Human rights Essay Example | Topics and Well Written Essays - 1500 words

Human rights - Essay Example However, despite the urgency that terror attacks require of the legal attention, human rights are to be put into perspective as the legislations are crafted. Critics of majority of the recently crafted legislations concerning terrorism activities argue that the legislations fail to acknowledge the provisions of human rights as ought to be. In particular, the article five of the European convention of Human rights has clear provisions as regards the universal human rights ascribed to detainees, or arrests on suspension. Terror attack suspects usually face arrests and detention before prosecution in a court of law locally or even across borders through deportation. During the arrests, detentions as well as the transfer from one country to another, the suspects or the culprits are normally subjected to extreme torture, physically as well as psychologically which according to human rights provisions are not warranted for. As the project describes, the legislation on terror activities hav e greatly revolutionized especially since the 2001 great attack in New York city in America. However, the human rights activists have on the other hand designed and imposed the provisions of human rights that when evaluated against the terror legislations, the laws are all violations to the rights as provided for within the human rights statutes. The fifth chapter of the ‘Convention for the Protection of Human Rights and Fundamental Freedoms’1 stipulates that every individual has a right to safety and freedom. It outlines the provisions that govern human liberty and outlines the only times when personal liberty may be deprived especially in the event of procedures that are prescribed by law. It provides that people have the right to know through being told reasons to their arrest. This implies that prior to the arrest and being to custody for any case of violation to a country’s law, a person is entitled to full information. Detained persons and/or persons arrest ed on suspicion should be taken through trial within a reasonable time. It also provides for releases on conditions of appearing for trial. Detainees or persons in custody and whose rights to liberty are denied through slow trial have equal rights to quickened legal proceedings through which the lawfulness of their detention would be determined. The article also stipulates that under clear confirmation that any of the provisions under the article are deprived to any person under arrest or in detention, then he/she has legal and enforceable provision to compensation. However, the article also provides exceptional circumstances under which the human rights provision to personal liberty may be legally deprived in accordance to defined legislations. Therefore, in summary of the articles provision, all persons have the provisions by law to personal liberty and under the conditions provided for under which the liberty to a person may be infringed, then the deprivation must runs as per the law, continue for a reasonable period of time and must equally be proportionate. However, a critical analysis of the current legislations on terror, the suspects does suffer prolonged pre-charge detention even as compared to other suspects. The controls orders as well as the TPIM (Terrorism Prevention and Investigation