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Author: Daniel Moeckli Publisher: OUP Oxford ISBN: 0191553654 Category : Political Science Languages : en Pages : 304
Book Description
In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
Author: Daniel Moeckli Publisher: OUP Oxford ISBN: 0191553654 Category : Political Science Languages : en Pages : 304
Book Description
In the post-September 11th era, liberal democracies face the question of whether, and if so to what extent, they should change the relationship between liberty and security. This book explores how three major liberal democratic states - the United States, the United Kingdom and Germany - have approached this challenge by analysing the human rights impacts of their anti-terrorism laws and practices. The analysis reveals that the most far-reaching restrictions of liberty have been imposed on minorities: foreign nationals and certain 'racial', ethnic and religious groups. This Disparate treatment raises complex issues concerning the human right to non-discrimination. Differential treatment on the basis of nationality, national origin, 'race' or religion is only compatible with the right to non-discrimination if there are objective and reasonable grounds for it. The author evaluates contemporary anti-terrorism efforts for their compliance with this requirement. Is there, in the context of the current 'war on terror', sufficient justification for applying powers of preventive detention or trial by special tribunal only to foreign nationals? Are law enforcement methods or immigration policies that single out people for special scrutiny based on their national origin, or their ethnic or religious appearance, a suitable and proportionate means of countering terrorism? The concluding part of the book argues that, in the long term, discriminatory anti-terrorism measures will have impacts beyond their original scope and fundamentally reshape ordinary legal regimes and law enforcement methods.
Author: Richard Ashby Wilson Publisher: Cambridge University Press ISBN: 9781139446822 Category : Political Science Languages : en Pages : 376
Book Description
This book asks whether human rights, since the 9/11 attacks and the 'war on terror,' are a luxury we can no longer afford, or rights that must always remain a fundamental part of democratic politics, in order to determine the boundary between individual freedom and government tyranny. This volume brings together leading international lawyers, policy-makers, scholars and activists in the field of human rights to evaluate the impact of the 'war on terror' on human rights, as well as to develop a counter-terror strategy which takes human rights seriously. While some contributors argue that war is necessary in defense of liberal democracy, others assert that it is time to move away from the war model towards a new paradigm based upon respect for human rights, an internationally-coordinated anti-terror justice strategy, and a long-term political vision that can reduce the global tensions that generate a political constituency for terrorists.
Author: Alice Yotopoulos-Marangopoulos Publisher: Martinus Nijhoff Publishers ISBN: 9004140735 Category : Political Science Languages : en Pages : 406
Book Description
The tragic events of 11 September 2001 have led to an intensification of measures against terrorism both at the level of states and international organisations. New laws and resolutions have been passed in order to strengthen national and international action against terrorism. Some of these measures violate human rights and have been introduced without respect for obligatory procedures under international human rights conventions for derogations in cases of emergency. This development has given rise to much concern worldwide. In order to analyse the many (human rights) questions posed by the intensified struggle against terrorism, a symposium was organised, on the initiative of the Marangopoulos Foundation for Human Rights (MFHR) of Athens, by the European Training and Research Centre for Human Rights and Democracy (ETC) in Graz and the Diplomatic Academy of Vienna together with the MFHR. This volume brings together most of the contributions to this high-level and in-depth discussion in edited, updated form. Among the issues analysed are the dangers entailed in the new doctrine of pre-emptive wars, the issue of the prevention of terrorism through measures addressing its causes and the strengthening of human security. The volume also contains an annex with major documents relating to the question of human rights and terrorism at universal and regional levels prepared by international organisations and NGO's, which represents a useful handbook on the topic. Marangopoulos Foundation for Human Rights (MFHR). Established in 1978 in Athens, Greece. Its main purposes are the research, study, defense, protection and promotion of generally recognised human rights and fundamental freedoms.Within this framework, MFHR takes a special interest in the advancement of formal and informal education on human rights, the raising of public awareness and the adoption by States or international organisations of measures protecting human rights, peace and the development of democratic institutions. For more details, see: http: //www.mfhr.gr European Training and Research Centre for Human Rights and Democracy (ETC) has been established in the year 2000, in the city of Graz, the first Human Rights City in Europe. It is a non-governmental organisation which is linked to the University of Graz through a cooperation agreement. The ETC has a particular focus on South-Eastern Europe, where it helped creating a network of human rights centres. In its training and research activities it is supported by an international advisory board. A particular focus of its training and research programmes is the relationship between human rights and human security, non-discrimination, migration, democracy and human rights at the local level. For more details, see: http: //www.etc-graz.at.
Author: George Dvaladze Publisher: Edward Elgar Publishing ISBN: 1035315254 Category : Political Science Languages : en Pages : 317
Book Description
In this important book George Dvaladze unpacks the complexity of the international legal regulation of guarantees of equality and non-discrimination applicable in armed conflict. The book provides a general overview of the guarantees of equality and non-discrimination under both International Humanitarian Law (IHL) and human rights, demonstrating key principles and notions with illustrative examples from contemporary armed conflicts. This book will be a beneficial resource for legal audiences interested in international law, namely law of armed conflict or IHL, human rights, and non-discrimination.
Author: Ilias Bantekas Publisher: Cambridge University Press ISBN: 1316677664 Category : Political Science Languages : en Pages : 925
Book Description
Human rights law is a complex but compelling subject that fascinates, but often confuses, students. International Human Rights Law and Practice explores the subject from a theoretical and practical perspective, guiding students to a rich understanding of the law. The second edition has been fully revised and updated, including two new chapters on children's rights and international criminal law, and new sections on a variety of topics, including the right to equality, the protection of refugees and the effect of foreign investment and sovereign debt on the enjoyment of human rights. In addition, new case studies and interviews with practitioners, NGO activists and policymakers show how theory is applied in real life. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' clear and engaging writing style ensures that this new edition will continue to be required reading for all students of human rights law.
Author: Alice Edwards Publisher: Cambridge University Press ISBN: 1139484591 Category : Political Science Languages : en Pages :
Book Description
The past decades have seen enormous changes in our perceptions of 'security', the causes of insecurity and the measures adopted to address them. Threats of terrorism and the impacts of globalisation and mass migration have shaped our identities, politics and world views. This volume of essays analyses these shifts in thinking and, in particular, critically engages with the concept of 'human security' from legal, international relations and human rights perspectives. Contributors consider the special circumstances of non-citizens, such as refugees, migrants, and displaced and stateless persons, and assess whether, conceptually and practically, 'human security' helps to address the multiple challenges they face.
Author: Myriam Feinberg Publisher: Routledge ISBN: 1317273176 Category : Law Languages : en Pages : 204
Book Description
The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.
Author: Daniel Moeckli
Author: Daniel Moeckli
Author: Richard Ashby Wilson
Author: Daniel Moeckli
Author: Alice Yotopoulos-Marangopoulos
Author: Alice Yotopoulos-Marangopoulos
Author: 
Author: George Dvaladze
Author: Ilias Bantekas
Author: Alice Edwards
Author: Myriam Feinberg