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The domestic application of international human rights conventions in Saudi Arabia and the need to ratify conventions on migrant workers
Authors:Abdullah M. Almutairi
Affiliation:Brunel Law School, Brunel University London, Uxbridge, United Kingdom
Abstract:This article examines the application of international human rights conventions in Saudi legislation where Sharia is the main source of law. Saudi laws often adopt the dualistic approach and its international human rights obligations must be in agreement with the Sharia. This paper further intends to explore the Kingdom of Saudi Arabia's (KSA) position on reservations and ratifications of international human rights conventions generally and in the context of migrant workers’ rights particularly. Since the KSA has not ratified any convention related to migrant worker protection, it is essential to examine the role of national human rights organisations in implementing and promoting human rights in the KSA and the article explores the significant efforts made by these organisations to implement and protect the rights of migrant workers in the country. It argues that the KSA has ratified a number of human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination; however, it has failed to comply with its provisions. It is suggested that non-discrimination provisions of some of these conventions may be used to advance migrants’ rights in the country.
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