THE EFFECTS OF ISLAMIC STATES' RESERVATION ON TREATIES AND THEIR EFFECTS ON HUMAN RIGHTS

There is no doubt that the specificity of human rights treaties overshadows the effects of the exercise of a reservation, since any reservation restricts the applicability of some of it’s’ provisions which may be considered to be incompatible with the object and purpose of the treaty. The other problem is that the human rights treaties with issues that are at the core of the means normally regulated by domestic law. In this way, the problem of research focuses on the main question which is what are the implications of the reservation of Muslim States and their reflection on human rights treaties? The researcher used the analytical descriptive method which is based on describing and analyzing the effects of the reservations of the Islamic countries and their reflection on the human right treaties, reaching the most important results that the reservation to some treaties of human rights in Islamic countries, means of restricting the exercise of some rights in the internal law, which sometimes makes them "arbitrarily in the use of the right" arranged a kind of discrepancy between the systems of these countries and their legislative references, the approach and comparison of these systems and based on legitimacy and found that they often lack either, it derives its legitimacy from relying on religion and ruled in his name and It derived its legitimacy from the correct representation of its governance, which was reflected in the question of human rights in the systems of these states.

Keywords : Effects, reservation, Islamic countries, treaties, human rights