On the Relations Between National Security and Human Rights Defined in the Constitution of the People's Republic of China
Counterterrorism, de-radicalization and anti-violence are the major tasks of the international community. As the arch ene-my of human rights, terrorism destroys the constitutional order and endangers people's lives, freedom and safety. It is the obligation of modern countries and the core value...
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Veröffentlicht in: | 人权(英文版) 2019, Vol.18 (5), p.551-563 |
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Hauptverfasser: | , |
Format: | Artikel |
Sprache: | eng |
Online-Zugang: | Volltext |
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Zusammenfassung: | Counterterrorism, de-radicalization and anti-violence are the major tasks of the international community. As the arch ene-my of human rights, terrorism destroys the constitutional order and endangers people's lives, freedom and safety. It is the obligation of modern countries and the core value of legal states to safeguard hu-man rights. Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security. Public order and social stability foster a sound environment for the protection of human rights. In the face of terrorism's severe threat to human rights, all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions. The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and re-ligious traditions. However, they do have something in common, that is, counterterrorism and de-radicalization do not conflict with human rights protection. Efforts should be made to foster a view of human rights based on security and a view of security based on human rights, and a dynamic principle of proportionality established for counterter-rorism and human rights protection, so endowing the traditional prin-ciple of proportionality with flexible, rich value connotation. |
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ISSN: | 1671-4016 |