ABSTRACT
This abstract examines terrorism within the framework of human rights and illustrates how an attempt to balance national security with individual freedoms is fraught with dangers due to the myriad interconnections involved in terrorism. It further specifies how counterterrorism measures that can encompass arbitrary detention, mass surveillance and with grave impact on free expression and association do great harm to civil freedoms often long after implemented. The abstract also talks about the idea of implementing security promoting and human rights protective policies. Then the author bring out a legal defense and points out that national counterterrorism strategies have to respect human rights for democracy to continue growing, also healthily. Finally, the discussion argues against policy choices in the name of countering terrorism that threaten fundamental human rights.
INTRODUCTION:
Human rights are those freedoms and privileges applicable to all humans, regardless of sex, nationality, ethnicity, religion, language, or any other distinguishing feature. Of the rights, inalienability, universality, and interdependence paint it as an intrinsic quality that epitomizes establishing justice, in pursuit of equality, and human dignity. International peace and security, as well as the protection of human rights, are seriously jeopardized by the threats emanating from terrorism. This calls for a delicate balance between the need to respect the basic human rights and dignity of a person and the need to fight terrorism. Violations of human rights inadvertently can provide assistance in recruiting terrorists; at the same time, they threaten personal freedoms in counterterrorism operations. Therefore, one has to be careful when passing judgment on the complicated balance.
HISTORICAL DEVELOPMENT:
1. Ancient Civilizations: The Code of Hammurabi, born in Babylonia in 1754 BCE, formed the basis for early cultures' belief in justice, equality, and human dignity
2. The Enlightenment Period (17th–18th centuries): The very roots of modern human rights were fashioned by great thinkers such as Immanuel Kant, Jean-Jacques Rousseau, and John Locke
3. American and French Revolutions 1776, 1789 : These resulted in high points of emphasis on freedom, individual liberty, and democratic principles
4. Industrial Revolution 19th-20th century : Reforms and labor unions for worker's rights
POST WORLD WAR II:
1. United Nations 1945: To promote international cooperation, security, and peace. 2. UDHR (1948 Universal Declaration of Human Rights): Declaration adopted by the UN General Assembly states thirty right
3. The Geneva Conventions 1949 mandated protection for civilians as well as prisoners of war
4. Regional defense framework, most important to human rights, is the European Convention on Human Rights accepted in 1950
IMPACT OF TERRORISM ON HUMAN RIGHTS
Terrorism is an infringement on individuals’ rights, and in particular, on their right to safety as well as their civil liberties. A terrorist act is an attack on the right to life and security and it creates panic in society influencing social cohesion. As an effect, governments put in place security measures that are rigid and may be deemed to have violated the civil liberties of their citizens, for instance, freedom of speech, and privacy. Such measures may lead to prejudice and exclusion of some ethnic or religious groups and increase social injustice and exclusion. Furthermore, counter-terrorism measures may render refugees and asylum seekers as criminals thus making it hard for them to find protection. All in all, it can be said that although terrorism must be fought, one must not forget about the principles of human rights protection and democracy, as fighting against terrorism should not lead to new violations and the weakening of the latter.
CIVIL AND POLITICAL RIGHTS:
Civil and political rights are categorized under human rights that protect individual freedom as well as the right to vote in the political systems. With relation to terrorism, these rights are usually at risk as governments introduce measures of nation security. Although it is imperative to fight terrorism it at the same time causes infringement of democratic values including freedom of speech, assembly, and fair trial. It is therefore important to ensure a proper balancing of security interests with those of civil and political rights as to uphold democratic values as well as to avoid compromising some rights in the pretext of counter terrorism that actually holds and protects them.
ECONOMIC,SOCIAL,AND CULTURAL RIGHTS:
Terrorism bears heavy consequences for economic, social, and cultural rights resulting in a more complicated situation than needed. To begin with, terrorism brings positive economic effects by destroying local businesses and the tourism industry without new long-term jobs being created in their place. Such acts threaten the right to security and create an atmosphere of fear that leads to displacement and overstretches the health care system. Comment, This sort of instability often results in a lack of or poor availability of critical services, especially during conflicts. What is more, terrorists have been known to demolish monuments of cultural importance and impose restrictions on speech which weakens and disintegrates societies. Such consequences of terrorism can cause the violation of the rights of individuals to an extent that requires a re-thinking of the relationship between security and the fundamental rights of people. Moreover, because terror attacks hamper tourism and local economies, newer job patterns do not get added.” Such acts undermine the protection of the right to security and bring about fear that causes migrations that over-burden the health facilities available. Comment, This kind of instability usually leads to a deficiency or poor provision of key services especially in times of conflict. What is more, terrorism has affected the respect for some cultural integration for instance seeking freedom of speech has seen terrorist destroying important historical structures. All in all, terrorism abuse individual rights in such an extent that calls for a re-evaluation of the concept of security in relation to fundamental human rights.
