This contribution explores the role of human dignity in the constitutional system of the Netherlands. In what way are human dignity-related norms part of the constitutional framework? Is there a... Show moreThis contribution explores the role of human dignity in the constitutional system of the Netherlands. In what way are human dignity-related norms part of the constitutional framework? Is there a role for human dignity besides the human rights standards that are enshrined in the Dutch constitution? And if so, what is its legal status? Can human dignity norms be invoked before Dutch courts? In order to shed some light on these questions, the author first investigates the text of the Dutch Constitution as well as Dutch constitutional history and tradition (§ 1). In the second phase of the investigation, he discusses some recent proposals for constitutional amendments in which human dignity was a key factor (§ 2). After that, he inquires whether human dignity is referred to in ordinary legislation (§ 3) and in case law of the Dutch courts (§ 4). In § 5, the author summarises his findings. Show less
In a time of terrorist attacks and other crises, governments are faced with the question how to protect the population and the national security. Many states tend to use instruments and take... Show moreIn a time of terrorist attacks and other crises, governments are faced with the question how to protect the population and the national security. Many states tend to use instruments and take measures that infringe upon human rights and individual freedoms in order to protect national security. At the same time, UN Security Council resolutions stress that the 'fight against tarrorism' should take place within the borders set by the rule of law, by international human rights treaties and international humanitarian law. Next to that, international human rights contain a certain 'positive obligation' for states to adequately protect national security and the right to life of the population against terrorist attacks. Therefore, there is a tense and also complicated relation between human rights and national security. The question arises whether there is a way to secure that human rights and national security are compatible entities. This study analyses the relevant articles from human rights treaties and the jurisprudence of international monitoring organs (European Court of Human Rights/UN Human Rights Committee) in order to find out whether international law leaves room for states to limit or even derogate human rights in states of emergency or other situations that threaten national security. The study shows that international law indeed does leave some room, but only limited. In very serious crises that amount to a public emergency threatening the life of the nation, states may derogate from the ordinary level of human right protection, but even during such serious crisis situations there is no 'carte blanche' for states to take any measures they deem necessary. Certain human rights are given absolute protection, even in crisis situations, and emergency measures that interfere with non-absolute human rights should pass a test of strict necessity and proportionality. In this field new norms and concepts have been developed during the last decades. It is, however, clear that the international monitoring of human rights protection during states of emergency and other severe crises needs improvement. Show less
