Article 15 of the European Convention on Human Rights and Fundamental Freedoms

at
Categories
Tags

 

 

 

Beginning on page 255 of the text, locate and provide a synopsized definition and explanation of what Article 15 of the European Convention on Human Rights and Fundamental Freedoms is and addresses.

Provide your opinion as to whether or not you feel Article 15 adequately addresses and assists in protecting the derogation of due process and Human Rights during times of crisis and declared emergency.
Provide your opinion as to how you feel as to whether or not this article adequately assists in the protection of the derogation of Human Rights in due process.
On pages 256 – 264 of the text, locate and examine the facts of the Lawless case and the Brannigan and McBride v. United Kingdom case (you can also obtain additional information for this case on the internet).
Once you have reviewed the cases provide synopsis of each case and the holding or final decision made by the court
Identify and discuss what the court used in each case to support their decision as to whether or not the actions taken were supported by what the countries advised as their reasons for declaring the existence of a crisis or emergency
Read pages 283 to 288 of the text., read the information on the Counter-Terrorism Implementation Task Force in accordance with Resolution 60/158 of the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, and the Second Initiative adopted by the General Assembly of the United Nations Global Counter-Terrorism Strategy.
Explain how the due process protections concerning human rights (which are provided to an individual who has been accused of taking terrorist actions against a nation state as a result of the Counter-Terrorism Implementation Task Force in accordance with Resolution 60/158 of the Protection of Human Rights and Fundamental Freedoms while Countering Terrorism, and with the Second Initiative adopted by the General Assembly of the United Nations Global Counter-Terrorism Strategy) are used and assist in protecting an individual who has been accused of taking terrorist actions against a nation.
Provide your opinion as to whether or not you feel these protections can actually be used as written.
Do you feel that they still allow for the nations to efficiently and effectively combat terrorism? Why or why not?

 

Sample Solution

Article 15 of the European Convention on Human Rights and Fundamental Freedoms

  • Synopsis: Article 15 allows contracting states to derogate (temporarily suspend) certain human rights protections during “war or other public emergency threatening the life of the nation.”
  • Derogation and Due Process: The article requires the derogation to be “strictly required by the exigencies of the situation” and includes limitations on which rights can be suspended (e.g., right to life cannot be derogated except in wartime).

Your Opinion on Article 15:

  • Strengths: Provides a framework for balancing national security needs with human rights during emergencies.
  • Weaknesses: The terms “public emergency” and “strictly required” are open to interpretation, potentially allowing for abuse by governments.

Lawless and Brannigan and McBride Cases:

  • These cases involved individuals who challenged the derogation of their human rights during emergencies (internment without trial in Northern Ireland).
  • The court ultimately ruled that the derogations were not justified in these specific cases.

How the Courts Ruled:

  • The courts examined the nature of the emergency, the severity of the threat, and the proportionality of the measures taken by the governments.
  • They found that the derogations were not strictly necessary in these instances.

Counter-Terrorism Efforts and Due Process:

  • The documents you mentioned establish guidelines for balancing counter-terrorism measures with human rights.
  • These include ensuring fair trials, protecting detainees from torture, and upholding the presumption of innocence.

Your Opinion on Counter-Terrorism Protections:

  • Strengths: Formalize human rights protections for those accused of terrorism.
  • Weaknesses: Implementing these protections in complex situations can be challenging. Balancing security needs with individual rights can be difficult. Nations may be hesitant to follow them strictly if they perceive a significant threat.

Overall Thoughts:

  • Striking a balance between security and human rights is a complex challenge.
  • Article 15 and counter-terrorism initiatives provide frameworks, but practical implementation can be difficult.
  • Finding the right balance requires ongoing dialogue and adaptation to evolving threats.

 

This question has been answered.

Get Answer