Human Rights in Counter-Terrorism Legislation - A Study of Measures of Derogation from Human Rights Provisions with Particular Regard to the UK and the Anti-terrorism, Crime and Security Act 2001.
(2005)Department of Law
- Abstract
- The United Kingdom has post September 11th, and the horrifying attacks in the United States, argued that its national security is threatened by international terrorism, in particular by foreign nationals suspected of terrorism present in the country. As a consequence to this, the Government has increased its counter terrorism legislation including the implementation of the Anti-terrorism, Crime and Security Act 2001, in order to protect the security of the State. The new legislation has been subject to criticism due to its infringements on a number of civil liberties, as well as because of the derogations made by the UK, relieving the Government from Article 5 of the ECHR and Article 9 of the ICCPR. These derogations allow for the UK to... (More)
- The United Kingdom has post September 11th, and the horrifying attacks in the United States, argued that its national security is threatened by international terrorism, in particular by foreign nationals suspected of terrorism present in the country. As a consequence to this, the Government has increased its counter terrorism legislation including the implementation of the Anti-terrorism, Crime and Security Act 2001, in order to protect the security of the State. The new legislation has been subject to criticism due to its infringements on a number of civil liberties, as well as because of the derogations made by the UK, relieving the Government from Article 5 of the ECHR and Article 9 of the ICCPR. These derogations allow for the UK to detain suspected terrorists whom they are not able to deport to their country of origin, for an indefinite period of time. Under normal circumstances, this treatment would be violating international human rights law, however due to derogations from Article 5(1) of the ECHR and Article 9 of the ICCPR, the United Kingdom is under a current suspension from these obligations. Derogations are compatible with international human rights law if they have been made as a consequence to the exigencies of the situation and if a public emergency exists within the Nation. However, it has not been established according to the author, that in fact there is a public emergency prevailing throughout the United Kingdom, threatening the existence of the Nation. Furthermore, it has not been established that the situation is of such exceptional nature that the crisis or danger cannot be dealt with by normal measures otherwise permitted. Moreover, the provisions subject to derogation are limited to non-nationals and thus incompatible with the non-discrimination provisions. Consequently, the measures of derogation are not in accordance with the obligations under Article 15 of ECHR and Article 4 of the ICCPR and Section 23, of Part 4 of the Anti-terrorism, Crime and Security Act 2001 is not in compliance with international human rights law. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1562266
- author
- Svedberg, Jennie
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Folkrätt
- language
- English
- id
- 1562266
- date added to LUP
- 2010-03-08 15:55:29
- date last changed
- 2010-03-08 15:55:29
@misc{1562266,
abstract = {{The United Kingdom has post September 11th, and the horrifying attacks in the United States, argued that its national security is threatened by international terrorism, in particular by foreign nationals suspected of terrorism present in the country. As a consequence to this, the Government has increased its counter terrorism legislation including the implementation of the Anti-terrorism, Crime and Security Act 2001, in order to protect the security of the State. The new legislation has been subject to criticism due to its infringements on a number of civil liberties, as well as because of the derogations made by the UK, relieving the Government from Article 5 of the ECHR and Article 9 of the ICCPR. These derogations allow for the UK to detain suspected terrorists whom they are not able to deport to their country of origin, for an indefinite period of time. Under normal circumstances, this treatment would be violating international human rights law, however due to derogations from Article 5(1) of the ECHR and Article 9 of the ICCPR, the United Kingdom is under a current suspension from these obligations. Derogations are compatible with international human rights law if they have been made as a consequence to the exigencies of the situation and if a public emergency exists within the Nation. However, it has not been established according to the author, that in fact there is a public emergency prevailing throughout the United Kingdom, threatening the existence of the Nation. Furthermore, it has not been established that the situation is of such exceptional nature that the crisis or danger cannot be dealt with by normal measures otherwise permitted. Moreover, the provisions subject to derogation are limited to non-nationals and thus incompatible with the non-discrimination provisions. Consequently, the measures of derogation are not in accordance with the obligations under Article 15 of ECHR and Article 4 of the ICCPR and Section 23, of Part 4 of the Anti-terrorism, Crime and Security Act 2001 is not in compliance with international human rights law.}},
author = {{Svedberg, Jennie}},
language = {{eng}},
note = {{Student Paper}},
title = {{Human Rights in Counter-Terrorism Legislation - A Study of Measures of Derogation from Human Rights Provisions with Particular Regard to the UK and the Anti-terrorism, Crime and Security Act 2001.}},
year = {{2005}},
}