National Security And The European Convention On Human Rights

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National Security and the European Convention on Human Rights

Author : Iain Cameron
Publisher : BRILL
ISBN 13 : 9004480900
Total Pages : 509 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis National Security and the European Convention on Human Rights by : Iain Cameron

Download or read book National Security and the European Convention on Human Rights written by Iain Cameron and published by BRILL. This book was released on 2021-11-22 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this study as a whole is to examine how useful a safeguard the Convention is, and can be, in the sensitive area of national security law and practice. The first part of the book consists of an examination of the national security concept generally in the Convention and the context of national security concerns in European states. The second part of the book is devoted to detailed studies of secret surveillance and security data registers, both of the court and commission's case law and of national laws in the field. The third part of the book consists of an article-by-article analysis of the case law of the commission and the court dealing with national security. The book is of interest to academics, practising lawyers and legislators interested in human rights and national security issues.

Secrecy and Liberty: National Security, Freedom of Expression and Access to Information

Author : Joan Fitzpatrick
Publisher : BRILL
ISBN 13 : 9004481796
Total Pages : 592 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Secrecy and Liberty: National Security, Freedom of Expression and Access to Information by : Joan Fitzpatrick

Download or read book Secrecy and Liberty: National Security, Freedom of Expression and Access to Information written by Joan Fitzpatrick and published by BRILL. This book was released on 2021-09-27 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tension between national security and freedom of expression and information is both acute and multifaceted. Without national security, basic human rights are always at risk. On the other hand, the tendency of governing elites to confuse `the life of the nation' with their own survival has often resulted in excessive restrictions on expression and information, as well as other fundamental rights. A proper balance between secrecy and liberty requires a vigilant press and an independent judiciary. It also requires greater clarity than currently exists as to how competing rights and interests should be weighed. This book addresses that gap. Its centerpiece is a set of Principles drafted by a group of international and national law experts, many of whom contributed chapters, to guide governments, courts and international bodies in how to strike a proper balance. The Principles have been widely endorsed, among others by United Nations experts on freedom of expression and independence of judges and lawyers. Sixteen country studies - profiling, among other states, Albania, Chile, China, Egypt, France, Germany, India, Israel, Japan, Norway, South Africa, South Korea, Turkey, the United Kingdom, the United States, and the Federal Republic of Yugoslavia - explore the tremendous diversity of national security doctrines and the penal and other measures aimed at suppressing allegedly secret information and speech claimed to be subversive, separatist or otherwise dangerous. Five chapters examine the cases considered and approaches taken by the UN Human Rights Committee, three regional human rights bodies, and the European Court of Justice. A Commentary draws on the other chapters to support and elucidate the Principles, noting where they reflect an existing consensus and the points at which they attempt to elicit a more rights-protective approach.

Security and European Human Rights

Author : Elspeth Guild
Publisher :
ISBN 13 :
Total Pages : 98 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Security and European Human Rights by : Elspeth Guild

Download or read book Security and European Human Rights written by Elspeth Guild and published by . This book was released on 2007 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Law of Human Rights and States of Exception

Author : Anna-Lena Svensson-McCarthy
Publisher : BRILL
ISBN 13 : 9004479317
Total Pages : 808 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The International Law of Human Rights and States of Exception by : Anna-Lena Svensson-McCarthy

Download or read book The International Law of Human Rights and States of Exception written by Anna-Lena Svensson-McCarthy and published by BRILL. This book was released on 2021-09-27 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study demonstrates the extensive protection that international law provides to human rights even in the most serious of emergencies when they are particularly vulnerable. Based on a meticulous analysis of preparatory works and practice under the International Covenant on Civil and Political Rights, as well as the American and European Conventions on Human Rights, and with a special chapter on the International Labour Organisation's approach to international labour standards and emergencies, this book shows that respect for the rule of law and the concept of a democratic society are controlling parameters in any valid limitation on the enjoyment of human rights. It further shows that respect for human rights and the operation of institutions such as the Legislature and Judiciary are crucial to enabling societies to address and eventually remedy the root causes of emergency situations. The study recommends possible directions for the development of case law and suggests some practical means to help ensure that international legal requirements are in fact respected in emergencies.

Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme

Author : Steven C. Greer
Publisher : Council of Europe
ISBN 13 : 9789287133731
Total Pages : 70 pages
Book Rating : 4.1/5 (337 download)

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Book Synopsis Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme by : Steven C. Greer

Download or read book Les exceptions aux articles 8-11 de la Convention européenne des droits de l'homme written by Steven C. Greer and published by Council of Europe. This book was released on 1997-01-01 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: B. Table of cases

Justice, Home Affairs and Security. European and international institutional and policy development

Author : G. Vermeulen
Publisher : Maklu
ISBN 13 : 9046608735
Total Pages : 311 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis Justice, Home Affairs and Security. European and international institutional and policy development by : G. Vermeulen

Download or read book Justice, Home Affairs and Security. European and international institutional and policy development written by G. Vermeulen and published by Maklu. This book was released on 2017-02-15 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an insight into the historical, institutional and topical development of the EU policy in the areas of justice, home affairs and security, well-embedded in a broader international context. The main part of the book, dedicated to the EU, is therefore preceded by a part on relevant cooperation on the Benelux and Schengen levels and followed by a part on cooperation in the areas concerned on Council of Europe, NATO, OSCE, G8, OECD and UN levels. Without a proper understanding of those cooperation levels, the development and functioning of the EU would be hard to fully grasp. Before addressing the actual policy dimension, all parts start with a historical introduction and a sketch of institutional structures and functioning. For students and professionals in criminology, law and political science, and every one interested in European and international criminal policy making this book will prove relevant or insightful.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Terrorism and the Limitation of Rights

Author : Stefan Sottiaux
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314112
Total Pages : 472 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Terrorism and the Limitation of Rights by : Stefan Sottiaux

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.

Armed Forces and Security Services

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287165367
Total Pages : 264 pages
Book Rating : 4.1/5 (653 download)

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Book Synopsis Armed Forces and Security Services by : Council of Europe

Download or read book Armed Forces and Security Services written by Council of Europe and published by Council of Europe. This book was released on 2009-01-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Faced with the growing threats of terrorism and international organised crime, European societies are feeling an increasing need for both domestic and external security. Government action to combat these threats must be lawful - and also legitimate - and be conducted with due respect for human rights, democracy and the rule of law, which are fundamental Council of Europe principles. The question arises as to who is going to exercise democratic oversight in this area. What are the roles of parliaments, the executive, the judiciary and civil society? Do supervisory bodies exist at supranational level? This book presents the various players and their duties in the security field and confirms the need to strike a balance between a democratic conception of fundamental freedoms and security safeguards, on the basis of reports by the Council of Europe Parliamentary Assembly and the European Commission for Democracy through Law.

National Security, Public Health: Exceptions to Human Rights?

Author : Myriam Feinberg
Publisher : Routledge
ISBN 13 : 1317273176
Total Pages : 204 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis National Security, Public Health: Exceptions to Human Rights? by : Myriam Feinberg

Download or read book National Security, Public Health: Exceptions to Human Rights? written by Myriam Feinberg and published by Routledge. This book was released on 2017-10-02 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 : 461 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Counter-terrorism and human rights in the case law of the European Court of Human Rights by : Ana Salinas de Frias

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 461 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.

National, European and Human Security

Author : Mary Martin
Publisher : Routledge
ISBN 13 : 0415680794
Total Pages : 194 pages
Book Rating : 4.4/5 (156 download)

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Book Synopsis National, European and Human Security by : Mary Martin

Download or read book National, European and Human Security written by Mary Martin and published by Routledge. This book was released on 2013 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how national security strategies relate to an emerging common European or global vision of security, and to human security ideas. Human security and national security are often regarded as competing and mutually antagonistic; the former was proposed and has been operationalised in ways which represent a paradigm shift away from state-centric approaches and the dominance of national-security perspectives. This has led to human security being associated with a broadening of the security agenda to encompass not only physical security, the use of force and military capabilities, but also the provision of material well-being and dignity to vulnerable communities. This edited volume seeks to identify key concepts and themes in the national discourse of several European countries, addressing security at a meta-narrative and conceptual level, illustrating the changes taking place in approaches to security, and in particular, mapping moves away from a paradigm of 'national security' to one which might be called 'human security'. It also enables an assessment of whether national security is currently converging at either European or global levels. This book will be of much interest to students of human security, European politics, discourse analysis, war and conflict studies, and IR/security studies in general.

