scholarly journals COUNTER-TERRORISM IN THE UNITED KINGDOM: SUSTAINABLE MEASURE OR VIOLATION OF HUMAN RIGHTS

2019 ◽  
pp. 603-615
Author(s):  
Marko Roško ◽  
Marijana Musladin ◽  
Rastislav Kazanský
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Counter Terrorism ◽  
The United Kingdom

scholarly journals Deportation on the Basis of Diplomatic Assurances : Permissible under the European Convention on Human Rights? : a Critical Analysis of the Judgment of the ECtHR in Abu Qatada v the United Kingdom (2012) and Its Impact on the Jurisprudence of the ECtHR

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Critical Analysis ◽  
European Convention ◽  
Background Information ◽  
Counter Terrorism ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
Case Basis

<p>Inspired by the recently concluded litigation seeking to deport the radical Islamic preacher Abu Qatada from the UK to Jordan, this paper aims at examining the 2012 judgment of the ECtHR by focusing on the question under which circumstances a deportation with diplomatic assurances (DWA) may be permissible under the European Convention on Human Rights. Relevant background information will be provided concerning the interplay of the use of the DWA policy and the European Convention on Human Rights as well as concerning the particular circumstances that led to the ECtHR’s ruling in Abu Qatada. In the following analysis of the judgment, the focus will be on the interplay of the DWA policy and the European Convention on Human Rights with special regard to art 3 and art 6 of the Convention. Finally, the impact of this judgment on the future jurisprudence and the DWA policy will be shown. In the light of this judgment, it will be argued that the counter terrorism means of deporting a non-national terrorist suspect with diplomatic assurances seems to be compatible with the Convention if the diplomatic assurances given guarantee a sufficient protection of the human rights of the transferee, which due to the uncertain effects of the DWA policy, still has to be decided on a case-by-case basis.</p>

scholarly journals Deportation on the Basis of Diplomatic Assurances : Permissible under the European Convention on Human Rights? : a Critical Analysis of the Judgment of the ECtHR in Abu Qatada v the United Kingdom (2012) and Its Impact on the Jurisprudence of the ECtHR

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Critical Analysis ◽  
European Convention ◽  
Background Information ◽  
Counter Terrorism ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
Case Basis

<p>Inspired by the recently concluded litigation seeking to deport the radical Islamic preacher Abu Qatada from the UK to Jordan, this paper aims at examining the 2012 judgment of the ECtHR by focusing on the question under which circumstances a deportation with diplomatic assurances (DWA) may be permissible under the European Convention on Human Rights. Relevant background information will be provided concerning the interplay of the use of the DWA policy and the European Convention on Human Rights as well as concerning the particular circumstances that led to the ECtHR’s ruling in Abu Qatada. In the following analysis of the judgment, the focus will be on the interplay of the DWA policy and the European Convention on Human Rights with special regard to art 3 and art 6 of the Convention. Finally, the impact of this judgment on the future jurisprudence and the DWA policy will be shown. In the light of this judgment, it will be argued that the counter terrorism means of deporting a non-national terrorist suspect with diplomatic assurances seems to be compatible with the Convention if the diplomatic assurances given guarantee a sufficient protection of the human rights of the transferee, which due to the uncertain effects of the DWA policy, still has to be decided on a case-by-case basis.</p>

Administrative Measures in Counter-terrorism and the Protection of Human Rights

2016 ◽  
Vol 27 (1-2) ◽  
pp. 128-147 ◽  
Author(s):  
Bérénice Boutin
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Netherlands ◽  
Critical Assessment ◽  
Counter Terrorism ◽  
The United Kingdom ◽  
Protection Of Human Rights ◽  
Control Orders ◽  
And Control ◽  
The Impact

This article analyses the increasing use of administrative measures, such as travel bans and control orders, in the counter-terrorism context. On the basis of a review of the use of these measures in three selected states (the United Kingdom, France, and the Netherlands), the paper provides a critical assessment of the use of administrative measures in counter-terrorism. It identifies situations in which the use of administrative measures might be justified, and assesses the impact of the use of these measures on the protection of human rights. In conclusion, the paper recommends that limits and safeguards be established around the use of administrative measures in counter-terrorism.

To Discriminate in Order to Fight Discrimination

2017 ◽  
Author(s):  
Dolores Morondo Taramundi
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
The Other ◽  
The United Kingdom ◽  
European Court ◽  
Main Technique ◽  
Antidiscrimination Law ◽  
The One ◽  
Paradoxical Results ◽  
Conflicts Of Rights

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.

Contemporary Developments Relating to the Inviolability of Mission Premises

2017 ◽  
Author(s):  
Juan E Falconi Puig
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Urban Planning ◽  
National Security ◽  
Direct Consequence ◽  
Access To Justice ◽  
Controversial Issues ◽  
The United Kingdom ◽  
Domestic Legislation

This chapter addresses some of the controversial issues relating to the inviolability of mission premises. The Yvonne Fletcher incident of 1984 led to debates about the need to upgrade or reform the VCDR in that regard; and the United Kingdom, as a direct consequence of the incident, adopted the ‘Diplomatic and Consular Premises Act 1987’ to be able to adopt unilateral measures to remove premises immunity where threats to national security, to public integrity and/or the need of urban planning exist. Domestic legislation of this kind, however, also provides ground for conflicts with the VCDR. This chapter explores conflicts between property immunity and issues such as access to justice, human rights, and terrorism and examines ways of overcoming such difficulties through mechanisms which safeguard diplomatic privileges and immunity to allow the pursuit of diplomatic functions.

A National Treasure? The Role of Civil Society in Promoting and Enforcing Human Rights in the United Kingdom

2020 ◽  
Author(s):  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Society ◽  
Negative Attitude ◽  
Civil Society Organizations ◽  
Economic Rights ◽  
The United Kingdom ◽  
The Impact ◽  
Social And Economic Rights

Abstract The article investigates the negative attitude towards civil society over the last decade in the United Kingdom and the repercussions for human rights. It considers this in the context of the United Kingdom government’s implementation of the policy of austerity. It reflects on the various policy and legal changes, and the impact on the campaigning and advocacy work of civil society organizations, particularly those that work on social and economic rights.

Sign in / Sign up

Export Citation Format

Share Document