This paper scrutinises convention case law prior to 9/11 in order to outline the ecthr‟s treatment of the margin of appreciation in terrorism cases, then examines the impact of „war on terror‟ rhetoric on the protection of human rights and fundamental freedoms. In addition to enouncing the rights of persons with disabilities, the convention outlines the institutional changes which states have to undertake in order to facilitate its implementation. The protection that a state offers to a foreign person because, in her or his country of nationality or habitual residence, that individual’s human rights are threatened or violated and she or he is unable to obtain due protection there because it is not accessible, available and/or effective.
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