Restriction of Human Rights in the Military: The Standard of Legitimacy
JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA
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In democratic countries common standards available from international and domestic law, court decisions, scholarly works and other sources have formed on the the contents of individual human rights. There are no common standards, however, on the application of human rights norms in the special military context. This thesis, referring to cases judged by the European Court of Human Rights, the Hungarian Constitutional Court and the U.S. Supreme Court, reviews the mainstream European and the American standards as well as the major theories on the treatment of human rights in the military. Based upon that, in order to find some common standards applicable in a modern democracy, the thesis sets legitimate national security aims and examines whether certain human rights restictions in the military are a rational means to attain those aims.
- Government and Political Science
- Humanities and History
- Military Forces and Organizations