Unit:
Κατεύθυνση Διεθνείς και Ευρωπαϊκές ΣπουδέςLibrary of the Faculties of Political Science and Public Administration, Communication and Mass Media Studies, Turkish and Modern Asian Studies, Sociology
Author:
Meleggidis Theofilos
Supervisors info:
Βαγγέλης Μάλλιος, Διδάκτωρ, Τμήμα Πολιτικής Επιστήμης και Δημόσιας Διοίκησης, Ε.Κ.Π.Α
Original Title:
Καταπολέμηση της τρομοκρατίας και ανθρώπινα δικαιώματα στην ΕΣΔΑ: μια κριτική προσέγγιση
Translated title:
Combating terrorism and human rights in the context of ECHR: a critical approach
Summary:
This research work attempts a critical approach to how the European Convention on Human Rights (‘ECHR’) interacts with counter-terrorism incidents. In particular, we identify the factors taken into account by the European Court of Human Rights (‘ECtHR’) when it examines cases revealing restrictions on fundamental rights during the fight against terrorism. As a result, we highlight the emergence of an informal hierarchy between the level of protection of the fundamental rights as well as the protection system that the ECtHR intends to establish. The research material is based on ECtHR cases concerning the right to life, the prohibition of torture, the right to liberty and security, the right to freedom of expression and the right to freedom of assembly and association.
The strenuous fight against terrorism challenges the balance between Security and Freedom which are the pillars of democratic societies. The system of protection established by the ECHR, enriched by the resulting ECtHR case-law, attempts to restore that balance by operating impartially and without prejudice. This is a key principle even when the protection of fundamental rights is in tension with severe counter-terrorism policies or practices at different geographies and chronological periods. The level of protection appears to be intensifying when rights relate to the value of life or in any way touch upon human dignity. In such cases, the intensification of protection is introduced in the form of additional protection mechanisms. The fight against terrorism and the protection of human rights co-exist in a well-established democracy.
Main subject category:
Social, Political and Economic sciences
Other subject categories:
Law and Legislation
Keywords:
Terrorism, European Convention on Human Rights, European Court of Human Rights, Article 2 ECHR, Article 3 ECHR, Article 5 ECHR, Article 10 ECHR, Article 11 ECHR
