Counter Terrorism And Human Rights In The Case Law Of The European Court Of Human Rights

Author : Ana Salinas de Frias
Publisher : Council of Europe
ISBN 13 : 928717783X
Total Pages : 464 pages
Book Rating : 4.34/5 ( download)

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Download or read book Counter-terrorism and human rights in the case law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Author : Eran Shor
Publisher : Springer
ISBN 13 : 9789811041808
Total Pages : 0 pages
Book Rating : 4.06/5 ( download)

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Download or read book International Human Rights and Counter-Terrorism written by Eran Shor and published by Springer. This book was released on 2019-11-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides theoretical and practical guidance to those interested in understanding the dilemmas found at the heart of counter-terror decision-making. It addresses fundamental questions such as: should terror organizations be engaged in the human rights discussion? How can we counter extremist ideology? What is the role social media plays in terrorism?The book compares the practices of different countries to determine if a cohesive approach to counter-terrorism can be achieved. It not only analyses different aspects of terrorism and counter-terrorism (ideology, recruitment, financing, education, support etc) but also explores the roles of the relevant players (courts, security forces, the press, public opinion, inter-governmental organizations, non-governmental organizations etc) and their influence on the measures taken to fight terrorism on the one hand, and safeguarding basic human rights on the other.

Author : Aniceto Masferrer
Publisher : Edward Elgar Publishing
ISBN 13 : 178195447X
Total Pages : 354 pages
Book Rating : 4.78/5 ( download)

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Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Author : Dr. Behnam Rastegari
Publisher : Lulu.com
ISBN 13 : 1312338903
Total Pages : 159 pages
Book Rating : 4.06/5 ( download)

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Download or read book VIOLATION OF FUNDAMENTAL LIBERTIES IN COUNTER-TERRORISM MEASURES: A HUMAN RIGHTS APPROACH written by Dr. Behnam Rastegari and published by Lulu.com. This book was released on 2014-07-08 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of counter-terrorism measures on specific elements of international human rights that are at the greatest risk of abuse in light of contemporary counter-terrorism measures, including the right to life; the right to free from torture and cruel, inhuman or degrading treatment or punishment; the right to a fair trial; the right to privacy; and the right to liberty and security. Besides, for enrichment of discussions a number of cases have reviewed.

Author : Louise Doswald-Beck
Publisher : OUP Oxford
ISBN 13 : 0191621595
Total Pages : 600 pages
Book Rating : 4.98/5 ( download)

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Download or read book Human Rights in Times of Conflict and Terrorism written by Louise Doswald-Beck and published by OUP Oxford. This book was released on 2011-09-22 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a guide to international human rights law as it applies to situations of armed conflict, to counter-terrorism measures and to any other situation of actual or potential violence requiring security measures. These situations can lead to some of the most fundamental human rights being put in danger of being violated. These include the right to life, the prohibition of torture and inhuman or degrading treatment, enforced disappearance, all the rights relating to detention and due process of law, and the freedoms most commonly affected by armed conflict and counter-terrorism. The book begins with a presentation on the application of human rights to such situations and an explanation of the regime of limitations and derogations. After an overall description of the relationship between human rights law, on the one hand, and international humanitarian law and international counter-terrorism measures, on the other, the book concentrates on the rights themselves. Each chapter presents the relevant treaty provisions and explains the interpretation of the rights by reference to the case law and general comments of these treaty bodies. The book concludes with a section on how international human rights law protects certain vulnerable and disadvantaged populations in such situations.

Author : Alex Conte
Publisher : Springer Science & Business Media
ISBN 13 : 3642116086
Total Pages : 885 pages
Book Rating : 4.87/5 ( download)

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Download or read book Human Rights in the Prevention and Punishment of Terrorism written by Alex Conte and published by Springer Science & Business Media. This book was released on 2010-07-03 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Author : Steven Greer
Publisher : Cambridge University Press
ISBN 13 : 1108647456
Total Pages : 562 pages
Book Rating : 4.58/5 ( download)

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Download or read book Human Rights in the Council of Europe and the European Union written by Steven Greer and published by Cambridge University Press. This book was released on 2018-03-29 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Author : Manfred Nowak
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715271
Total Pages : 384 pages
Book Rating : 4.74/5 ( download)

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Download or read book Using Human Rights to Counter Terrorism written by Manfred Nowak and published by Edward Elgar Publishing. This book was released on 2016 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.

Author : Stefan Sottiaux
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314112
Total Pages : 472 pages
Book Rating : 4.16/5 ( download)

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Download or read book Terrorism and the Limitation of Rights written by Stefan Sottiaux and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Author : Alice Yotopoulos-Marangopoulos
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004140735
Total Pages : 406 pages
Book Rating : 4.38/5 ( download)

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Download or read book Anti-Terrorist Measures and Human Rights written by Alice Yotopoulos-Marangopoulos and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.