The fundamental purpose of this study is to investigate whether foreign terrorists are taking advantage of HRA to obtain and retain their shelters in the UK; moreover, this paper will also scrutinise whether the legal remedies, that is, the grounds for derogation under the Act are sufficient to provide a viable way out to this perceived crisis or not.
The findings of this paper reveal that a considerable number of terrorists have used the law to obtain and retain their shelters; in addition, the clauses of derogation were not sufficient to allow the state to solve the problem in order to conserve public security. In fact, the courts delivered some very authoritative judgements, firmly establishing the concept that deportations are not possible in defiance of the Articles of the Convention, and this in turn has encouraged more foreign offenders to seek asylum in the UK. The rising number of terrorists may cause a long-term impact on the society, and there are apprehensions that preserving the rights of the foreign terrorists would jeopardize the rights of innocent citizens.
Since the September 11 attacks, the UK governments always prioritised the struggle to push back terrorism by every possible manoeuvre. One foremost step to restrict terrorist activities was to ensure the outflow of terrorists living in the UK, and to resist the terrorists seeking refuge in the UK from obtaining shelter. Conversely, HRA 1998 incorporated the ECHR with the key aspiration of safeguarding the rights of every single human being within the UK‘s territory; however, in the subsequent period, the Home Secretary remained persistent in alleging that significant numbers of terrorists are circumventing deportations on human rights grounds, making the struggle against terrorism more difficult in post HRA platform.
Inhaltsverzeichnis (Table of Contents)
- CHAPTER ONE: PROBLEM STATEMENT
- 1.1 INTRODUCTION
- 1.2 BACKGROUND OF THE PROBLEM
- 1.3 RATIONALE FOR THE RESEARCH
- 1.4 RESEARCH QUESTION AND OBJECTIVES
- CHAPTER TWO: LITERATURE REVIEW
- 2.1 ECHR ADOPTION, TERRORISM, AND THE PROTECTION OF INNOCENTS
- 2.1.1 Need for Enhanced Counterterrorism Today
- 2.1.2 Intensifying Intimidation by Fanatics and HRA 1998
- 2.2 OBTAINING SHELTER SINCE ECHR ADOPTION
- 2.3 SHELTER RETENTION BY TERRORISTS
- 2.4 THE DEROGATIONS AND THE PERCEIVED PROBLEM
- 2.4.1 War and Emergency
- 2.4.2 Actual Scope of the Derogations
- 2.5 MORAL DILEMMA IN ENDORSING TERRORISTS' CIVIL LIBERTIES
- CHAPTER THREE: RESEARCH METHODOLOGY
- 3.1 RESEARCH DESIGN
- 3.2 PRIMARY SOURCES
- 3.3 SECONDARY SOURCES
- 3.4 RESEARCH APPROACH
- 3.5 DATA ANALYSIS METHOD
- 3.6 ETHICS STATEMENT
- 3.7 LIMITATIONS OF THIS STUDY
- CHAPTER FOUR: FINDINGS AND RESULTS
- 4.1 ARE FOREIGN TERRORISTS EXPLOITING HRA TO OBTAIN SHELTER?
- 4.2 ARE FOREIGN TERRORISTS EXPLOITING HRA TO RETAIN THE SHELTER?
- 4.3 TO WHAT EXTENT DOES THE LAW RESOLVE THE PROBLEM?
- CHAPTER FIVE: DISCUSSION
- 5.1 A PLATFORM FOR TERRORISTS TO GET REFUGE
- 5.1.1 Latent Impact on Society
- 5.2 SYNTHESIZING SHELTER RETENTION MECHANISMS AND RECENT CASES
- 5.2.1 Political Viewpoints Regarding the Problem
- 5.3 SCOPE TO GRAFT A SOLUTION WITHIN THE PRESENT LEGAL FRAMEWORK
- 5.4 IRRECONCILABLE ASPECTS
- CHAPTER SIX: RECOMMENDATIONS AND CONCLUSION
- 6.1 RECOMMENDATIONS
- 6.2 CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation investigates the interplay between the Human Rights Act 1998 (HRA) and the UK government's efforts to counter terrorism. The primary objective is to determine whether foreign terrorists exploit the HRA to obtain and retain shelter in the UK. The research also examines the effectiveness of the HRA's derogation clauses in addressing this issue.
- The impact of the HRA on the UK's counterterrorism strategy.
- The extent to which foreign terrorists utilize the HRA for asylum in the UK.
- The effectiveness of the HRA's derogation clauses in addressing concerns about terrorism.
- The potential conflict between protecting the rights of foreign terrorists and the rights of UK citizens.
- The moral dilemma of balancing civil liberties and security concerns in a post-9/11 world.
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter One introduces the problem statement and provides background information on the relationship between the HRA and the UK's counterterrorism strategy. It outlines the rationale for the research and defines the research question and objectives.
Chapter Two reviews the relevant literature on the ECHR, terrorism, and the protection of innocent citizens. It examines the arguments for and against the HRA's application in the context of terrorism, exploring the moral dilemma of balancing civil liberties and security concerns.
Chapter Three details the research methodology employed in the study, including the research design, primary and secondary sources, research approach, data analysis method, ethics statement, and limitations.
Chapter Four presents the findings and results of the research, addressing the key questions of whether foreign terrorists exploit the HRA to obtain and retain shelter in the UK and the effectiveness of the derogation clauses in addressing this issue.
Chapter Five discusses the implications of the findings, analyzing the potential for foreign terrorists to seek refuge in the UK, examining the impact on society, and exploring potential solutions within the existing legal framework.
Schlüsselwörter (Keywords)
This dissertation focuses on the legal and ethical complexities of counterterrorism in the post-HRA era. Key terms include Human Rights Act 1998 (HRA), European Convention on Human Rights (ECHR), counterterrorism, terrorism, foreign terrorists, derogation, civil liberties, public security, and the moral dilemma of balancing individual rights with national security concerns.
Frequently Asked Questions about Terrorism and the Human Rights Act 1998
Does the HRA 1998 help foreign terrorists seek asylum in the UK?
The research investigates claims that foreign terrorists use the Human Rights Act to obtain and retain shelter in the UK by citing potential human rights violations in their home countries.
What is the conflict between civil liberties and public security?
There is a moral and legal dilemma in balancing the safeguarding of individual human rights (under the ECHR) with the state's duty to protect innocent citizens from terrorist activities.
What are "derogations" under the Human Rights Act?
Derogations are clauses that allow the state to temporarily suspend certain rights in times of war or public emergency threatening the life of the nation.
Can the UK deport suspected foreign terrorists?
Courts have established that deportations are not possible if they defy the Articles of the Convention, particularly if the individual faces torture or inhuman treatment abroad.
How did the 9/11 attacks change counterterrorism in the UK?
Since the attacks, UK governments have prioritized pushing back terrorism, leading to a persistent struggle between national security maneuvers and the HRA 1998 framework.
Is the HRA considered a barrier to fighting terrorism?
The paper examines political viewpoints alleging that significant numbers of terrorists circumvent deportations on human rights grounds, making counterterrorism more difficult.
- Quote paper
- Suchana Chowdhury Suchi (Author), 2015, An investigation of the struggle against terrorism in the post HRA 1998 era, the basis of concerns, and legal remedies, Munich, GRIN Verlag, https://www.grin.com/document/900019
