HUMAN RIGHTS AND COUNTER-TERRORISM

Human Rights and Counter-Terrorism: The Key to Compatibility with International Law

Research Proposal



Title: Human Rights and Counter-Terrorism: The Key to Compatibility with International Law

Introduction:

Human Rights refer to the basic rights and freedoms to which all humans are entitled, and include the right to life and liberty, freedom of thought and expression, and equality before the law. The United Nations Universal Declaration of Human Rights states, “All Human beings are born free and equal in dignity and rights, and should act towards one another in a spirit of brotherhood”. The United Nations is the only international entity with jurisdiction for legislation.

Human Rights include equality rights, which guarantee equal citizenship, equality before the law and non-discrimination;

Political rights, which protect the liberty to participate in politics by expressing oneself, protesting, and participating in a republic.

Welfare rights (Economic rights) include the provision of, for example education, paid holidays and protection against severe poverty and starvation.

Liberty rights, which protect freedoms in areas such as belief and religion, association, assembling and movement.

Security rights prohibit crimes such as murder/enforced involuntary suicide, massacre, torture and rape.

Due process rights protect people against the abuses of the legal system such as imprisonment without trial, secret trials and excessive punishments.

This study focuses on the effect of counterterrorism measures on human rights and constitutional freedoms in three chosen countries; two Asian countries which are Kingdom of Saudi Arabia and the United Arab Emirates; in addition to one European country, which is the United Kingdom.

Literature Review

(Blakesley, 1992) has noted that the basic risks that terrorism constitutes on the democracy and on the constitution may be the executive facing to terrorism and the use of terrorism to erode the constitutionally mandated checks and balances, sharing of powers in foreign affairs, war powers and combating crime all over the world.

According to (NTHAMBURI, 2007), recently; the effect of counterterrorism procedures on human rights and constitutional freedoms, is highly discussed including the greatest danger to the democracy posed by terrorism, sharing of powers in foreign affairs, war powers and combating international crime.

Although some studies, writes about the impact of anti-terrorism laws on human rights, many authors have noted the problem of terrorism and stability in the area of human rights is one of the main problems. (Charles Goredama, 2003) discussed briefly about the fight against terrorism, with an emphasis on counter-terrorism initiatives and the impact of these initiatives, certain human rights. He concludes with a warning about the exclusion of human rights protection regime in the fight against terrorism, which in some cases it may be permissible to limit certain rights and to give national security purposes, legally.

(Annette Hubschle, 2005), discussed counter-terrorism legislation and to compare the similarities in southern Africa, with other anti-terrorism throughout the world as the United States of America (USA) and the United Kingdom (UK) on certain aspects, such as restrictions on basic civil liberties and concludes that South African law is liberal and one of the anti-terrorism legislation so ...