The Struggle of a Democracy Against Terrorism - Protection of Human Rights

The Struggle of a Democracy Against Terrorism - Protection of Human Rights PDF Author: Emanuel Gross
Publisher:
ISBN:
Category :
Languages : en
Pages : 65

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Book Description
In the war against terrorism a democracy needs to to find the just balance between defending effectively the right of its citizens to survive and have a normal life and the preservation of its basic values and human rights. Finding this balance is not an easy task. Difficult legal questions are accompanied by a number of moral dilemmas. This article is not concerned with finding the proper fundamental balance between the interest of national security on one hand and the entire range of individual liberties and rights on the other; rather, it is concerned with identifying the balance between national security and a human being's fundamental right to privacy.What, therefore, is the proper rational balance which must be drawn between protection of the privacy of the citizens of a state on one hand and the security interest in invading the public's privacy on the other, which would allow the security authorities to identify those few who would exploit the right to privacy in order to plan and execute acts of terror?This article explores the legal formula by which a democracy should execute its duties in combating terrorism and still preserving our right of privacy.

The Struggle of a Democracy Against Terrorism - Protection of Human Rights

The Struggle of a Democracy Against Terrorism - Protection of Human Rights PDF Author: Emanuel Gross
Publisher:
ISBN:
Category :
Languages : en
Pages : 65

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Book Description
In the war against terrorism a democracy needs to to find the just balance between defending effectively the right of its citizens to survive and have a normal life and the preservation of its basic values and human rights. Finding this balance is not an easy task. Difficult legal questions are accompanied by a number of moral dilemmas. This article is not concerned with finding the proper fundamental balance between the interest of national security on one hand and the entire range of individual liberties and rights on the other; rather, it is concerned with identifying the balance between national security and a human being's fundamental right to privacy.What, therefore, is the proper rational balance which must be drawn between protection of the privacy of the citizens of a state on one hand and the security interest in invading the public's privacy on the other, which would allow the security authorities to identify those few who would exploit the right to privacy in order to plan and execute acts of terror?This article explores the legal formula by which a democracy should execute its duties in combating terrorism and still preserving our right of privacy.

The Struggle of Democracy Against Terrorism

The Struggle of Democracy Against Terrorism PDF Author: Emanuel Gross
Publisher: University of Virginia Press
ISBN: 9780813925318
Category : Political Science
Languages : en
Pages : 318

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Book Description
Examines the legal and moral complexities democracies face when dealing with terrorism. This book is useful to students and teachers of law, political science, and philosophy, as well as to citizens and activists concerned with the impact of terrorism on civil liberties.

Anti-Terrorist Measures and Human Rights

Anti-Terrorist Measures and Human Rights PDF Author: Alice Yotopoulos-Marangopoulos
Publisher: Martinus Nijhoff Publishers
ISBN: 9004140735
Category : Political Science
Languages : en
Pages : 406

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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.

Human Rights in the 'War on Terror'

Human Rights in the 'War on Terror' PDF Author: Richard Wilson
Publisher: Cambridge University Press
ISBN: 9780521853194
Category : Law
Languages : en
Pages : 376

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Book Description
This book reviews the war on terror since 9/11 from a human rights perspective.

American National Security and Civil Liberties in an Era of Terrorism

American National Security and Civil Liberties in an Era of Terrorism PDF Author: D. Cohen
Publisher: Springer
ISBN: 1403981213
Category : Political Science
Languages : en
Pages : 257

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Book Description
In light of the ongoing war against terrorism, can the United States maintain its dedication to protecting civil liberties without compromising security? At stake is nothing less than the survival of ideas associated with the modern period of political philosophy: the freedom of conscience, the inviolable rights of the individual to privacy, the constitutionally limited state, as well as the more recent refinement of late modern liberalism, multiculturalism. Contributors evaluate the need to reassess the nation's public policies, institutions, as well as its very identity. The struggle to persist as an open society in the age of terrorism will be the defining test of democracy in the Twenty-first-century.

