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DING Shouqing, GU Liyan: On the Conflict and Balance between Anti-terrorism and Human Right Protection
September 12,2019   By:
On the Conflict and Balance between Anti-terrorism and Human Right Protection
 
DING Shouqing, GU Liyan
 
China
 
Abstract: With the increasingly severe global terrorism situation, countries have continuously revised their anti-terrorism laws and related criminal laws, adopted legislation to restrict and derogate civil liberties, increased the punishment of terrorists. And the adopting of corresponding counter-terrorism measures to increase the monitoring of suspicious personnel. Because the values and interests of counter-terrorism measures and human rights protections have different focal points, may exist conflicts and contradictions are inevitable between them. On the value-orient level is the conflict between national, collective and individual interests. Coordinating and balancing this conflict within the existing legal framework is a practical problem facing by every country in the international community.
 
Life is the embodiment of the highest value of human rights. This is the basic understanding of human rights among the international community. When security and human rights conflict, it is clear that security is placed first. From the perspective of global terrorism, the first violation of terrorist activities is the right to life and health of innocent people. The relevant UN Security Council resolutions on counter-terrorism and human rights guarantees clearly state that the corresponding human rights can be deducted in the process of counter-terrorism and the investigation of terrorists, because terrorism has great harm and influence in politics and other aspects. China's human rights values emphasize survival as the center, "people-centered" is the core of socialist China's human rights values, while Western countries emphasize the universal human rights values of "human rights above sovereignty" and individual freedom. The very different political systems and value pursuits between China and the West determine that any anti-terrorism and de-extremism policies and measures adopted by China will never meet the "human rights" values of developed countries in the West.
 
The Chinese government and people have a very clear understanding of the balance between anti-terrorism and human rights protection. The "Teaching and Training Center" established in Xinjiang is a precautionary counter-terrorism measure to protect terrorism at its embryo stage. The center is protecting trainees’ right of life, health and property while also guaranteeing their right of education, develop, and social economic rights. It not only saved a large number of people who were on the verge of terrorist crimes, but also helped them realize their social and economic rights such as the right to development and employment. It not only promoted the level of rule of law in China's anti-terrorism and human rights protection to a new height, but also conformed to the relevant provisions of the UN Charter and a series of international human rights conventions.
 
There is no best human rights but better condition of human rights. There is no absolute and border-less freedom of human rights in any country. Anyone enjoying the freedom of human rights must abide by the national constitution and laws.
 
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