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Preventing synecdoche : counter-terrorism and the norm of non-discrimination in Europe
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Florence : European University Institute, 2018
EUI; LAW; LLM Thesis
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HARRIS, Catriona Clare, Preventing synecdoche : counter-terrorism and the norm of non-discrimination in Europe, Florence : European University Institute, 2018, EUI, LAW, LLM Thesis - https://hdl.handle.net/1814/93726
Abstract
Counter terrorism responses have proliferated across Europe in the years following the socalled 9/11 attacks in the USA. The development of domestic counter-terror laws occurred concurrently with new threats emerging from within, rather than from outside, the target countries: the perpetrators of the terrorist attacks on the continent in 2004 and 2005 were nationals of the countries in which these attacks took place. Measures have been adopted to address this internal threat by way of domestic counter-terror laws, which aim to ‘prevent’ future attacks, by granting additional powers to the police to stop and search individuals in public, obliging teachers to report students who exhibit 'radical tendencies', and blocking suspected terrorist money-laundering schemes, inter alia. It is commonly accepted that these domestic measures prioritise the prevention of future attacks at the cost of eroding democratic principles such as human rights and equality. States in Europe have been criticised for ‘overreaching’ the purpose of counter-terror laws in practice. One prominent claim is that counter-terror measures are discriminatory when they target (perceived or actual) Muslims, who are associated with the ‘Jihadist’ ideology which has driven the most fatal attacks in Europe. These claims, if true, reveal that states in Europe are unable to uphold their commitments to simultaneously fight terrorism and prohibit discrimination. There is a distinct lack of scholarship which addresses these claims using a comprehensive approach to the norm of non-discrimination. A small number of studies to date have considered how certain counter-terror measures violate the non-discrimination norm in international human rights law and constitutional law. Daniel Moeckli has convincingly argued that the use of ethnic profiling (for instance) in counter-terrorist policing in Germany, the United Kingdom (UK) and the United States of America violates the ‘human right to nondiscrimination’. His central argument, one which is echoed in the work of other scholars and practitioners, is that the use of ethnic profiling interferes with other human rights and is not a proportionate way of meeting the legitimate aim of countering-terrorism.
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Award date: 01 October 2018
Supervisor: Professor Claire Kilpatrick (European University Institute)
Supervisor: Professor Claire Kilpatrick (European University Institute)