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Human Rights and Non-discrimination in the 'War on Terror' (Hardcover)
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Human Rights and Non-discrimination in the 'War on Terror' (Hardcover)
Series: Oxford Monographs in International Law
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In the post-September 11th era, liberal democracies face the
question of whether, and if so to what extent, they should change
the relationship between liberty and security. This book explores
how three major liberal democratic states - the United States, the
United Kingdom and Germany - have approached this challenge by
analyzing the human rights impacts of their anti-terrorism laws and
practices. The analysis reveals that the most far-reaching
restrictions of liberty have been imposed on minorities: foreign
nationals and certain 'racial', ethnic and religious groups.
Disparate treatment raises complex issues concerning the human
right to non-discrimination. Differential treatment on the basis of
nationality, national origin, 'race' or religion is only compatible
with the right to non-discrimination if there are objective and
reasonable grounds for it.The author evaluates contemporary
anti-terrorism efforts for their compliance with this requirement.
Is there, in the context of the current 'war on terror', sufficient
justification for applying powers of preventive detention or trial
by special tribunal only to foreign nationals? Are law enforcement
methods or immigration policies that single out people for special
scrutiny based on their national origin, or their ethnic or
religious appearance a suitable and proportionate means of
countering terrorism? The concluding part of the book argues that,
in the long term, discriminatory anti-terrorism measures will have
impacts beyond their original scope and fundamentally reshape
ordinary legal regimes and law enforcement methods.
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