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Enhancing surveillance through the PATRIOT Act and the Foreign Intelligence Surveillance Amendment Act, and their impact on civil liberties : can human security be compromised by securitization?

Silva, Ana Vanessa Miranda Antunes da
Fonte: Universidade do Minho Publicador: Universidade do Minho
Tipo: Dissertação de Mestrado
Publicado em //2014 Português
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66.94%
Dissertação de mestrado em Relações Internacionais; The post-9/11 period, particularly in the US, is demarcated by exacerbated security concerns and the emergence of a state of exception that marked the proliferation of exceptional legislative measures. The enhancement of surveillance surfaced as one the main tools to prevent future terrorist attacks. Therefore, the analysis of this dissertation will focus specifically on exceptional provisions that reinforce surveillance capabilities of American authorities: section 215 of the PATRIOT Act and section 702 of the FAA. Focusing on the US case-study and combining the securitization theory and human security framework, this dissertation intends to demonstrate that an intensification of terrorism securitization occurred after September 2001 generating exceptional legislative measures, whose impact upon civil liberties, and subsequently human security was felt. A contextual operationalization of human security is thus presented, defining it as the freedom from material violence – physical threats to security – and the freedom from immaterial violence – the disrespect for civil and political rights. The transnational character of terrorism, the ever-increasing dynamics of globalization and technological development have all contributed to the increment of transnational mass surveillance. Consequently...

Examining the Terror Exception: Terrorism and Commitments to Civil Liberties

Mondak, Jeffery J.; Hurwitz, Jon
Fonte: Oxford University Press Publicador: Oxford University Press
Tipo: Artigo de Revista Científica Formato: text/html
Português
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Faced with the threat of terrorism, many Americans have supported policies aimed at promoting security even when those policies possibly infringe upon civil liberties. To what extent does this policy support constitute a “terror exception” made by citizens who would otherwise seek the preservation of those liberties, and to what extent does it represent a more general rejection of constitutional principles? In order to address this question, attitudes regarding anti-terror policies must be viewed in a broader context. Toward this end, we examine data from a split-ballot experiment included as part of the 2006–2007 Congressional Elections Study. Respondents were asked policy items focused on either terrorism or serious crime. We find that respondents are almost as willing to sacrifice civil liberties to fight crime as to fight terrorism, and that attitudes regarding terrorism and crime policy exhibit considerable structural similarity. These findings cast doubt on the civil libertarian convictions of Americans even outside of the realm of anti-terror policy.

17.245 The Supreme Court, Civil Liberties, and Civil Rights, Spring 2006; The Supreme Court, Civil Liberties, and Civil Rights

Ghachem, Malick W. (Malick Walid)
Fonte: MIT - Massachusetts Institute of Technology Publicador: MIT - Massachusetts Institute of Technology
Português
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Subject considers constitutional rights, processes, civil rights and liberties, and criminal procedure. Focus on Supreme Court case law. Description from course home page: This course introduces students to the work of the Supreme Court and to the main outlines of American constitutional law, with an emphasis on the development of American ideas about civil rights. The goal of the course is to provide students with a framework for understanding the major constitutional controversies of the present day through a reading of landmark Supreme Court cases and the public debates they have generated. The principal topics are civil liberties in wartime, race relations, privacy rights, and the law of criminal procedure.

Entrevista com Anthony Romero, Diretor Executivo da American Civil Liberties Union (ACLU)

Romero, Anthony
Fonte: Superior Tribunal de Justiça do Brasil Publicador: Superior Tribunal de Justiça do Brasil
Tipo: Artigo de Revista Científica
Português
Relevância na Pesquisa
56.69%
Publicado em português, espanhol e inglês.; Título em espanhol: Entrevista con Anthony Romero, Director Ejecutivo de American Civil Liberties Union (ACLU) -- Título em inglês: Interview with Anthony Romero, Executive Director of the American Civil Liberties Union (ACLU).; Aborda temas como o movimento internacional de direitos humanos, a relação da ACLU com as organizações não governamentais fora dos Estados Unidos, o modo como os americanos compreendem os direitos humanos, os direitos sociais na pauta da ACLU e o trabalho desenvolvido por essa organização em defesa de presos.; Entrevista concedida a Conectas Direitos Humanos

