The Relationship between Anti-Corruption Measures and the Protection of Human Rights
Prof. Nadia Cherairia
Professor of Public International Law
Faculty of Law and Political Science
Baji Mokhtar University, Annaba, Algeria
Abstract:
The effects of corruption affect all human rights, civil, political, economic, social and cultural, as well as the right to development; Therefore, there is an urgent need to combat corruption in all its forms. The role of anti-corruption measures in protecting human rights and creating an environment conducive to the exercise and promotion of those rights is evident. However, combating corruption may involve restricting citizens’ rights and fundamental freedoms, within what is known as potential tensions between anti-corruption measures and human rights protection, and the problem of balancing individual rights on the one hand, and the public interest on the other. Therefore, this study poses a problem related to determining the nature of the relationship between anti-corruption measures and the protection of human rights.
The study also deals – according to a descriptive and analytical approach – the relationship between anti-corruption measures and the protection of human rights, based on the interdependence between both, in terms of principles, objectives and even mechanisms, then the type and margin of rights that may be enjoyed by individuals while combating corruption, up to the abuses. Registered for human rights anti-corruption measures.
The study led to the conclusion that there is no conflict or incompatibility between anti-corruption measures and human rights protection, and that the relationship between them is basically complementary. Although international law has carefully regulated the issue of controls for derogating from human rights, it is recorded that there is a need for more detailed guidelines on how to protect human rights when combating corruption.
Keywords: fighting corruption, citizens’ rights, basic freedoms, national security, and the public interest.