Abstract: The article tests the validity of the argument that the increasing of threat of international terrorism that is managed and dispensed by non-State actors authorises States to backtrack on their human rights commitments in order to ensure national security - the human rights/ national security dichotomy. The article weighs this argument against the logic that underpins the human rights project. The article argues that human rights have become both the DNA of human dignity and index for the rule of law in democratic States. Therefore, whatever strategies States adopt to combat international terrorism ought always to comply with States’international human rights obligations. Considerations of national security that seek to undermine the dignity inherent in individuals qua human beings are misguided and inconsistent with the rule of law upon which democratic States are premised. Consequently, they are not logically sustainable.
Keywords: human rights, rule of law, national security, international terrorism
Abstract: Article 12 of the UN Convention on the Rights of the Child establishes the right of the child to participate in decision-making processes. The right to participation is fundamental in a democratic society. In this article, the connection between article 12 and the concept of democracy is discussed as is the impact of this connection on the lack of implementation of the article on a national level. It is argued that an effective implementation of the child’s right to participation demands a change in society’s power structures, a change that because of its radical nature might be difficult to realise.
Key words: Child rights, Convention on the Rights of the Child, Democracy, Participation
Abstract: The status of the Palestinian refugees in International Law. A Question of World Order. The status of the Palestinian refugees in international law and their legal status in most countries are far from settled. The reason to this is a wrong but firmly established tradition for excluding the Palestinian refugees from the scope of the international instruments usually applicable to refugees. Through the years, this misreading has had a number of legal and political consequences for the Palestinian refugees as a group and as individuals. This article recaps the main tenets of the problems historical and legal aspects.
Key words: Palestinian, refugees, asylum
Abstract: The European Social Charter is the only comprehensive human rights convention guaranteeing social and economic rights at the European level. The article presents an overview of the several instruments now forming the Charter, its structure and the substantive rights protected and outlines the supervisory procedures including the novel Collective Complaints Procedure under which trade unions, employers’ associations, and NGOs may file complaints against Contracting Parties.
Key words: Collective Complaints, Council of Europe, European Social Charter, Social and Economic Rights