Speaking Rights to Power or Governing Through Rights? Making Rights Matter in the Security Field

Human rights are commonly regarded as the antidote to criminalization and securitization. Yet, since 9/11, at both the national and international levels, human rights law has largely accommodated the security-oriented changes deemed necessary to combat terrorism. In this chapter, I draw on two case studies to argue that how human rights are being institutionalized has affected the operation of power: we are being governed through rights (Golder B, Social & Legal Studies 20:283–312, 2011) in ways consistent with conditions of authoritarian liberalism (Dean 2007). Based on this analysis, the final part of the chapter discusses the process of reform and revival of rights in the field of security, particularly in an age of ‘security populism’ (Lazarus L, Goold B (eds) (2019) Security and human rights (2nd ed.). Hart Publishing, Portland, OR, pp 1–26). This includes discussion of a future criminological research agenda incorporating empirical research into human rights discourse and claims-making.