Abstract
This paper aims to discuss and analyse the work of the European Court
regarding the case presented, searching for the criteria that the respective Court has drawn in balancing the necessity of fighting terrorism on one hand and of
upholding respect for fundamental human rights on the other. A review of the case
law of the Court is required in this matter.
In this paper, the topic will be considered in three main interrelated sections:
Section One considers non-Derogable rights, which are of considerable concern in
the fight against terrorism, Section Two seeks to ascertain the optimum balance
between Ill-Treatment and human rights. Section Three will address the scope and applicability of refoulement in the ECHR, and Section Four will discuss the
standards of proof and real-risk tests that are applied by the Court.
regarding the case presented, searching for the criteria that the respective Court has drawn in balancing the necessity of fighting terrorism on one hand and of
upholding respect for fundamental human rights on the other. A review of the case
law of the Court is required in this matter.
In this paper, the topic will be considered in three main interrelated sections:
Section One considers non-Derogable rights, which are of considerable concern in
the fight against terrorism, Section Two seeks to ascertain the optimum balance
between Ill-Treatment and human rights. Section Three will address the scope and applicability of refoulement in the ECHR, and Section Four will discuss the
standards of proof and real-risk tests that are applied by the Court.
| Original language | Arabic |
|---|---|
| Journal | مجلة الحقوق للبحوث القانونية والاقتصادية |
| Volume | 2 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - Jul 1 2018 |
