Islam and Human Rights

by Sir Muhammad Zafrulla Khan

Page 4 of 232

Islam and Human Rights — Page 4

Isl am and Hum an R ights 4 and ultimately to an Inter national Tribunal. Recourse to a regional or to the In ternational Tribunal at the initial stage should, however, be available only in cases where no remedy has been provided for at the national level. Exhaustion of remedies available at the national level must be a condition pre cedent without fulfilment of which recourse should not be open to a regional or International Tribunal. In the absence of such a provision, the harmonious working of a system of national, regional and International Tribunals might prove both cumbersome and difficult. Regarding legislative provisions embodying human rights, it must be remembered that the Declaration of Human Rights is not a draft Bill and cannot serve that purpose. While some of the articles of the Declaration embody clear-cut, concrete provisions and could, with slight verbal alterations, be incorporated in a draft Bill, the rest only give expression to the ideal or objective to be achieved through administrative action, possibly in stages, supported and strengthened by legislative authority. The pace and tempo in each region and country would be dependent upon many and varying factors-social, cultural, economic-and uniformity could not reasonably be insisted upon. Nor would it be wise to call for literal compliance with every article