COUNTER-TERRORISM MEASURES AND HUMAN RIGHTS:
These counter-terrorism measures are relevant to national security but, at the same time, pose tremendous challenges to human rights. In the effort to curb and defeat terrorism, governments are forced to impose rigorous surveillance measures, retain people on allegations of crimes without having brought charges or convictions, and clamp freedom of speech and movement. These measures, although intended to achieve public security, utterly disrespect basic human rights practices such as torture and wrongful arrest or detention and unfair treatment of certain persons or classes. There is thus the need to find a balance between the protection of human rights and effective use of counterterrorism strategies. Commitments, therefore, must be made to the rule of law under which all actions taken are responsible and transparent. End.
STATE RESPONSES:
The government or the people respond to a human rights infringement based on circumstances and who is involved. For example, different governments may respond in different ways to when human rights are infringed. For example, there may be enactment of new laws and policy measures to safeguard and enforce human rights, the formation of neutral commissions to investigate such crimes, or compensation for victims. When a specific violation of human rights is seen to be egregiously serious, international actors - the United Nations and the like, not an exhaustive list - will engage in diplomatic diplomacy by imposing sanctions or undertaking peacekeeping operations; citizens and civil society become watchdogs, demanding accountability and protections against violations and violations of the principles of human rights by raising the consciousness of the populace regarding such infractions; in addition to providing relief to the affected populations. International courts and tribunals for those who will be found guilty of infractions also have legal procedures. In addition to the above solutions, these institutions are also a reaction to humanity's collective failure in preventing these breaches while helping everyone's right to justice and dignity together.
INTERNATIONAL COOPERATION:
International cooperation in the area of human rights is important to ensure and promote individual rights in the world. Countries and other multinational organizations can create incentives to address human rights violations when they establish standards that promote accountability through mechanisms. International cooperation can take its forms through formal treaties and diplomatic negotiations, and by advocating for institutions which hold international authority in human rights like the UN Human Rights Council. Collectively, countries strive to uphold the core principles of justice, freedom, and dignity by combating international crimes and assisting victims. International cooperation also enhances the resource allocation, capacity building, and transfer of best practices and hence enhances national institutions and organizations' capacity to better improve the global framework for protection and promotion of human rights.
UNITED NATIONS INSTRUMENTS:
From this standpoint, the United Nations has established a number of critical instruments to promote and safeguard human rights internationally. The cornerstone is the Universal Declaration of Human Rights, adopted in 1948 and eloquently stated, the universal rights and freedoms to all humankind. These declarations are further reinforced by two conventions clearly established by statute: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), together known as the International Bill of Human Rights. There have also been conventions drafted to focus on specific issues, such as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Other specific instruments are established to address breaches in human rights, like the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and Convention against Torture (CAT). These conventions serve as a blueprint from which a state is to implement human rights. Indeed, many UN committees as well as other bodies track compliance, and then dispute breaches that have been alleged.
CONCLUSION:
Generally speaking, the issues relating to the nexus between terrorism and human rights are multiple and very complex. Reaching a consensus on how to deal with terrorism in order to gain security and stability does not mean by any means that one would have to give up on fundamental rights of humans within this procedure. It would, thus, be important to maintain a fair balance between rights of individuality versus security measures so as to not threaten chaos, too much mistrust, and also potential abuse. Accordingly, effective counterterrorism strategies must therefore be underscored by justice, accountability, and the rule of law lest these efforts prove counterproductive by undermining the very rights to be protected.
REFERENCE:
1. https://www.un.org/securitycouncil/ctc/content/human-rights
2. https://www.ohchr.org/en/topic/terrorism-and-violent-extremism
3. https://www.coe.int/t/dlapil/cahdi/Source/Docs2002/H_2002_4E.pdf
4. https://justice.org.uk/counter-terrorism-human-rights/
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