HUMAN RIGHTS VERSUS NATIONAL SECURITY
The trade-off between upholding human rights and promising national security continues to be an obstacle for governments all over the world. On the one hand, nations have a fundamental responsibility to defend their population from internal as well as external hazards. On the other hand, a just and democratic community operates on the unwavering tenet of respect for human rights. In the current piece, we examine the complex interactions between national security and human rights whilst highlighting the pressing requirement to balance these two key elements of governance.
The Significance of Human Rights
In global treaties like the Universal Declaration of Human Rights and as embodied in various state constitutions, the phrase “human rights” refers to an array of cultural, economic, political, social, and civic rights. These include, among many others, the liberty of speech, the right to privacy, the ban against torture, and the right to a fair trial. Human rights will be upheld in an intellectual, proactive society that is firmly committed to valuing each individual’s worth and dignity.
The Imperative national security
The main obligation of every government is to protect the nation against threats from globally, such as terrorism, warfare, and espionage. To safeguard their citizens, governments have to uphold internal law and order. An example of a step that can be taken to safeguard national security is the gathering of intelligence. Other examples include surveillance and, if necessary, the use of force. The aforementioned measures are taken to guard potential harm to the state and its citizens.
Striking the delicate balance
Complex ethical and legal quandaries frequently arise when attempting to balance human rights alongside national security. Finding a balance is essential because laying too much emphasis on national security might result in human rights breaches while putting too much emphasis on human rights may place a country at risk for security threats.
The Right to Privacy
Being entitled to privacy is one of the most divisive topics. The right to privacy may be invaded by surveillance techniques like wiretapping, data collecting, and internet activity monitoring. To be able to strike a balance in this situation, surveillance must be adequate, crucial, and subject to court scrutiny.
Freedom of Speech
Sometimes, worries about national security bring about limitations on free expression. Governments must fight against incitement to violence and hate speech, but they must do so while not strangling dissent and legitimate criticism. To avert censorship and defend free speech, striking a balance necessitates specific terms and safety measures.
Counterterrorism Measures
Human rights have been frequently curtailed in the name of combating terrorism. Concerns with respect to torture and inhumane treatment have been expressed voiced in the wake of extraordinary measures like incarceration without charge or “enhanced interrogation” approaches. In this situation, achieving a balance between human rights and national security needs respect to international law and stringent oversight to prevent infringement.
Immigration and Border COntrol
Regulating immigration and borders is a tough issue given that national security considerations typically clash with humanitarian commitments. Nations have to safeguard their borders while upholding the rights of displaced people and asylum seekers. Implementing just and effective immigration laws and guaranteeing humane treatment for people seeking refuge are necessary for achieving an equilibrium between these imperatives.
International Perspectives
While balancing national security and human rights, global cooperation and norms are crucial. The International Covenant on Civil and Political Rights and other treaties and agreements offer a framework for ensuring that governments preserve human rights even while they address security concerns.
At last for governments nearly everywhere, overcoming the conflict between human rights and national security is a difficult and extending task. It’s crucial to strike the proper balance because favoring one aspect over the other can have negative consequences. While maintaining national security is unquestionably crucial, this should not come at the expense of basic human rights. To ensure that those principles are kept, finding balance calls for an allegiance to the rule of law, international cooperation, and a robust system of checks and balances. In the long run, a just and safe society is one that can safeguard its people while upholding their fundamental freedoms and rights. The constant pursuit of this equilibrium is essential for the continued growth and cohesion of any country.
AUTHOR: KRISH PARASHAR a Student at DES Shri Navalmal Firodia Law College
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