The Concept of National Security in the Jurisprudence of the European Court of Human Rights

Document Type : Original Article

Authors

1 Professor of International Law, Faculty of Humanities, Bu-Ali Sina University, Hamedan, Iran.

2 PhD in Public International Law, Science And Research Branch, Islamic Azad University, Tehran, Iran.

Abstract

Protecting "national security" is one of the reasons that allows governments to limit the enjoyment of civil and political rights by individuals, organizations, and parties. Compliance with the requirements of this concept, such as the need to protect the rights and freedoms of others, is a reassuring tool for governments to protect their existence, vital interests, and territorial integrity. Despite this, in those governments where national security is organized on a one-dimensional and power-oriented structure, the rights and interests of opponents, including minority groups, may be violated under the pretext of observing "national security". The main question of this article is: “How the jurisprudence of the European Court of Human Rights has interpreted the concept of "national security" in the aforementioned cases?” The present research is written in a descriptive-analytical method using library and internet sources. The author's hypothesis is that the judicial procedure has been devoted to editing and revising this concept to change and adjust it from a one-dimensional and government-oriented concept to a multi-dimensional and people-oriented concept, in such a way that the interests and aspirations of all groups and communities living in a country are provided based on the components of national security in that government.

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Main Subjects

References

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History

  • Receive Date: 03 September 2022
  • Revise Date: 29 September 2022
  • Accept Date: 23 October 2022

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