Article 5 of the European Convention on Human Rights

Author : J. L. Murdoch
Publisher : Council of Europe
ISBN 13 : 9789287150196
Total Pages : 144 pages
Book Rating : 4.1/5 (51 download)

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Book Synopsis Article 5 of the European Convention on Human Rights by : J. L. Murdoch

Download or read book Article 5 of the European Convention on Human Rights written by J. L. Murdoch and published by Council of Europe. This book was released on 2002-01-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Rights and European Law

Author : Mary Arden
Publisher : OUP Oxford
ISBN 13 : 019104427X
Total Pages : 350 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Human Rights and European Law by : Mary Arden

Download or read book Human Rights and European Law written by Mary Arden and published by OUP Oxford. This book was released on 2015-01-08 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Senior judges and politicians increasingly question the role of the EU and the European Court of Human Rights. Some call for a reconsideration of the influence of transnational courts in the legal life of the UK, while others argue for a repeal of the Human Rights Act in favour of a British Bill of Rights. Many perceive control of law-making as moving irreversibly away from the UK and into the hands of Europe. In contested domains like national security and individual freedoms there are concerns that the British national identity is being lost. Against this backdrop of confusion, Mary Arden's voice is one of reason. A senior judge who has been at the heart of dialogue between domestic and international judges, Mary Arden is uniquely placed to discuss the impact of developments in human rights and European law. In this major new collection of her writings, Mary Arden clarifies the issues at stake with the new European legal orders. She explains the major developments in simple terms, addresses core criticisms of the EU and the ECHR, and examines the practical effects of these institutions on domestic legislation and case law. In describing the far-reaching impact of EU law and the Human Rights Act, Mary Arden gives an insider's view of key conflicts including national security versus freedom of the individual, and freedom of the press versus the individual's right to privacy. She also outlines how domestic courts have been able to draw upon the decisions of Strasbourg in the key battlefields of media freedom, data protection, and national security.

Turkey

Author : Yonah Alexander
Publisher : Routledge
ISBN 13 : 1134108265
Total Pages : 807 pages
Book Rating : 4.1/5 (341 download)

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Book Synopsis Turkey by : Yonah Alexander

Download or read book Turkey written by Yonah Alexander and published by Routledge. This book was released on 2007 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do democratic societies maintain the balance between civil rights and security while continuing the fight on global terrorism? This work raises this issue and presents one country, Turkey, and its struggle to implement laws to combat terrorism and comply with the European Union's civil rights standards.A collection of materials that reflects the legal responses in combating terrorism is an essential volume in any academic and professional collection as it provides a case-specific reference point in the fields of EU politics, law, and international relations. Turkey conta.

The European Convention on Human Rights and Social Security Law

Author : Mel Cousins
Publisher :
ISBN 13 : 9789050957632
Total Pages : 0 pages
Book Rating : 4.9/5 (576 download)

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Book Synopsis The European Convention on Human Rights and Social Security Law by : Mel Cousins

Download or read book The European Convention on Human Rights and Social Security Law written by Mel Cousins and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a guide to social security issues considered by the Court of Human Rights and shows how the provisions of the Convention have been interpreted by European national courts. Elaborates on the concept of victim of violation, the right to life, rights in the case of inhuman or degrading treatment, and the prohibition of slavery and forced labour. Discusses social security as a possession, the respect for private and family life, home and correspondence, and the right to marry and have a family. Covers issues of non-discrimination, freedom of thought, conscience and religion, freedom of expression and of association, the liberty of movement, and freedom of residence. Considers access to the courts, and the relationship between the Convention and EU law.

Privacy and Human Rights

Author : James Michael
Publisher : Aldershot, [England) : Dartmouth
ISBN 13 :
Total Pages : 218 pages
Book Rating : 4.X/5 (2 download)

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Book Synopsis Privacy and Human Rights by : James Michael

Download or read book Privacy and Human Rights written by James Michael and published by Aldershot, [England) : Dartmouth. This book was released on 1994 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The developments of communication technologies have been among the most spectacular in the recent years. These put major challenges for the protection of human rights and, in particular, the right to privacy. These also raise crucial ethical issues concerning the treatment, storing and access to information. This book aims at mapping the main questions in this area and presents some of the legal answers so far given.