Publication: حالات الطوارئ وأثرها على تقييد حقوق الإنسان في القانون الدولي
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Date
2020
Journal Title
Journal ISSN
Volume Title
Publisher
Universiti Sains Islam Malaysia
Abstract
Emergency laws are extraordinary measures which any country can take as a consequence of a threat to its security and stability. These measures may include the whole or part of the country, as they transfer power from civilian to military or increase the powers of the civil authorities. Emergencies have played a significant role in the work of international and human rights organizations, in order to ensure human rights and achieve justice. As these international conventions and covenants contained several regulations to guarantee protection for human rights, but in some countries, they were useless in cases of emergency law. This had negative consequences due to the lack of harmony between its security and stability, on the one hand, and protecting human right on the other. The aim of the researcher in this study was to achieve a set of objectives, including: to shed light on the impact of emergency laws on human rights and to monitor their negative effects. In addition, to highlighting the role and effectiveness of international and human rights organizations in the protection of human rights in cases of emergency legislation. To achieve the objectives of this study, the researcher relied on a descriptive and analytical approaches by describing and analyzing the different laws related to the subject of the study and monitoring transgressions. In conclusion, the study has produced a number of results, including: the existence of disparities in the implementation of emergency legislation between countries that are often politically motivated. The other negative effects on human rights, such as limiting freedom, movement, violating the constitution, and the absence of the role of human rights organizations in providing human rights protection. The researcher therefore suggested the activation of international surveillance in emergencies and the implementation of strict penalties for violations.
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Keywords
Emergency Laws, Restriction, Human Rights