The State of Emergency and Human Rights - Elspeth Guild, Security and European Human Rights: protecting individual rights in times of exception and military action (Nijmegen, Wolf Legal Publishers2007) 82 p., ISBN 9789058502568 - Ulf Häussler, Ensuring and Enforcing Human Security. The Practice of International Peace Missions (Nijmegen, Wolf Legal Publishers2007) 180 p., ISBN 9789058502575 - Colin Turpin and Adam Tomkins, British Government and the Constitution. Text and Materials. Sixth edition. (Cambridge, Cambridge University Press2007) 847 p., ISBN 9780521690294

Autor: J.W. Sap
Rok vydání: 2007
Předmět:
Zdroj: European Constitutional Law Review. 3:492-498
ISSN: 1744-5515
1574-0196
DOI: 10.1017/s1574019607004920
Popis: One of the key obligations of states is to provide security to their citizens in the form of protection against aggression or attack. When there is a war or when there is a serious threat to the existence of the state, exceptional measures to restore peace and order may be inevitable. According to Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the relevant case-law, a state of emergency can be justified only by an exceptional situation of crisis which affects the whole population and constitutes a threat to the organised life of the community of which the state is composed. The threat must be imminent; its effects must involve the whole nation; the continuance of the organised life of the nation must be threatened; the crisis or danger must be exceptional in the sense that the normal measures or restrictions permitted by the Convention for the maintenance of public safety, health and order, are plainly inadequate. In a state of emergency measures can be taken that derogate from the protection normally afforded by human rights. This is not new. Rights are not absolute and may legitimately be limited by law. But a derogation must be proportional to the emergency. People can only be detained without trial for the specific purpose of restoring peace and order during an emergency. The government will have to justify the continued detention of such people to a court, and there are still certain rights that it is not permissible to derogate from. What is the meaning of a state of emergency and the rule of law in the post 9/11 period? The attacks on the World Trade Center and the Pentagon were de
Databáze: OpenAIRE
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