National security and public health: exceptions to human rights?

Feinberg, Myriam; Niada-Avshalom, Laura; Toebes, Brigit

doi:10.1080/13642987.2015.1044812

Cited by 4 publications

(2 citation statements)

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“…However, Ringach drew attention to public health as a factor of national security [15]. M. Feinberg, L. Niada-Avshalom and B. Toebes studied human rights in national security and public health [16]. W. Golder and G. Williams drew attention to human rights and national security in the fight against terrorism [17].…”

Section: Resultsmentioning

confidence: 99%

Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

et al. 2021

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The article considers topical issues of the threat of collapse of democracy. Examples of the democracy collapse have shown the lack of free and fair elections in the world, which threatens the independence of the judiciary, restrictions on the right to freedom of speech, which limits the ability of the political opposition to challenge the government, to prosecute, to offer alternatives to the regime. The collapse of democracy in connection with the spread of COVID-19 is being considered, as the democratic spectrum has repeatedly resorted to excessive control, discriminatory restrictions on freedoms such as movement and assembly, and arbitrary or coercive coercion. Attention is drawn to the fact that the outbreak of coronavirus COVID-19 has led to the introduction in all countries of restrictions on the rights and freedoms of the individual in order to prevent the spread of this infectious disease, declared a global pandemic by the World Health Organization. Thus, the unusual nature of the COVID - 19 coronavirus pandemic poses numerous dilemmas to the public, governments, parliaments, the judiciary, law enforcement and many other actors when it comes to the need for effective protection of health and, ultimately, human life, as well as adherence to and ensuring the fundamental democratic principles of man and society.

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Section: Resultsmentioning

confidence: 99%

Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

et al. 2021

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“…These measures must be specifically aimed at preventing disease or injury or providing care for the sick and injured. Due regard shall be had to the international health regulations of the World Health Organization (Feinberg et al, 2018). It means, that international standards allow the limitation of the right to leave the country; freedom of movement and freedom to choose the residence within a country.…”

Section: Resultsmentioning

confidence: 99%

COVID-19: Regulation of Migration Processes in The European Legal Area

2020

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The rapid spread of the virus around the globe, the widespread introduction of restrictions on freedom of movement and declarations by governments about the great threat to public health on a global scale, have had a serious impact on migration processes in the world. The European legal space has some regulation of migration processes, developed within the framework of the EU, the Council of Europe and the OSCE. However, COVID-19 presented him with some additional challenges. The purpose of the article is to analyze the legal regulation of migration processes within the European legal area in the conditions of the COVID-19 pandemic. The main method to study this problem is the comparative analysis, which allows to compare the legal regulation of migration processes during COVID-19 in three organizations: the European Union, the Council of Europe and the OSCE. In conclusion, the pandemic once again demonstrated the tendencies of national isolation, which exist in the European continent. The EU closes internal borders, the members of the Council of Europe make an exception to the rights contained in the European Convention on Human Rights, but they do not notify the Secretary General of the Council of Europe.

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Human Right Concerns in Vietnam’s Cybersecurity Law: From International Discourse to a Comparative Perspective

Nguyen¹,

Bui²,

Phung³

2022

Journal of Human Rights Practice

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Vietnam's Cyber Security Law, which officially came into effect on the first day of 2019, is considered by the Vietnamese authorities to be an important advance of the Vietnamese legal system in catching up with new information technology issues and addressing the challenges of the Revolution 4.0. The legislation, however, did not come without opposition. Specifically, international dissatisfaction with the law was clearly articulated in January 2019 in the Universal Periodic Review—a major human rights protection mechanism under the management of the UN Human Rights Council; and also, in the Human Rights Committee hearing on Vietnam's implementation of the International Covenant on Civil and Political Rights in March of that year. Within its limited resources, this article first tries to identify and evaluate recommendations and comments during the two events in relation to the Cyber Security Law, made by international actors including states, non-governmental organizations, and authoritative United Nations institutions. With the data, the article can then categorize three vital human rights concerns regarding the law, according to international perception. They comprise (1) the legal philosophy of ‘national security’; (2) obligations imposed on internet businesses; and (3) judicial review/remedy. Finally, the research engages in an extensive comparative analysis between these concerns and international practices to reach different conclusions on their compatibility and possible solutions. The authors believe that constructive criticisms from the international community can be carefully garnered in order to contribute to the refinement of Vietnam’s cyber-security laws in the future.

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National security and public health: exceptions to human rights?

Cited by 4 publications

References 0 publications

Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

Democracy Backsliding as a Danger of Sustainable Development in the Post-Pandemic Period: Social and Legal aspects of Decision

COVID-19: Regulation of Migration Processes in The European Legal Area

Human Right Concerns in Vietnam’s Cybersecurity Law: From International Discourse to a Comparative Perspective

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