Title National security as a ground to restrict human rights under the echr
Translation of Title Nacionalinis saugumas kaip pagrindas riboti žmogaus teises pagal EŽTK.
Authors Tchikadze, Mariami
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Pages 62
Keywords [eng] National security, right to privacy, targeted surveillance, mass surveillance, margin of appreciation. Nacionalinis saugumas, teisė į privatumą, tikslinis sekimas, masinis sekimas, diskrecijos riba.
Abstract [eng] The present Master’s thesis provides an in-depth analysis of the interrelation between national security as a legitimate public interest and the right to privacy under Article 8 of the ECHR in the context of secret surveillance. The right to privacy is a universally recognized human right which prohibits national authorities from unjustifiable interference. At the same time, each state has the primary responsibility to protect everyone within their jurisdiction from national security threats. Balancing these competing interests has a special importance in a democratic society and striking a fair balance between them is impossible without the margin of appreciation doctrine, which is well-established in the ECtHR’s case-law. The thesis examines the essence and main features of the concept of the national security as well as the right to privacy and analyses how the Court applies the margin of appreciation doctrine in balancing these interests. It compares and analyzes key judgements of the ECtHR on targeted and mass (bulk) surveillance, critically examines the circumstance in which interference in the name of national security was considered justified, and identifying the main factors leading the Court to found that national authorities overstepped their discretion. Due to a detailed analyses of the relevant case-law and materials, the thesis reveals the main factors influencing on the breadth of the margin of appreciation. The author identifies main findings, critically analyzes them and suggest relevant recommendations.
Dissertation Institution Vilniaus universitetas.
Type Master thesis
Language English
Publication date 2026