Does Liberté = Egalité? A Survey of the Empirical Links between Democracy and Inequality with Some Evidence on the Transition Economies

Gradstein. Mark; Milanovic, Branko
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Português
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46.77%
The effect of the distribution of political rights on income inequality has been studied both theoretically and empirically. The authors review the existing literature and, in particular, the available empirical evidence. The literature suggests that formal exclusion from the political process through restrictions on the voting franchise appears to have caused a high degree of economic inequality. And democratization in the form of franchise expansion has typically led to an expansion in redistribution, at least in the small sample of episodes studied. In a less pronounced way, albeit more emphatically compared with the ambiguous results of earlier research, recent evidence indicates an inverse relationship between other measures of democracy, based on civil liberties and political rights, and inequality. The transition experience of Eastern European countries, however, seems to some extent go against these conclusions. This opens possible new vistas for research, namely the need to incorporate the length of democratic experience and the role played by ideology and social values

Constitutional rights and national security : some issues in India

Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Conference item Formato: 100096 bytes; 349 bytes; application/pdf; application/octet-stream
Português
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[Conclusion]: In conclusion I would like to note that, in the case of India, the expansion of the legal and policing machinery in the name of national security coupled with a policy to impute all problems as caused by cross border terrorism has given anti-democratic forces a very strong handle to selectively apply its special powers to curtail civil rights. In the case of Gujarat, the central government took an inordinately long time to wake up to the problem and did nothing to curb the state sponsored terrorism against the Muslim population and still continues its provocative policy of encouraging decisions within the state. The use of extraordinary powers, which give virtual immunity from prosecution, robs the citizens of their rights. This also diminishes the role of civil police and erodes the democratic functioning of the state. India prides itself on being a democratic society with an effective press, impartial judiciary and an active civil rights movement yet all these are put in jeopardy if the rights of people are eroded. Political problems need to be addressed politically and not blamed solely on outside intervention. Today it would seem that struggle in many societies is not to enact legislation to guarantee rights but to act to prevent legislation that would curtail civil liberties in the name of the guaranteed life and liberty.

Internet, Telecom Sector Liberalization and Civil Liberties in the Middle East and North Africa Region

GIANFRANCHI, Rachele; KERAMANE, Rym
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
Português
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46.92%
Middle Eastern and North African countries started liberalizing the Internet in the mid 1990’s as a result of the political willingness to develop an economy based on knowledge. The paper suggests that liberalization is playing an important role in changing the level of civil liberties enjoyed by citizens by increasing the quality and quantity of information accessed. In the Middle East it identifies issues such as the abuses of dominance by the incumbent operator in the access market and content control policies to have constrained the Internet’s impact on civil liberties. The paper verifies empirically the relation between Internet diffusion and civil liberties in a sample of 44 countries belonging to three region: South-Western Europe, Eastern Europe, the Middle East North Africa. It identifies monopolistic behaviours by state-owned operators and content control policies to mitigate the Internet’s impact on civil liberties. In the Middle East North Africa, telecom sector liberalization has increased significantly since 2003, improving the quantitative and qualitative usage of the Internet. In parallel, the region shows growing interest for providing online administrative and business services. These changes are positively influencing the diffusion and protection of civil liberties.; Product of workshop No. 10 at the 6th MRM 2005

Friending Brandeis: Privacy and Government Surveillance in the Era of Social Media

Gaffin, Elizabeth S.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Tipo: Tese de Doutorado
Português
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Approved for public release; distribution is unlimited; Today, individuals network and interact with each other in radically different ways by using social networking sites, such as Facebook and Twitter. Utilizing this new media, individuals are able to share intimate details of their lives, coordinate activities, and exchange ideas with friends, family and others in ways previously accomplished only in person, by telephone, or in written letters stored at home. At the same time, terrorist organizations and other criminal actors are increasingly utilizing social networking sites, for both recruiting purposes and for the planning, financing, and execution of nefarious acts. As such, social networks have become a valuable source of intelligence for the law enforcement and intelligence communities that enable the collection of information pertaining to individuals in ways not previously possible. However, the law pertaining to surveillance in cyberspace has failed to keep pace with society's adoption of social networking and other cloud computing technologies. This thesis examines the privacy and civil liberties safeguards inherent in the Fourth Amendment and the need to ensure that an appropriate balance is struck between an individual's reasonable expectation of privacy in online communications and the government's information gathering requirements necessary to combat emerging criminal and terrorist threats.; Attorney...

