The interaction of terrorism laws with human rights

Authored by: Federico Fabbrini

Routledge Handbook of Law and Terrorism

Print publication date:  July  2015
Online publication date:  July  2015

Print ISBN: 9780415870375
eBook ISBN: 9780203795835
Adobe ISBN: 9781134455096

10.4324/9780203795835.ch6

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Abstract

Terrorism, and the responses to it, have represented during the last decade one of the most significant challenges to the protection of the fundamental rights entrenched in national constitutions and international human rights treaties. Terrorist attacks across the globe – from New York, to London, Madrid, and Bali – have produced death and destruction, undermining fundamental values of peaceful co-existence, and shattering citizens’ expectations of security. Yet, since 9/11, national governments, international organisations, and supranational institutions have responded to these threats with a panoply of counter-terrorism measures that themselves have threatened the protection of core fundamental rights. Taking stock of more than a decade of political action and legal deliberation on the balance between liberty and security, this chapter maps the interaction between terrorism laws and human rights. Consistent with the nature of this book, this chapter offers a summary of the main legal and policy instruments developed to fight global terrorism, discusses its impact on procedural and substantive fundamental rights, and considers in a comparative perspective some of the most remarkable failures and successes of jurisdictions world-wide in correcting the excesses of counter-terrorism and re-establishing respect for fundamental rights even in the struggle against terrorism. Specific aspects are analysed more fully elsewhere in this book.

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