ACTIVATING OR DISABLING CRIMINAL PROTECTION OF HUMAN RIGHTS IN A STATE OF EMERGENCY
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue issue 36 part 1, Pages 1-30
AbstractThe criminal protection of human rights is a legal insurance for every human being to defend him from any encroach on his rights, but this insurance does not have the same effectiveness in the case of emergency, in that the emergency case is an exceptional state which possibly could stop the work in legal clauses that form the statutory insurances to humans in the criminal law, and this preventing is requirable in order to achieve the balance in human rights between protecting their families and lives on one hand and protecting the authority of the state from any assault or disorder. To investigate in this activating or deactivating could not exist only in the emergency state and it does not in the normal cases because there are no obligations to deactivate the laws and the principles which construct legitimate guarantees for humans in the normal state. Moreover, the problem which emerges in the research is determining the legal clauses that can be activated or deactivated in the case of emergency, and what is the trustable criterion to which they are bound to, and their appropriateness with the rules of the international law in protecting human rights. According to that, it is going to analyze, explain and adapt the legal clauses in the punishment law, the rules of international law, the international conventions, the emergency law and how to search for a legitimate support which may define the rights that hinder their own legitimate clauses which are concerned in protecting them or activate their protection in the emergency case in that to treat the crucial cases that happen in the case of emergency and determine the dependable criterion in this activating or deactivating. It is also has been determined the cases which require a clear, legal treatment so that to activate this right in the emergency state and decide relentless punishments in the case of violating these laws. Furthermore, it has been determined the laws that conflict with the human rights, and the difficulty of this research shows itself when there is no deep study about this subject in a case of emergency because of its sensitivity concerning human rights and the difficulty to have decisions that touch human rights, especially in the state of emergency since most of the work or the authority is going to be in the hands of the military forces. In addition to that, the importance of this research lies in its difficulty and it can be a guideline for human rights commissions to know the illegal infringements regarding human rights in the emergency case. It also functions as a legal civilizing for the citizens to know what is for them and what is on them in the case of emergency; and a legitimate, studious paper presented to executive and juristic governments: the executive authority to know what is for it and what is not in the case of emergency and the legislative authority in order to make adjustments, adding or deleting to the clauses which require to do so in order to coincide with the principles of human rights.
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