community has expressed its efforts in the field of protecting human rights and various freedoms through international conventions and regional and Arab pacts. Countries have made great efforts to develop the justice system over the past decades. International and local efforts in the Gulf countries in general and in the United Arab Emirates and Saudi Arabia in particular focus on providing a legal and just environment that works to guarantee the rights of every person in general. Everyone is equal before the law. The regulatory and technical authorities in both countries, through Visions 2030, have worked to raise the level of coordination and cooperation between the criminal justice and security sectors in legal, organizational, executive, and judicial terms; to develop the judicial sector in both countries and the security sector in particular; and to prepare and train their men to preserve human rights during the exercise of their work. They wrote this protection into the texts of their rules and laws, which made it easier for them to work faster and cut down on the time it took to find out the truth about the crime they were looking into. They also made sure that people's physical and moral freedoms were protected during housing inspections. An inspection is one of the most important and most dangerous criminal procedures that security men can carry out, and its content is a violation of human rights. It is also one of the most important and urgent investigation procedures, whether it is on the person of the accused, or in his residence, with the aim of revealing the truth of the crime that actually occurred and is not probable, and the search and careful investigation of its evidence that may prove or may deny the conviction of the person of the accused or the accused who have been ordered to search, or those previously ordered to arrest them. The problem of the study here is the question of the adequacy of international and regional legal texts with regard to judicial inspection, which is capable of protecting the human right to preserve the sanctity of his home or not. As a result, the study intends to examine international and regional legal texts in both the Saudi system and UAE law, as well as discuss their statutory authority in protecting the human right to the sanctity of their private lives during home inspections. The study revealed the inadequacy of international and regional texts in protecting human rights to the sanctity of their private lives. It appears to be law enforcement officials carrying out the procedure in the manner in which they adhere to the sanctity of the home, and the Saudi system corrects the evidence for it despite the invalidity of the procedure. Because of this, it is important to change some texts to protect the right to the sanctity of the home.
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Al-Khatib, S. M. (2010). Foundations of Human Rights in Religious and International Legislation. Al-Halabi Human Rights Publications.
Al-Shahawi, M. M. (2005). Criminal Protection for Private Life. Dar Al-Nahda Al-Arabiya.
Dhabi-UAE, A. (2019). Arrest without a Warrant and Guarantees of the Arrestee: A Comparative Study between the Emirati Law and the English Law Humoud Khalifa Almansoori. University of Sharjah Journal of Law Sciences, 16(1), 1-26.
Duffy, M. J., & Alkazemi, M. (2017). Arab Defamation Laws: A Comparative Analysis of Libel and Slander in the Middle East. Communication Law and Policy, 22(2), 189-211. https://doi.org/10.1080/10811680.2017.1290984
Fomina, L. Y. (2016). Protection of the right to respect for private and family life in European Court of Human Rights. European Research Studies, XIX(3).
Galagan, V., Ablamskyi, S., Udovenko, Z., & Ablamska, V. (2021). Judicial control as a guarantee of non-interference in private life during the pre-trial investigation: An observation under the European Court of Human Rights. Colombia Universidad Cooperativa de Colombia.
Hassan, B. E. D. (2017). Regional Protection of Human Rights in the Arab States in Statu Nascendi (Human Rights: International Protection, Monitoring, Enforcement (pp. 239-253). Routledge.
Li, B. (2022). On the Right of Residence in the Chinese Civil Code. International Journal of Social Science Economic Education Research, 5(8), 767-777.
Lixinski, L. (2014). Comparative International Human Rights Law: An Analysis of the Right to Private and Family Life across Human Rights “Jurisdictions”. Nordic Journal of Human Rights, 32(2), 99-117. https://doi.org/10.1080/18918131.2014.897007
Lixinski, L. (2017). Comparative International Human Rights Law: An Analysis of the Right to Private and Family Life across Human Rights “Jurisdictions” (Fragmentation in International Human Rights Law (pp. 13-31). Routledge.
Luis, A. (2018). The right to respect for private life: digital challenges, a comparative-law perspective: the United States. European Parliamentary Research Service, Brussels.
Myhill, A. (2019). Renegotiating domestic violence: police attitudes and decisions concerning arrest. Policing and Society, 29(1), 52-68. https://doi.org/10.1080/10439463.2017.1356299
Othman, A. A. R. (2009). Explanation of the Egyptian Code of Criminal Procedure (Vol. 1). Dar al-Fikr al-Arabi.
Pietenpol, A. M., Morgan, M. A., Wright, J. P., Almosaed, N. F., Moghrabi, S. S., & Bashatah, F. S. (2018). The enforcement of crime and virtue: Predictors of police and Mutaween encounters in a Saudi Arabian sample of youth. Journal of Criminal Justice, 59, 110-121. https://doi.org/https://doi.org/10.1016/j.jcrimjus.2018.05.007
Qahmous, N. (2021). International Protection of the Right to the Sanctity of Private Life within Modern Technological Developments. Journal of Studies and Research, Arab Journal in the Humanities and Social Sciences.
Rakha, T. E. (2006). Human Rights Law between Theory and Practice in Positive Thought and Islamic Law. Dar Al-Nahda Al-Arabiya.