2. Human rights and national security
Kjetil Mujezinović Larsen
The Norwegian Centre for Human Rights

3. Human rights
National security
Rule of law?

4. What is it? Hobbes: The «social contract»
Locke: Individual’s obligation to obey the state in return for security
Rawls, Dworkin: Right to security, balancing individual rights with community interests
The human right to
National security
National security strategies: National security is the state’s primary responsibility!

5. Human rights
Inter-national
National
Regional
Human rights are universal, indivisible, interdependent and interrelated
National security strategies: National security is the state’s primary responsibility!

6. Responsibility to protect National vs. human security
Protection of civilians

7. National security vs. human security
Types of security
Object
Protection of
Threats
Traditional
security
The state
Integrity of the state
Interstate war
Nuclear proliferation
Revolution
Human
security
The individual
Integrity of the individual
Disease
Poverty
Violence
…..

8. Responsibility to protect
Three pilars
Responsibility to protect
Responsibility to assist
Responsibility to react
Four crimes
War crimes
Ethnic cleansing
Crimes against humanity
Genocide

10. The European Convention on Human Rights
The International Covenant on Civil and Political Rights
The UN Convention against Torture
The CoE Convention for the Prevention of Torture

11. Right to life
Prohibition against torture
Right to liberty and security
Right to a fair trial
No punishment without law
Right to privacy
Freedom of speech

12. Respect, protect, fulfil
Very few human rights are absolute
…which means that most rights can be limited
Immediate vs. progressive
Absolute vs. relative
Human rights
Positive vs. negative
…in exceptional circumstances
…but also in ordinary circumstances

13. …in exceptional circumstances
= Derogations
ICCPR, Article 4 
1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.
3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.
…in exceptional circumstances

14. Turkey’s derogation from the ICCPR
On 15 July 2016, a large-scale coup attempt was staged in the Republic of Turkey to overthrow the democratically-elected government and the constitutional order. This despicable attempt was foiled by the Turkish state and people acting in unity and solidarity. The coup attempt and its aftermath together with other terrorist acts have posed severe dangers to public security and order, amounting to a threat to the life of the nation in the meaning of Article 4 of the International Covenant on Civil and Political Rights.

15. Turkey’s derogation from the ICCPR
The decision was published in the Official Gazette and approved by the Turkish Grand National Assembly on 21 July In this process, measures taken may involve derogation from obligations under the International Covenant on Civil and Political Rights regarding Articles 2/3, 9, 10, 12, 13, 14, 17, 19, 21, 22, 25, 26 and 27, as permissible in Article 4 of the said Covenant.

16. = Limitations ARTICLE 8 Right to respect for private and family life
Provided by law
Legitimate aim and
necessary to that aim
Consistent with other rights
Legality
Legitimacy
Proportionality
ARTICLE 8 Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
…but also in ordinary circumstances =
Limitations

20. The «Black Swan» Theory

21. Let’s discuss! Kjetil Mujezinović Larsen
The Norwegian Centre for Human Rights