Counter-Terrorism Measures and the Impact on International Human Rights Standards in the Field of Criminal Justice

DATE

July 1, 2004

AUTHORS

Eileen Skinnider

YEARS

2004

POLICIES

Access to Justice / Justice Efficiency

Counter-Terrorism Measures and the Impact on International Human Rights Standards in the Field of Criminal Justice

States have an obligation of strict compliance with international norms and standards no matter how serious the crime that has been committed. Of course some of these rights may be subject to derogation when a State has lawfully declared a state of emergency. What are those presumptions and how has the war on terrorism affected their applicability within the human rights framework? Are human rights being marginalised or clearly violated by some counter-terrorism measures or have the standards been lowered in the actual interpretation of these rights? It is now becoming possible to assess the effects of September 11 on limiting the application of human rights standards. The particular focus of this paper is to analyse and discuss how these counter-terrorism provisions, enacted to protect our national security and personal safety, measure up to human rights standards in the field of criminal justice, during investigations, detentions and prosecutions of crimes.

DOCUMENTS (1)

Eileen Skinnider

Senior Associate

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