INTERNATIONAL AND REGIONAL PROTECTION OF THE RIGHT TO INVIOLABILITY HOUSING: COMPARATIVE LEGAL STUDY

Abstract

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.