Judicial review : state supreme judicial views on balancing civil liberties and public safety/security measures during the global war on terror

Fairweather, Patty Allison.
Fonte: Monterey, California. Naval Postgraduate School Publicador: Monterey, California. Naval Postgraduate School
Tipo: Tese de Doutorado Formato: xii, 107 p. : col. ill. ;
Português
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CHDS State/Local; Political responses to terrorism in the United States and the international community have been to place limitations upon and/or to suspend civil liberties. Since constraining civil liberties may lead to the spread of terror, balancing the competing interests of individual civil liberties and public safety/security measures imposed by government in times of national emergency is essential to reducing terrorism and to the pursuit of peace. Constitutional courts both federal and state through the mechanism of judicial review serve to guard civil liberties against government encroachment. Yet, some scholars decry judicial review as counter-majoritarian, an illegitimate and undemocratic exercise in a representative democracy, while others laud judicial review as an essential function to advance peace, public participation in governing and legitimating democracy's quest to reduce terrorism. This thesis seeks to transcend the debate over judicial review by exploring the views of State Supreme Court Justices on what factors they consider essential to consider when balancing the competing interests. It invites the reader to engage a global discourse. To participate in the political spaces, judges operate to accept that because judicial review offers an alternative to the sword...

Human rights in the wake of terrorism

Charlesworth, Hilary
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Working/Technical Paper Formato: 27748 bytes; 386 bytes; application/pdf; application/octet-stream
Português
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[Introduction]:It's important to begin with the observation that terrorism, which I take to mean causing death or injury to civilians in order to intimidate a population, or to compel a government or international organisation to act in a particular way, is itself a massive violation of human rights. By definition terrorists target non-combatants to achieve political or ideological purposes and thus violate the rights to life and security of innocent people. I also want to note that terrorism is a very complex phenomenon and it's crucial to understand this to be able to work effectively against it. The word 'terrorism' can very easily be used in an omnibus way to mean any activities that we do not approve of, or the activities associated with particular cultures and religions. I heard UK PM Tony Blair yesterday on the radio say, in the wake of the Bali bombings, that the West was facing a 'monolithic' terrorist threat. This might be politically effective rhetoric, but it's dangerously inaccurate. As the Oklahoma bombing showed us so dramatically several years ago, terrorism is a tool of many disaffected groups and terrorists fit no particular profile. The idea of a monolithic terrorism also of course plays into problematic stereotypes of western virtue and oriental menace which themselves can exacerbate the likelihood of violence. Failure to understand the complexity of terrorism and its causes can also lead to a judgment that the protection of human rights is a minor...

Parliament to the diary room: are we trading in civil liberties for a big brother state?

Slattery, Tim
Fonte: Universidade Nacional da Austrália Publicador: Universidade Nacional da Austrália
Tipo: Relatório
Português
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67.08%
Since the September 11th terrorist attacks on the World Trade Centre in New York the Australian perspective on tetTorism has significantly shifted, becoming a focal point which has largely dominated Australia's foreign policy and, more recently, Australia's domestic security policies. This change has seen amendments made to the Australian Security Intelligence Organis ation Act 1979 in 2002, as well as proposed changes in the form of the Anti-Terrorism Bill 2004. Whilst the introduction of these new laws has been touted as necessary to increase Australia's security, they are for many a frightening reduction of civil liberties. This report seeks to highlight the impact of the current Australian Security Intelligence Organisa tion Act 1979 and the proposed Anti-Te rrorism Bill 2005 on civil liberties in Australia. Due to limitations this report will focus only on the questioning and detention powers in the ASIO legislation , as well as the control orders and preventative detention orders in the proposed legislation. This report will conclude that the current and proposed anti-terror legislation infringe too greatly on civil liberties and as such will recommend that legislation is introduced entrenching civil liberties into the Australian legal system. Chapter 1 of this report will investigate the existence of civil liberties in an Australian legal context by examining the express and implied rights within the Australian Constitution and the Common Law. It will also briefly outline civil liberties in international law. Civil liberties in Australia are by no means expansive...

