Opinion | Human rights vs national security: whether it’s Hong Kong, the US or Germany, all must find their own balance
- Complex domestic factors are at play, as seen in the US extradition demand for Julian Assange, Germany’s debate over banning the right-wing AfD party and Hong Kong’s protest crackdown
For instance, in a landmark case for human rights, the European Commission of Human Rights ruled that the repressive Greek junta, which had seized power in 1967, had no right to derogate from its human rights obligations, rejecting the junta’s argument that there was a serious threat of a Communist-led overthrow.
Every country’s written constitution allows exceptions to human rights provisions where it is necessary to protect those very rights. Usually, a member of the executive decides where the boundary lies and such an administrative decision can normally be subject to a judicial review.
The criteria would usually include: were there reasonable grounds for the decision or would a reasonable person think the decision made no sense, having no evidentiary foundation?
