Proceedings of the 3rd Student Research Symposium of the Faculty of Humanities and Social Sciences (SRSHSS 2023)

The Balance Between Margin of Appreciation and Human Rights Protection

under Prevention of Terrorism Act

Dunuwille, D.C.H.1

Department of Legal Studies, Faculty of Humanities and Social Sciences,

The OpenUniversity of Sri Lanka

Abstract

Justice is a universal aspiration, and the feeling of injustice is a powerful human

emotion. However, injustice is essentially a conflict, and a society without justice as
a governing principle is an unstable society bound together by some form of coercion.
Moreover, Law and justice are subject to different interpretations over time, but no
common standard has changed. That is, the diversity of justice does not always
coincide with the consensus of Law and society. This research is a legal inquiry into
the inextricable link between civil liberties, and their reconciliation with the security
of the State. However, the purpose of the PTA is to ensure national security by
combating terrorism. but historically, for decades, the PTA has been weaponized
against civil liberties. This has resulted in the victimization of members of society.
The paper reiterates that any process which seeks to tackle issues related to the PTA
must address this factor to ensure those adversely affected by the law will receive
justice, including reparations. The research is normative research which is primarily
based on an extensive literature review and also research was carried out using the
black letter approach of research using relevant legislations and judicial decisions as
primary sources and books with critical analysis, journals, theses and electronic
resources as secondary sources. The paper discusses the strengths and weaknesses of
the PTA. There are inconsistencies and loopholes in the Act itself which harm
national security. The paper addresses the shortcomings accordingly, affirming the
need to uphold national security in line with international standards and safeguard
human rights.

Keywords: PTA, Human Rights, National Security

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Corresponding Author: dunuwilledinusha@gmail.com