Sikkerhet, frihet og rettigheter: den demokratiske rettsstatens krevende balansekunst

What do human rights require of states as they respond to large-scale terrorist attacks such as that of 22 July 2011 in Norway? Is it a human right to be compensated by the state if you are affected by terrorist attacks? And what is the state obliged to do, in order to protect citizens against future attacks? Can one claim that the state failed to uphold human rights prior to 22 July, given the grave findings of the Gjørv Commission’s report, or would that stretch the scope of state responsibility too far? In debates on counterterrorism, human rights are often juxtaposed with national security, where the former are imagined primarily as constraints on the state’s ability to control its population and provide security. This chapter challenges that premise from a philosophical perspective and asks what the post–22 July debate about state responsibility in Norway can tell us about security as a human right, particularly in relation to individual civil liberties. Can such reflection help illuminate, and perhaps correct, the notion that it is ethically acceptable to set aside human rights in order to protect the population against terrorism?