scholarly journals Citizenship Deprivation, Security and Human Rights

2016 ◽  
Vol 18 (2) ◽  
pp. 222-242 ◽  
Author(s):  
Lucia Zedner
Keyword(s):  
Human Rights ◽  
National Security ◽  
Family Life ◽  
Well Being ◽  
The State ◽  
Security Strategy ◽  
Loss Of Life ◽  
Degrading Treatment ◽  
Foreign Fighters ◽  
Economic Well Being

In response to the rise of is and the growing problem of foreign fighters, deprivation of citizenship of persons deemed to threaten the interests of the state has been revived as a key tool for security and counterterrorism. Yet, citizenship deprivation raises profound issues for human rights. In the uk, the Immigration Act 2014 includes a power to deprive naturalized British citizens of their citizenship on security grounds, even if doing so would render individuals stateless. The uk government has argued that deprivation would satisfy the requirements of necessity and proportionality under Article 8(2) echr, provided it could be shown to be necessary in a democratic society in the interests of national security, public safety or the economic well-being of the uk. Yet the risks are not only to private and family life. Citizenship deprivation may also involve other rights (not least Articles 2 and 3) where the consequence of deprivation is that individuals suffer loss of life, torture, inhuman or degrading treatment or punishment. This article explores the genesis of citizenship deprivation resulting in statelessness and offers a strong critique on grounds of legality and rights. It also raises serious questions about its efficacy as a security strategy.

Negotiating Security: New Goals, Changed Process

2000 ◽  
Vol 5 (3) ◽  
pp. 411-426 ◽  
Author(s):  
◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Well Being ◽  
Negotiation Process ◽  
The State ◽  
Thematic Issue ◽  
International Negotiation ◽  
Is Security ◽  
Military Security ◽  
Access To Food

AbstractThe concept of national security and the process by which it is negotiated has changed. No longer is security synonymous only with the physical well-being of the state; it is now associated with achieving safety from transboundary threats related to the environment, the economy, human rights, and access to food and resources, for example. This transformation of security from a primarily traditional military dimension to a multidimensional range of interests is accompanied by changes in the way these issues are negotiated among states. This article offers a framework and propositions that can help explain the differences. This thematic issue of International Negotiation on non-traditional security negotiation provides detailed cases and analyses that demonstrate and contrast how the negotiation process performs in resource, economic, food, and military security talks.

14. Limitations Common to Articles 8 to 11

2020 ◽  
pp. 347-375
Author(s):  
Bernadette Rainey ◽  
Pamela McCormick ◽  
Clare Ovey
Keyword(s):  
Human Rights ◽  
National Security ◽  
Public Safety ◽  
Well Being ◽  
European Convention ◽  
Legal Basis ◽  
Territorial Integrity ◽  
Margin Of Appreciation ◽  
Disclosure Of Information ◽  
Economic Well Being

This chapter analyses the limitations found in the second paragraphs of Articles 8 to 11 of the European Convention on Human Rights (ECHR), including the interests of national security, the interests of territorial integrity, the interests of public safety, the economic well-being of the country, the prevention of disorder or crime, the protection of health or morals, the protection of the reputation of others, the protection of the rights or freedoms of others, the prevention of the disclosure of information received in confidence, and maintaining the authority and impartiality of the judiciary. It discusses the application of the limitations in these Articles in the decisions made by the Strasbourg Court, and considers the required legal basis for interference, the legitimate aims of interference, the margin of appreciation doctrine, and the doctrine of proportionality.

God, the Bible and Human Rights

2012 ◽  
Vol 14 (2) ◽  
pp. 275-291
Author(s):  
Nicholas Coulton
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Well Being ◽  
Conservative Party ◽  
European Convention ◽  
The Bible ◽  
The Right ◽  
Lord Chancellor ◽  
Theresa May ◽  
Economic Well Being

The spat at the 2011 Conservative Party conference between the Home Secretary and the Lord Chancellor showed how contentious human rights legislation remains. Although Theresa May portrayed the claimant as having won the Article 8 right to remain in Britain because of his relationship with his cat, the judge had simply accepted the cat as one piece of evidence that the claimant had a genuine family life with his partner. The Home Secretary's principal point was that the right to respect for private and family life under section 8.1 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) should be read in conjunction with section 8.2, which adds that such rights should not be overridden except where it isnecessary in a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

PROBLEMS OF IMPLEMENTATION OF THE NATIONAL SECURITY STRATEGY OF UKRAINE

2020 ◽  
pp. 5-13
Author(s):  
Olga Reznikova
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
The State ◽  
Methodological Framework ◽  
Security Strategy ◽  
Public Authorities ◽  
Main Research ◽  
Security Environment ◽  
National Security Strategy ◽  
Methodological Principles

