International human rights law and the protection of the individual's rights in the age of terrorism: The case of the united kingdom
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Is international human rights law being challenged by national law? Are common standards and principles set out in international human rights instruments being denied by national legal systems and less likely respected within national jurisdictions? Have the individuals’ civil liberties and fundamental rights been deprived and arbitrarily violated in the name of the protection of ‘public interests’ and national security? International human rights law allows suspending of and derogating from some human rights in times of public emergency which are clearly stated by national laws. State parties to international human rights conventions sometimes, however, use their rights to suspension of and derogation from their binding obligations in order to breach the individuals’ civil liberties and fundamental rights. This paper’s overall aim is to touch upon the protection of the individual’s civil liberties and fundamental rights in international law in the age of terrorism. Given recent developments of laws on anti-terrorism in the US and the UK, the paper raises a concern of the infringements and denials of international and regional human rights law within national legal systems in the name of the so-called ‘the war on terror’ and ‘national security’.
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