Security and Rights
Review of Constitutional Studies, Vol. 10, p. 94, 2005
17 Pages Posted: 30 Apr 2010
Date Written: 2005
Abstract
This article explores various approaches to the re-constitution of human rights following 11 September 2001. In contrast to the approaches advocated by Sean McMahon and John Edwards, the author proposes a re-commitment to the core values embodied in the rights enshrined in documents such as the Universal Declaration of Human Rights. The article proposes that re-constituting human rights, either by a process of consequentialist trade-offs or choice based prioritization, opens the door to naturalizing infringements of rights in the name of fear or security. Both detract from the goals set out in human rights declarations. Even in a security-conscious environment, discussions of rights must recognize and take into account the established and fundamental commitments to universal human rights and freedoms.
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