The article explores the development of methodological principles in the field of strategic planning and management and the development of planning documents in the field of national security, taking into account the peculiarities of the current stage of global development, the variability of the security environment. The purpose of this article is to identify problematic issues in the field of national security planning in Ukraine and ways to improve the process of development and implementation of the National Security Strategy, taking into account the best world practices. The research is based on the analysis of publications by domestic and foreign researchers in the field of strategic planning, appropriate legal acts of Ukraine, as well as the author's experience gained from her involving in development of draft strategic documents of the state. This article is focusing on solving the following scientific and practical problems: identification of the main trends in the development of methodological framework of strategic planning in the field of national security; identification of problems in the field of strategic planning in the field of national security of Ukraine; identification of scientifically substantiated ways to improve the process of strategic planning in the field of national security in Ukraine, taking into account the best international practices. The main research methods are empirical (in particular, observations, descriptions, comparisons) and general scientific (primarily, analysis, synthesis, generalization, explanation, historical and logical methods, etc.). The main results of the study are, in particular, the following: It is determined that in accordance to the best world practices the development of national security strategies take into account the principles of national resilience and the wide expert involvement in the process of preparation of such a document is recommended. The growing role of strategic management and the need to ensure national resilience characterize current trends in the development of methodological framework of strategic planning in the field of national security. It is emphasized that the very fact that the state has a national security strategy based on the scientific ground is not a guarantee of achieving certain goals and results in practice. Therefore, the process of implementation of such a document should be under constant control by the public authorities. The new cycle of planning has been starting after the adoption in 2020 of the new National Security Strategy of Ukraine. The analysis conducted by the author revealed a number of problematic issues, the solution of which requires, in particular, the amendment to the Law of Ukraine "On National Security of Ukraine" in terms of strategic planning. The fundamental differences and innovations of the current National Security Strategy of Ukraine in comparison with its previous editions are determined. It is emphasized that lessons from the experience of implementing strategic planning documents in the field of national security should be learned in Ukraine. It is determined that the low level of implementation of previous national security strategies of Ukraine was caused by the declarative nature of some of their norms, lack and formality of control over the implementation of such documents, lack of reporting procedures, indicators and criteria for evaluating the results, including for their compliance with certain objectives. The lack of attention to the analysis of the security situation in appropriate field, risk assessment, forecasting, threat identification and vulnerability detection are identified as some of the most significant problems during the preparation of strategic planning documents in the field of national security. Based on the results of the study, recommendations for the state authorities of Ukraine were prepared.

Labor law and social security aspects aspects of the National Security Strategy of Russian Federation

2021 ◽  
pp. 817-833
Author(s):  
Sergey Y. Chucha
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Social Protection ◽  
Labor Law ◽  
Well Being ◽  
Social Solidarity ◽  
Human Potential ◽  
Security Strategy ◽  
The People ◽  
National Security Strategy

The National Security Strategy of the Russian Federation, approved by Presidential Decree no. 400 of July 2, 2021, is the first strategic planning document in the history of modern Russia, which called the preservation of the people of Russia and the development of human potential a primary national interest and strategic national priority, and improving the quality of life and well-being of citizens is among the priorities. The scientific research of document that changed the paradigm of national security is just beginning. In the study, using a comparative historical methodology, an intersectoral analysis of the transformation of the labor-legal and social-protective component of the National Security Strategy is carried out, the timeliness of the changes is empirically proved on the basis of statistical data. In the course of the study, we develop a classification of tasks to ensure the implementation of state policy goals, depending on the degree of determination with the sphere of labor and social protection, creates the basis for intersectoral research on national security issues, improving current legislation and its application through the prism of constitutional guarantees in the social protection and labor law spheres. We substantiate the increasing role of social partnership, social solidarity, socially responsible business and the principle of respect for human labor as necessary conditions for the implementation of strategic plans to ensure national security for the preservation of the people of Russia and the development of human potential.

Re Application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland); Reference by Court of Appeal in Northern Ireland Pursuant to Paragraph 33 of Schedule 10 to the Northern Ireland Act 1998 (Abortion) (Northern Ireland)

2021 ◽  
Vol 194 ◽  
pp. 531-680
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
United Nations ◽  
Family Life ◽  
European Convention ◽  
Persons With Disabilities ◽  
Abortion Law ◽  
United Nations Convention ◽  
Degrading Treatment

