HUMAN RIGHTS AND NATIONAL SECURITY; THE POINT OF CONVERGENCE AND DIVERGENCE
Abstract
This paper attempts to analyze and resolve this unhealthy conflict that has led to the subordination of one of these concepts over the other. We would engage in a critical discussion and analysis of human rights and national security. From our discussion, we would see clearly that these concepts are extremely critical and important to the structure, foundation and survival of any civilized and functional State. We would then endeavor to resolve this very thorny problem by attempting to answer the following questions: should the human rights of citizens always take predominance or preeminence over the national security of a State? Or conversely, should the national security of a State take preeminence over the human rights of citizens. In other words, should human rights be suppressed or waived where the national security of a State is at stake? It is our belief that proffering answers to these questions would not only grant us a better understanding of these concepts but it would also engender robust discussions and solutions to this problem. Â
CHAPTER ONE
In almost every corner of the world, no issue can be as mind boggling as a discussion on human rights. While the exact scope of human rights may be in dispute, the researcher has no doubt that any discussion which has the possibility of enhancing the quality of man’s existence on earth must be related to the rights of man.
It could be correctly asserted that there has been concern for human rights since antiquity through the various stages of socio-economic formations up to the modern era. In the study of human rights, one encounters relevant legal acts, constitutions, statutes and international instruments, various terms and notions other than human rights. These include fundamental rights fundamental freedoms, civil liberties and civil rights, individual and collective human rights as well as people’s rights[1]. It is also relevant to mention that the activities of man’s right from birth to his death are directed by an incessant desire and search for justice and ceaseless efforts to avoid injustice.[2]
