Human Rights in Times of Transition最新文献

US counterterrorism and the denial of fundamental rights from torture to fair trial 美国的反恐和剥夺从酷刑到公平审判的基本权利

Human Rights in Times of Transition Pub Date : 2020-11-17 DOI: 10.2139/ssrn.3636256

Kasey McCall-Smith

{"title":"US counterterrorism and the denial of fundamental rights from torture to fair trial","authors":"Kasey McCall-Smith","doi":"10.2139/ssrn.3636256","DOIUrl":"https://doi.org/10.2139/ssrn.3636256","url":null,"abstract":"Despite the Universal Declaration of Human Rights (UDHR) exhortation that ‘all human beings are born free and equal in dignity and rights,’ the post-9/11 assault on fundamental human rights has proved that this cosmopolitan ideal is under threat. Of the wide-ranging human rights that have been degraded in the name of protecting civilians in the so-called ‘war on terror’, the right to a fair trial is among the most crucial. However, the precursor to its demise was the ejection of the absolute prohibition against torture in the name of protecting the human rights to liberty and freedom, often described as the right to national security. This chapter explores how the US’s co-option of human rights language as a rhetorical tool to eject certain human rights in relation to specific individuals or groups of individuals underpins the growing challenges presented by national security discourse in liberal democracies. In particular it examines the way in which the US response to 9/11, both in the immediate aftermath and almost two decades on, must be addressed and the relationship between individual liberty and national security reconciled if we are to progress toward a more equal, rather than divided, world. The analysis focuses on the current military commissions taking place in Guantanamo where five men are on trial for terrorism and war crimes in relation to the planning and execution of the 9/11 attacks on the US in US v Khaled Sheikh Mohammad et al. The chapter specifically considers the right to trial without undue delay, the right to a public trial and the right to effective remedy for human rights breaches. Finally, the chapter concludes with some observations about how to address the ejection and co-option of human rights in counter-terrorism efforts.","PeriodicalId":180295,"journal":{"name":"Human Rights in Times of Transition","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128142993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

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Human rights and national security challenges beyond the state 国家之外的人权和国家安全挑战

Human Rights in Times of Transition Pub Date : 1900-01-01 DOI: 10.4337/9781789909890.00015

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Co-option and ejection of human rights in liberal democracies 自由民主国家对人权的选择和排斥

Human Rights in Times of Transition Pub Date : 1900-01-01 DOI: 10.4337/9781789909890.00011

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Human rights transitions - Theoretical debates and doctrinal challenges 人权转型-理论辩论和教义挑战

Human Rights in Times of Transition Pub Date : 1900-01-01 DOI: 10.4337/9781789909890.00007

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Human rights, liberal democracies and challenges of national security 人权、自由民主和国家安全的挑战

Human Rights in Times of Transition Pub Date : 1900-01-01 DOI: 10.4337/9781789909890.00006

Kasey McCall-Smith, Andrea Birdsall, Elisenda Casanas Adam

{"title":"Human rights, liberal democracies and challenges of national security","authors":"Kasey McCall-Smith, Andrea Birdsall, Elisenda Casanas Adam","doi":"10.4337/9781789909890.00006","DOIUrl":"https://doi.org/10.4337/9781789909890.00006","url":null,"abstract":"Since the Universal Declaration of Human Rights (UDHR)1 was adopted in 1948, people have increasingly defined their relationships with the state in the language of human rights. It is through the UDHR and the range of treaties adopted in its shadow, for example the 1966 International Covenant on Civil and Political Rights,2 that people have navigated injustice on both large and small scales. These rights have subsequently been further specified and developed in regional human rights documents, such as the European Convention on Human Rights,3 and serve as the basis for the drafting and interpretation of constitutional rights provisions or bills of rights across a diverse variety of states. It is therefore accurate to understand human rights as a highly legalized field with no shortage of hard law to which people across the world can point to as a source for articulating how a state is interacting with its people, for better or worse. Yet human rights practice and discourse is not the sole realm of lawyers; it is a field to which politicians, academics, activists and the public also contribute in a myriad of ways.4 In fact, since the idea for the UDHR was","PeriodicalId":180295,"journal":{"name":"Human Rights in Times of Transition","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129602391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0