531Human rights — Rights of women in Northern Ireland — Pregnant women and girls — Autonomy and bodily integrity — Right to respect for private and family life — Rights of persons with disabilities — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Balancing of rights — Whether moral and political issues relevant — Role of courts and Parliament — Whether abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Right to respect for private and family life — Qualified right — Abortion law in Northern Ireland — Prohibition on abortion in cases of serious malformation of foetus, rape and incest — Interference with right to respect for private and family life under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether interference prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — In case of fatal foetal abnormality — In case of rape — In case of incest — In case of serious foetal abnormality — Balancing of rights — European Court of Human Rights — Margin of appreciation accorded to United Kingdom represented by Northern Ireland Assembly — Whether legislative situation in Northern Ireland tenable — Role of legislature and courts — Whether Northern Ireland abortion law incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be madeHuman rights — Rights of persons with disabilities — Treaties — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Northern Ireland abortion law prohibiting abortion in cases of serious malformation of the foetus — Foetus having potential to develop into child with disability in cases of serious foetal abnormality — Value of life with and without disability — Whether life having equal worth — United Nations Committee on the Rights of Persons with Disabilities recommending States amend abortion laws so as to value equally the life of a person with disabilities — Whether Northern Ireland abortion law disproportionate in cases of serious foetal abnormality — Whether abortion law in Northern Ireland incompatible with Article 8 of European Convention on Human Rights, 1950 — Whether declaration of incompatibility should be made532Human rights — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Rights of girls and women in Northern Ireland pregnant with foetuses with fatal abnormality or due to rape or incest — Article 3 absolute right — Effect on victim — Whether mothers continuing against their will with fatal foetal abnormality pregnancies or pregnancies due to rape or incest, or having to travel to England for an abortion, likely to suffer inhuman and degrading treatment — Whether any ill-treatment under Article 3 reaching minimum level of severity — Obligations owed by the State under Article 3 of European Convention — Vulnerability of women — Personal autonomy — Whether abortion law in Northern Ireland incompatible with Article 3 of European Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — Implementation — Interpretation — Effect in domestic law — International treaties to which United Kingdom a party — European Convention on Human Rights, 1950 — Human Rights Act 1998 — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Whether moral and political issues relevant — Balancing of rights — Northern Ireland abortion law interfering with right under Article 8 of European Convention on Human Rights, 1950 — Whether interference justified — Whether prescribed by law — Whether having legitimate aim — Whether necessary in democratic society — Whether proportionate — Relevance of moral and political views — Role of courts and Parliament in abortion debate — Whether pregnant women and girls subjected to inhuman or degrading treatment — Whether reaching minimum level of severity for breach of Article 3 of European Convention — Whether Northern Ireland abortion law incompatible with Articles 3 and 8 of European Convention on Human Rights, 1950 Convention — Whether declaration of incompatibility should be madeRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Effect in domestic law — Abortion law in Northern Ireland — Sections 58 and 59 of the Offences against the Person Act 1861 — Section 25(1) of the Criminal Justice Act (NI) 1945 — Right to respect for private and family life — Right not to be subjected to torture or inhuman or degrading treatment or punishment — Whether abortion law in 533Northern Ireland incompatible with Article 8 of European Convention — Balancing of rights — Whether abortion law justified — Whether moral and political values relevant — Margin of appreciation accorded to States by European Court of Human Rights — Whether abortion law in Northern Ireland incompatible with Articles 3 and 8 of European Convention — Whether declaration of incompatibility should be madeTreaties — Interpretation — Implementation — Application — Effect in domestic law — European Convention on Human Rights, 1950 — Interpreting European Convention in light of other international treaties to which United Kingdom a party — United Nations Convention on the Elimination of All Forms of Discrimination against Women, 1979 — United Nations Convention on the Rights of Persons with Disabilities, 2006 — Relevance of unincorporated international treaties when applying European Convention via Human Rights Act 1998 — The law of the United Kingdom

scholarly journals Theoretical and Practical Fundamentals for Armenia’s National Security Strategy

2013 ◽  
pp. 83-88
Author(s):  
K. P. Marabyan
Keyword(s):  
National Security ◽  
The State ◽  
Adoption Process ◽  
Security Strategy ◽  
External Threats ◽  
National Security Strategy

The article aims to consider the development and adoption process of one of the most crucial conceptual documents – Armenia’s National Security Strategy. The Armenian vision of internal and external threats of Armenia’s National Security is presented in accordance with the conceptual documents of Armenia. Particularly stressed is the role of the factor of adoption of such type of document as Armenia’s National Security Strategy and the role of the very document in the activity of the state authorities.

Ukraine as a Society of Risk (Proof Based on the Theory of National Security)

2021 ◽  
pp. 26-52
Author(s):  
Volodymyr Smolianiuk ◽  
Mykola Balan
Keyword(s):  
Social Development ◽  
National Security ◽  
Civil Defense ◽  
The State ◽  
Risk Society ◽  
Industrial Complex ◽  
Security Strategy ◽  
National Interests ◽  
Military Security ◽  
Hybrid War

