CIVIL LIBERTIES & AVIATION SECURITY: A CONTRADICTION IN TERMS?

摘要

On the one hand, states have a duty to maintain a high level of security, to adopt measures protecting persons, aircraft, airport facilities and other assets from harm. On the other hand, there are various instruments aimed at protecting human rights, and states are obliged to promote, respect, protect and fulfil them. Balancing or Proportionality Test? A common suggestion is to find a balance between liberty and security values. In other words, we should use the so-called 'trade-off model'. In short, it is not possible to place greater emphasis on one of the values without detracting from the other.