A New Deal for Civil Liberties: An Essay in Honor of Cass R. Sunstein

Vermeule, Cornelius Adrian
Fonte: Harvard University Publicador: Harvard University
Tipo: Artigo de Revista Científica
Português
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A central, organizing motif of Cass Sunstein's work is the effort to spell out the consequences of the New Deal for American law. I suggest that anyone who shares Sunstein's premises can and should go even farther in this direction. The logical consequence of Sunstein's views is a New Deal for all civil liberties and personal liberties. Criminal law and procedure, and cases growing out of the Global War on Terror, should be approached through New Deal lenses. All civil and personal liberties will ultimately have to justify themselves at the bar of cost-benefit analysis. This essay is prepared for a symposium on "The Scholarship of Cass R. Sunstein" to be published by the Tulsa Law Review.

Mental health law: civil liberties and the principle of reciprocity.

Eastman, N.
Fonte: BMJ Group Publicador: BMJ Group
Tipo: Artigo de Revista Científica
Publicado em 01/01/1994 Português
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At a conference organised by the Law Society, Mental Health Act Commission, and Institute of Psychiatry possible reform of mental health legislation in England and Wales was discussed. It was concluded that radical legal reform was required, and that the law should be designed specifically for provision of care in both hospital and the community. Reform should be based on principle rather than pragmatism, particularly the principle of reciprocity--patients' civil liberties may not be removed for the purposes of treatment if resources for that treatment are inadequate. Protection of society from nuisance or even violence is insufficient reason for detention. Legal provision for compulsion of patients, whether in hospital or the community, must be matched by specific rights to treatment.

"Out of the shadows: legislating for hate crime in Ireland" - preliminary findings

Haynes, Amanda; Schweppe, Jennifer; Carr, James; Carmody, Niamh; Enright, Shannen
Fonte: University of Limerick Publicador: University of Limerick
Tipo: info:eu-repo/semantics/report; all_ul_research
Português
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n/a; In October 2014 the Irish Council for Civil Liberties, in association with the NGO Working Party on Hate Crime, commissioned the Hate and Hostility Research Group at the University of Limerick to investigate the case for the introduction of hate crime legislation in Ireland. This Report represents the preliminary findings of this research. It addresses the treatment of the hate element of crimes under existing law, the suitability of various options for legislative reform to the Irish criminal justice system and presents proposals for legislative reform.

An international review of legal provisions and supports for people with disabilities as victims of crime

Kilcommins, Shane; Edwards, Claire; O'Sullivan, Tina
Fonte: Irish Council for Civil Liberties:ICCL Publicador: Irish Council for Civil Liberties:ICCL
Tipo: info:eu-repo/semantics/report; all_ul_research
Português
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46.44%
non-peer-reviewed; People with disabilities who become victims of crime have derived some benefits from the broader inclusionary momentum in relation to victims in the legal field in Ireland. In addition, there have been some benefits from legislation specifically targeted at supporting people with disabilities. The requirements on public service providers imposed by the Disability Act 2005, for example, have led to improved access to courthouses and Garda stations, through wheelchair ramps, the introduction of induction loop systems (a system comprising of a loop of cable around a designated area, usually a room or a building, which generates a magnetic field picked up by a hearing aid), and the provision of information in accessible formats.; PUBLISHED; non-peer-reviewed

Civil liberties and the critics of safe vaccination: Australian Vaccination Network Inc v Health Care Complaints Commission [2012] NSWSC 110

