Our thesis has aimed to show a relationship between certain aspects of EU counter-terrorism legislation and the impact it has on basic human rights. We have used the example of incommunicado detention laws in Spain to show that denying the detainees access to basic rights such as (and most importantly) access to legal counsel could lead to systematic abuse of human rights under the Articles 3, 5 or 6 of the European Convention on Human Rights (ECHR). We have shown that in the EU, where counter-terrorism mostly falls under criminal law, the only viable way to combat terrorism is to create exceptions in such law system with the aim of effectiveness. We have shown that these (such as incommunicado detention mentioned above) exceptions will pose threat to basic human rights. We have concluded that combined with mass pre-emptive surveillance and ability to stop and search at will (example of Article 44 in the UK), the Spanish example could lead to a legal system that could by systematically abused and used for suppressing others. We have concluded that on standalone basis, some EU states (notably Spain and the UK) have counter-terrorist laws that have high possibility of infringing upon basic human rights. However the real threat lies in the worst of them combining on the EU level.
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:198868 |
| Date | January 2012 |
| Creators | Husárová, Katarína |
| Contributors | Druláková, Radka, Dubský, Zbyněk |
| Publisher | Vysoká škola ekonomická v Praze |
| Source Sets | Czech ETDs |
| Language | Slovak |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
Page generated in 0.0017 seconds