The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe

Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is...

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Main Authors: elnaz rahim khoei, hosin rostam zad, alireza arashpor
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2018-10-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:http://qjpl.atu.ac.ir/article_9442_c440702a4f2ed93d57e73d7e08cd4aaf.pdf
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author elnaz rahim khoei
hosin rostam zad
alireza arashpor
author_facet elnaz rahim khoei
hosin rostam zad
alireza arashpor
author_sort elnaz rahim khoei
collection DOAJ
description Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being violated in order to fight and prevent the terroristic attacks. As recently Europe is under the crisis of severe migration and some terroristic acts, and consequently the states inevitably restrict some aspects of right to privacy, this paper is seeking to evaluate the states` practice according to the European convention of human rights and in accordance with the European court of human rights` practice and respond whether it is possible to sacrifice the fundamental human rights to fighting terrorism. Finally, according to the European convention of human rights and the European court of human rights` case law besides the guidelines of council of Europe, under special circumstances, we could respect the right to privacy and decrease this right`s scope limitedly and temporarily in order to pursue important purposes like maintaining the society as a whole or following the important social needs.
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spelling doaj.art-64b89184e7b741939b01a28d319839662023-01-02T15:32:45ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162018-10-01206026128810.22054/QJPL.2019.18812.1452The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europeelnaz rahim khoeihosin rostam zad alireza arashpor Fight to terrorism is very necessary and states always use their power to fight this phenomenon. Anti-terroristic action are being taken under the society`s general benefits and in this way, the personal human rights is being intervened and violated some time. For instance, the citizens` privacy is being violated in order to fight and prevent the terroristic attacks. As recently Europe is under the crisis of severe migration and some terroristic acts, and consequently the states inevitably restrict some aspects of right to privacy, this paper is seeking to evaluate the states` practice according to the European convention of human rights and in accordance with the European court of human rights` practice and respond whether it is possible to sacrifice the fundamental human rights to fighting terrorism. Finally, according to the European convention of human rights and the European court of human rights` case law besides the guidelines of council of Europe, under special circumstances, we could respect the right to privacy and decrease this right`s scope limitedly and temporarily in order to pursue important purposes like maintaining the society as a whole or following the important social needs.http://qjpl.atu.ac.ir/article_9442_c440702a4f2ed93d57e73d7e08cd4aaf.pdfRight to privacy; Human Rights; Terrorism; Derogation; European Court of Human Rights
spellingShingle elnaz rahim khoei
hosin rostam zad
alireza arashpor
The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Right to privacy; Human Rights; Terrorism; Derogation; European Court of Human Rights
title The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe
title_full The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe
title_fullStr The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe
title_full_unstemmed The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe
title_short The right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system; emphasizing the current crisis in Europe
title_sort right to privacy versus the necessity to fight terrorism from the viewpoint of european human rights system emphasizing the current crisis in europe
topic Right to privacy; Human Rights; Terrorism; Derogation; European Court of Human Rights
url http://qjpl.atu.ac.ir/article_9442_c440702a4f2ed93d57e73d7e08cd4aaf.pdf
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