Vines, Tim; Faunce, Thomas
Fonte: The Law Book Company Publicador: The Law Book Company
Tipo: Artigo de Revista Científica
Português
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46.44%
Public immunisation programs have, time and again, demonstrated their effectiveness at reducing mortality and morbidity from vaccine-preventable diseases such as measles and pertussis. Governments, health agencies and almost all health practitioners regard vaccines as safe and cost-effective treatments with a low risk profile. Nevertheless, despite, or perhaps because of, their success, immunisation programs and vaccines have increasingly been questioned by various lobby groups, sceptical of the safety of vaccines and the motives of those who administer them. Whereas the reach of these groups would have once been limited by the cost of postage, the internet has delivered a global audience. The extent to which these anti-vaccination advocates are expected to comply with the ethical and professional standards applied to registered health professionals remains unresolved in Australia. As demonstrated in the case of Australian Vaccination Network Inc v Health Care Complaints Commission [2012] NSWSC 110, the ability of professional oversight bodies to regulate the information promoted by these lobby groups is limited by traditional conceptions of the doctor-patient relationship and the clinical setting in which medical advice is delivered. Acknowledging that vaccines...

Segurança nacional e liberdades civis nos Estados Unidos: Obama e a opção pela segurança

Damin, Cláudio Júnior; UFRGS
Fonte: Meridiano 47; Meridiano 47 Publicador: Meridiano 47; Meridiano 47
Tipo: info:eu-repo/semantics/article; info:eu-repo/semantics/publishedVersion; ; Formato: application/pdf
Publicado em 30/10/2013 Português
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O artigo analisa, à luz da experiência histórica dos EUA, as recentes denúncias de vigilância do Estado em relação aos indivíduos no governo de Barack Obama. Aborda-se a tensão entre segurança nacional e liberdades civis e como o democrata faz uma opção pela segurança, repetindo o padrão de presidentes anteriores. The article examines, in the light of the historical experience of the U.S., recent reportsof state surveillance in relation to individuals in the government of Barack Obama. Addresses the tension between national security and civil liberties and how the Democrat did an option for safety, repeating the pattern of previous presidents.

Soft power may be the UK government’s best option to promote trade and civil liberties in the Gulf states

Khorrami Assl , Nima
Fonte: Blog post from London School of Economics & Political Science Publicador: Blog post from London School of Economics & Political Science
Tipo: Website; NonPeerReviewed Formato: application/pdf
Publicado em 16/10/2011 Português
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The UK’s relationship with the Persian Gulf has undergone many changes in its over 200-year history. Now, the British government under the coalition is focused on building closer trading ties, whilst at the same time encouraging greater civil liberties in the Gulf. Nima Khorrami Assl argues that both of these objectives are best served by the UK’s formal and informal networks of advisers and diplomats.

A critique of the key legislative framework guiding civil liberties in Zimbabwe

Mapuva,J; Muyengwa,L
Fonte: PER: Potchefstroomse Elektroniese Regsblad Publicador: PER: Potchefstroomse Elektroniese Regsblad
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2012 Português
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The dynamic and controversial nature of Zimbabwean politics has manifested itself through several undemocratic practices, including restrictive legislation which sought to diminish participatory spaces and/or curtail civil liberties. Corruption, gross human rights violations and arbitrary decision-making processes have created a rift between citizens and the state. This has further created space for the establishment of pro-democracy civil society movements which have sought to mobilise citizens towards the restoration of democracy. The desire to cling to power by the ruling elites has seen the enactment of restrictive legislation that seeks to curtail and impinge on civil liberties and restrict the political landscape in favour of the ruling elites. Key legislative framework presented in this paper is within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections. In some cases, colonial legislation that politicians claimed to have repealed was reincarnated, as the post-colonial dispensation asserted its authority over its defenceless people.

Access to abortion and secular liberties

Lorea,Roberto Arriada
Fonte: Horizontes Antropológicos Publicador: Horizontes Antropológicos
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2007 Português
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In Brazil, facing an issue like abortion requires a secular perspective since the freedom of conscience assured by the Federal Constitution places upon the State the need to regard not only different viewpoints of different religions, but more specifically assure the right to diversity existing within a same religion, as well as the right to exercise different views from those of the hierarchy of his/her own religion. As such, there is no legal barrier for the decriminalization of abortion in the country. It is up to legislators to reform the present law and decriminalize abortion, assuming the commitments Brazil has assumed with international human-rights organizations, thus assuring the efficacy of civil liberties.