Departmental Bulletin Paper 欧州評議会のテロ防止関連諸条約における「人権条項」の意義
Human Rights Protection by the “Discrimination Clause”in Terrorism-Prevention Treaties Adopted by the Council of Europe

柳生, 一成

15 ( 2 )  , pp.419 - 442 , 2016-07-10 , 一橋大学大学院法学研究科
The European Convention on the Suppression of Terrorism adopted by the Council of Europe in 1977 “depoliticized” the offences defined in the international treaties on the fight against terrorism, such as the “Hague Convention” and the “Montreal Convention,” in order to facilitate the extradition of offenders between Member States, whereas it also included the “discrimination clause.” Although the clause is intended to protect both the traditional rights of asylum and the human rights protected by the European Convention of Human Rights by means of stipulating grounds for the refusal of requests to extradite, the former aspect of the Treaty attracts the criticism that it leaves room for the requested countries to reject requests, based on political motives, and thereby impairs the effectiveness of the treaty. However, an increasing number of Conventions adopted both in the international and the European sphere include the discrimination clause. This article examines the historical development of the clause and shows that countries have focused more on its role as the safeguard for human rights in human rights treaties than its political aspect.

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