Terrorism Versus Democracy

Terrorism Versus Democracy PDF Author: Paul Wilkinson
Publisher: Routledge
ISBN: 0714681652
Category : Political Science
Languages : en
Pages : 255

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Book Description
"Terrorism remains a major problem for many democratic countries and the wider international community. Recent history shows that it would be wrong to underestimate terrorism's potential strategic impact." "Terrorism Versus Democracy examines the problem of liberal democratic response. Is it possible to draw some key lessons from the recent experience of democracies in responding to terrorism? Are democracies fatally disadvantaged in the face of prolonged and ruthless terrorist campaigns? Does the only way to reduce significantly or to end terrorism necessarily involve major curtailments of democracy, human rights, and the rule of law? What are the key ingredients of an effective liberal democratic strategy to deal with terrorism? Is it feasible to develop a response which avoids the dangers of over-reaction and under-reaction undermining the very democracy one is trying to defend, while at the same time effectively protecting the right to life, the most basic of all human rights? All these question and many others are examined in Terrorism Versus Democracy." "This book is aimed not only at academia but also at a wider readership including policy-markers, legislators, and the law-enforcement and security professions as well as members of the general public in all democratic countries."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Constitutionalism Across Borders in the Struggle Against Terrorism

Constitutionalism Across Borders in the Struggle Against Terrorism PDF Author: Federico Fabbrini
Publisher: Edward Elgar Publishing
ISBN: 1784715395
Category : Law
Languages : en
Pages : 369

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Book Description
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.

Anti-Terrorist Measures and Human Rights

Anti-Terrorist Measures and Human Rights PDF Author: Alice Yotopoulos-Marangopoulos
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description


Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection of Human Rights While Countering Terrorism

Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection of Human Rights While Countering Terrorism PDF Author: United Nations
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 116

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Book Description
"This digest is a compilation of findings of judicial and quasi-judicial bodies of the United Nations and regional organizations on the issue of the protection of human rights in the struggle against terrorism. It has been prepared by the United Nations Office of the High Commissioner for Human Rights (OHCHR). Its aim is to assist policy makers and other concerned parties in developing a vision of counter-terrorism strategies that are fully respectful of human rights. No one doubts that States have legitimate and urgent reasons to take all due measures to eliminate terrorism. Acts and strategies of terrorism aim at the destruction of human rights, democracy, and the rule of law. They destabilise governments and undermine civil society. Governments therefore have not only the right, but also the duty, to protect their nationals and others against terrorist attacks and to bring the perpetrators of such acts to justice. The manner in which counter-terrorism efforts are conducted, however, can have a far-reaching effect on overall respect for human rights. Human rights law establishes a framework in which terrorism can be effectively countered without infringing on fundamental freedoms. The need to protect human rights in the struggle against terrorism has been highlighted by the UN Secretary-General, the High Commissioner for Human Rights and other leaders in the international community. The objective of this digest is to enhance the understanding of this framework."--Introduction.

Protecting Individual Privacy in the Struggle Against Terrorists

Protecting Individual Privacy in the Struggle Against Terrorists PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309124883
Category : Computers
Languages : en
Pages : 377

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Book Description
All U.S. agencies with counterterrorism programs that collect or "mine" personal data-such as phone records or Web sites visited-should be required to evaluate the programs' effectiveness, lawfulness, and impacts on privacy. A framework is offered that agencies can use to evaluate such information-based programs, both classified and unclassified. The book urges Congress to re-examine existing privacy law to assess how privacy can be protected in current and future programs and recommends that any individuals harmed by violations of privacy be given a meaningful form of redress. Two specific technologies are examined: data mining and behavioral surveillance. Regarding data mining, the book concludes that although these methods have been useful in the private sector for spotting consumer fraud, they are less helpful for counterterrorism because so little is known about what patterns indicate terrorist activity. Regarding behavioral surveillance in a counterterrorist context, the book concludes that although research and development on certain aspects of this topic are warranted, there is no scientific consensus on whether these techniques are ready for operational use at all in counterterrorism.