Driven by recent developments, from COVID-19 to the ongoing armed aggression of the Russian Federation against Ukraine, national security is increasingly invoked by state actors across Europe as a justification for exceptional measures. This trend, known as securitisation, often has a negative impact on human rights, democracy and the rule of law. However, fundamental rights and security are interdependent: upholding human rights makes societies more resilient to security threats. Thus, securitisation and its impact have become an important area of work for National Human Rights Institutions (NHRIs) and the broader human rights community. ENNHRI is actively supporting NHRIs to address the human rights implications of these security-driven policies and practices.
Securitisation and Human Rights: An Urgent and Evolving Challenge
Securitisation is the process by which governments or other stakeholders frame issues like migration, protests, or health emergencies as security threats. This legitimises extraordinary responses, including laws and policies, that can bypass democratic procedures or weaken human rights protection. Such measures risk becoming permanent, embedding exceptional powers into everyday governance, while further undermining transparency and accountability.
Beyond these, securitisation can have other serious implications. It can lead to restrictions on freedom of expression, movement, and peaceful assembly, weaken judicial oversight, and disproportionately impact vulnerable groups.
While some human rights instruments, including the European Convention on Human Rights, allow for grounds of national security, public order, and moral considerations to lead to restrictions on human rights and freedoms, those should only be allowed if:
- They are prescribed by law;
- They adhere to the principles of necessity and proportionality;Â
- They are time-bound and not indefinite; and
- They are subject to robust democratic scrutiny. Â
Tackling Securitisation - The Need For a Human Rights-Based Approach
Respect for human rights and the promotion of security are not mutually exclusive. In fact, upholding human rights can reinforce long-term security and stability. In order to address the potentially negative impacts of securitisation, a human rights-based approach is essential. Human rights impact assessments, which form an integral part of this, help anticipate and mitigate potential negative effects of security measures on human rights.
Such an approach also emphasises fostering meaningful participation and engagement of diverse actors in policy-making processes, especially during crises. NHRIs and civil society should be among those involved. This ensures that security policies are developed with full consideration of their human rights implications and benefit from broader societal input and oversight.
The Role of NHRIs in Addressing Securitisation
NHRIs are uniquely positioned to uphold human rights in the face of securitisation. As independent state bodies with a broad mandate to protect and promote human rights, they can address its impacts in diverse ways. Â
NHRIs can advise on the human rights implications of security-related laws, policies, and reforms of institutions. This includes counter-terrorism legislation, national security frameworks, emergency measures, migration governance, and surveillance practices. They assess whether proposed or existing measures meet the principles of legality, necessity, and proportionality, and advocate for safeguards to prevent misuse. NHRIs contribute to national legislative processes by submitting opinions, reviewing draft laws, and contributing to policy consultations. Their guidance helps ensure that security responses uphold democratic values and do not restrict rights beyond what is justifiable. Â
Some NHRIs handle complaints from individuals or groups whose rights have been restricted due to securitisation measures. These can include mass surveillance, arbitrary detention, or excessive use of force. They investigate allegations of human rights violations and assess if authorities have complied with legal obligations. Where national procedures allow, NHRIs may engage in strategic litigation or act as third-party interveners to promote human rights compliance of security laws and practices. Their legal expertise also contributes to public accountability and helps shape jurisprudence that balances security concerns with human rights.Â
NHRIs systematically monitor the impact of securitisation across a range of contexts. Among these are public health emergencies, armed conflicts, migration governance, and the use of new technologies. They collect data, produce public reports, and analyse how security-driven policies affect different groups, particularly those in vulnerable situations. In post-conflict and crisis settings, NHRIs also monitor compliance with international humanitarian law. This work feeds into national and regional reporting, including ENNHRI’s rule of law report in wider Europe. In 2024, it included a dedicated focus on securitisation. Through these, NHRIs contributed evidence-based insights into the state of human rights and the rule of law under security pressure.Â
NHRIs use their promotional mandate to build awareness about the human rights implications of securitisation. Through education and outreach, they help foster a culture of rights-respecting governance, while promoting narratives that recognise the interconnected nature of human rights and security and the positive societal role played by groups stigmatised in securitisation discourse. In doing so, they support informed public debate. Specific activities include training public officials, organising dialogues with civil society and communities, and developing user-friendly resources on rights-based approaches to security. These and other activities are particularly important in supporting civic space and maintaining trust in democratic institutions during times of heightened security discourse.Â
The role of ENNHRI
ENNHRI plays a central role in supporting NHRIs’ responses to securitisation across Europe.
ENNHRI supports NHRIs in addressing securitisation-related challenges through both capacity building and knowledge exchange. One example is the NHRI Academy 2024. Held in cooperation with the OSCE/ODIHR, this brought together 24 ENNHRI members for a week-long programme focused on responding to restrictions on civic space, national security legislation, and the evolving role of technology and law enforcement.Â
In parallel, ENNHRI serves as a platform for peer exchange and knowledge sharing, promoting good practices, and developing key resources. Among the materials developed are a scoping paper on NHRIs in armed conflict and thematic guidance materials.Â
To inform this work, ENNHRI gathers input from its members, most notably through its rule of law reporting in 2024. This ongoing process strengthens the ability of NHRIs to engage with securitisation in a principled, rights-based manner. Â
ENNHRI amplifies NHRIs’ voices in regional and international forums, working with bodies like the United Nations, European Union, and Council of Europe to put human rights at the heart of security and crisis policies. Â
For instance, it responded to the European Commission consultation on the European Internal Security Strategy. It also contributed to the Council of Europe’s Toolkit on Human Rights Impact Assessment (HRIA) of measures taken by the state in situations of crisis. Additionally, it fed into the recently adopted Recommendation CM/Rec(2024)7 and the Draft Explanatory Memorandum to it on protecting human rights in crisis situations, which reinforces the importance of safeguards and NHRI oversight during emergencies.Â
Supporting NHRIs in Armed Conflict and Post-Conflict Contexts
In contexts of armed conflict and post-conflict transition, NHRIs play a vital role in upholding international human rights law (IHRL) and international humanitarian law (IHL). Securitisation and militarisation in these settings often lead to serious human rights violations, to which NHRIs respond in numerous ways. They monitor and report on compliance with IHRL and IHL; investigate abuses; advise authorities; support displaced populations; and contribute to transitional justice and peacebuilding. By anchoring peace processes in impartial, rights-based frameworks, NHRIs contribute to post-conflict recovery and ensuring that security responses remain aligned with human rights standards, even in the most complex circumstances. Â
Despite their crucial role, NHRIs may face significant constraints in conflict or crisis contexts. These often include practical limitations in exercising their mandate, particularly when access to certain areas is restricted on national security grounds or when specific issues fall outside their formal competence. Further challenges can include resource shortages, staff safety risks, and political pressure, all of which can impact their ability to operate effectively.Â
ENNHRI supports its members facing such challenging circumstances through tailored initiatives. These include an online guide and resources on NHRIs’ role in (post-)conflict situations, a scoping paper on NHRIs in armed conflicts, and an in-person consultation in 2024. These efforts have highlighted the need for peer learning, emergency protocols, disinformation response strategies, and stronger engagement with regional and international partners.Â
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For more information, contact:
Edyta Tuta-Lorenz
Senior Human Rights Officer
