The “Arab Exceptionalism” Re-examined from the Legal Perspective of Human Rights

Abstract

The study re-examines the phenomenon of “Arab exceptionalism” from the perspective of human rights’ recognition. The formal changes introduced since 2004 in the new Arab bills of rights (comprising the Arab Charter on Human Rights plus the bills of rights of the new constitutions of Iraq, Morocco, Tunisia, and Egypt) are presented and analyzed with the purpose of answering the following questions: From a descriptive–analytical perspective, are the new Arab bills of rights adopting similar designs? From a formal perspective, do these new designs imply a shift with respect to previous patterns of Arab exceptionalism? Finally, from an explanatory perspective, is there an evolutionary rationale accounting for the specific designs adopted in the new Arab bills of rights?