11 September and Human Rights, Summer 2002

The attacks of September 11 changed many things. The fight against terrorism became a political priority both at governmental and intergovernmental levels. Many givens of the post cold war era, such as priority of human rights, were reconsidered and a new balance was sought between security and rights. A liberal democracy must face the difficult question of what rights are enjoyed by those who seek to destroy a democratic system. This article outlines how the European Court of Human Rights approaches this question by presenting an overview of critical court decisions. The Court accepts that terrorism is contrary to human rights and democracy. It also accepts that States have the right to fight against terrorism in order to protect democracy. However, the fight against terrorism should remain within the confines of the rule of Law. The Court is against undermining or even destroying democracy on the ground of defending it.

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