The purpose of the article. Identify the nature of challenges, threats, dangers and risks as destructive factors of social, man-made and natural origin; to prove the priority of the category “threat” as a kind of risk in the domestic legislation on national security; to argue the thesis about Ukraine’s belonging to “risk societies”; point to the further complication of the process of producing various threats and challenges against the state and society. Scientific novelty. Based on the use of the current legal framework of Ukraine on national security, the existence of a process of continuous accumulation of risks in key areas of the state and the transformation of Ukrainian society on this basis into a “society of risk” is proved. Emphasis is placed on accelerating this process in the context of the hybrid war launched by Russia against Ukraine in 2014. Social development dictates the need for a clear verbal designation of destructive factors against the interests of the majority (national interests). The terms describing their likely or real impact on society were “challenges”, “threats”, “dangers” and “risks”. The natural step of their substantive definition and meaningful filling was their implementation in the conceptual and categorical apparatus of national security theory. In a broad sense, national security is proposed to be considered a state of protection of national interests and values, both from challenges, threats and dangers, and risks. The most widely used term in Ukraine’s socio-political realities is the “threat” that is widely represented in national legislation on national security. The total number of threats in modern Ukraine is steadily increasing. According to Western analytical developments, the excessive spread of threats in basic social spheres (economic, political, social, spiritual, cultural, etc.) gives reason to qualify Ukraine as a “risk society”. The situation is complicated by the hybrid war being waged by the Russian Federation against Ukraine and other democratic countries. It is advisable to present the modern hostilities initiated by Russia as a process of continuous production of threats (risks), the total effect of which should be the destruction of the Ukrainian statehood. In such circumstances, Ukraine should accelerate the process of development (updating) and practical implementation of key strategic documents – the National Security Strategy, the Military Security Strategy, the Cyber Security Strategy, the Public Security and Civil Defense Strategy, the Strategy for the Development of the Defense Industrial Complex. But for the time being, such documents are either substantially outdated or missing at all. Conclusions. Society, based on its complex nature, built on unity and the struggle of opposites, feels the constant impact of challenges, threats and dangers (risks), which it generates. There are no unified and generally accepted interpretations of challenges, threats, dangers and risks. Each country offers its own formats of their interaction and mutual transformation. The most widely used of these are “threats” (Ukraine) and “risks” (Western countries). The total number of risks in which Ukraine is directly or indirectly involved is steadily progressing. Accordingly, modern Ukraine is a clearly defined “society of risks.” Under the pressure of numerous challenges, threats and dangers, Ukraine as a “society of risks” abandons the unambiguous (linear) formulation of threats to national security inherent in specific public spheres, and their legislative consolidation. The state provides for the preparation and periodic updating of a number of strategies (national security, military security, cybersecurity, other documents), which should contain a list of major threats that currently exist in state and social development. Key words: challenge, threat, danger, risk, national security, hybridization of threats, risk society.

Human Rights and National Security

1989 ◽  
Vol 23 (2-3) ◽  
pp. 375-406 ◽  
Author(s):  
Itzhak Zamir
Keyword(s):  
Human Rights ◽  
National Security ◽  
Freedom Of Expression ◽  
The State ◽  
Political Rights ◽  
Declaration Of Independence ◽  
Magna Carta ◽  
State Of Israel

The State of Israel came into being forty years ago. Its Declaration of Independence proclaimed that the State “shall guarantee complete equal social and political rights to all its citizens without regard to religion, race or sex”. At the time there was a war being waged for Israel's independence, a war which is not yet over. The threat to Israel's security, both from within and without, is still very real. The struggle for security has been going on, unabated, for forty years, and it exacts a price. Among other things, it exacts a price in human rights. Freedom of expression, for example, is subject to military censorship. As a British judge once remarked, war is not waged in accord with the principles of the Magna Carta.

scholarly journals Separating Normalcy from Emergency: The Jurisprudence of Article 15 of the European Convention on Human Rights

2011 ◽  
Vol 12 (10) ◽  
pp. 1764-1785 ◽  
Author(s):  
Alan Greene
Keyword(s):  
Human Rights ◽  
National Security ◽  
The State ◽  
European Convention ◽  
State Of Emergency ◽  
Liberal Democratic ◽  
Imminent Danger ◽  
European Court ◽  
Tight Rope ◽  
Legal Document

The European Convention of Human Rights (ECHR) is as much a political as it is a legal document. The European Court of Human Rights (ECtHR) constantly walks the delicate tight rope between vindicating human rights and respecting the sovereignty of contracting states. This balancing act is particularly sensitive when a situation of “exceptional and imminent danger” exists. In such instances of national security the state may need to act in a manner beyond the parameters of normalcy in order to neutralize the threat and protect both itself and its citizens. Article 15 of the ECHR therefore allows states to derogate from its obligations under the convention when a state of emergency is declared. On foot of a notice of derogation, a state has more discretion and flexibility to act accordingly to respond to a threat without being constrained by its obligations under the treaty. However, it is also in these conditions that human rights are at their most vulnerable as the state's response may encroach severely on individuals' rights and the liberal-democratic order of the state.

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