The Balance Between Human Rights And Sovereignty

Harshit Sharma, Amity Law School, Noida

ABSTRACT

The tension between human rights and national security is a perennial challenge faced by governments worldwide. While ensuring national security is crucial for safeguarding citizens and maintaining social order, the measures taken to achieve it often intersect with or encroach upon fundamental human rights. This abstract explores the intricate relationship between human rights and national security, delving into the complexities, dilemmas, and ethical considerations that arise in striking a balance between the two.

At its core, human rights encompass a set of universal principles that protect individuals' inherent dignity and freedoms, ranging from the right to life and liberty to freedom of expression and privacy. These rights serve as the bedrock of democratic societies, guiding legal frameworks and international agreements aimed at promoting justice, equality, and human dignity. However, in the pursuit of national security objectives, governments may adopt policies and practices that infringe upon these rights, justifying such actions as necessary for protecting against threats such as terrorism, espionage, or insurgency.

The tension between human rights and national security manifests in various ways, including surveillance programs, censorship, detention without trial, and the use of force. For instance, the expansion of mass surveillance technologies raises concerns about privacy rights and government overreach, while counterterrorism measures may lead to the erosion of due process and presumption of innocence. Moreover, the targeting of marginalized groups under the guise of national security exacerbates social inequalities and undermines principles of non-discrimination.

Finding the appropriate balance between human rights and national security is a complex endeavor that requires careful deliberation and accountability. While ensuring the safety and well-being of citizens is paramount, it should not come at the expense of sacrificing fundamental rights and freedoms. Moreover, there is growing recognition that upholding human rights is not only compatible with effective national security but can also contribute to long-term stability and resilience. By promoting transparency, accountability, and respect for the rule of law, governments can enhance both security and human rights protection.

Keywords: Human Rights, Citizen, Freedom