A/HRC/46/36
relationships between women and men and in the distribution of power and rights favouring
men and disadvantaging women.12 She further affirms the elaboration on that definition relied
upon by the United Nations Entity for Gender Equality and the Empowerment of Women
(UN-Women), which notes that such attributes, opportunities and relationships are socially
constructed and are learned through socialization processes. 13 While the present report
primarily addresses the experiences of women and girls, she notes that men and boys also
experience gender stereotyping and that masculinities and femininities also shape roles,
expectations and harms in this arena. She underscores the social construction of gender
binaries and that they do not fully encompass the ways in which sexual minorities and lesbian,
gay, bisexual, transgender, queer and intersex persons experience the impact of counterterrorism and countering (violent) extremism law and practice. She also reflects on the impact
of those policies and practices for lesbian, gay, bisexual, transgender, queer and intersex
persons. An intersectional approach to reflecting the experiences of counter-terrorism
measures demonstrates how experiences of discrimination and human rights abuses intersect
and are compounded as determined by other social identities, including race, ethnicity,
religion, ability, age and sexuality, and beyond.
4.
The Special Rapporteur is particularly concerned that women and girls bear heavy and
unseen burdens resulting from both the direct and indirect impacts of counter-terrorism law
and practice. She notes that, in the absence of a globally agreed definition of terrorism, many
States have adopted national legislation concerning terrorism that is frequently at odds with
the principle of legal certainty. 14 Many countries criminalize acts which are protected by
international human rights law, including freedom of expression, privacy, peaceful assembly
and religious belief and expression, the right to a fair trial, the right to leave and return to
one’s country and the right to family life. The counter-terrorism arena is often mistakenly
viewed as gender-neutral, both in its practices and consequences. The Special Rapporteur
underscores that that view is mistaken. She stresses that counter-terrorism law and policy,
particularly in formal and elite settings, national and international, occur in spaces which are
dominated by male actors and informed by gendered stereotypes.
5.
The implementation of counter-terrorism and preventing and countering violent
extremism law, policy and practice is equally gendered. Women have historically struggled
to have due and adequate representation in the security sector that dominates counterterrorism enforcement, including among the police, the military, prison personnel and the
intelligence services.15 Nationally, elite security spaces remain dominated by affluent men
lacking ethnic, religious and cultural diversity. While some progress is demonstrated in
ensuring greater access for women to security sector careers through gender parity strategies,
senior and decision-making roles in those arenas remain overwhelmingly closed and
inaccessible to women. The North Atlantic Treaty Organization provides one positive
example of increased attention to gendered approaches and organizational oversight, through
its adoption in 2018 of a revised women, peace and security policy to increase the
representation of women at all levels in civilian and military positions. 16 In 2018, France
adopted a gender equality strategy that promotes the increased participation of women in
12
Committee on the Elimination of Discrimination against Women, General recommendation No. 28
(2010); E/CN.4/1996/105, para. 13; and Working Group on discrimination against women and girls,
“Gender equality and gender backlash”, position paper.
13 Office of the Special Adviser on Gender Issues and Advancement of Women, “Gender
mainstreaming: strategy for promoting gender equality” (2002), as reaffirmed in United Nations
Entity for Gender Equality and the Empowerment of Women (UN-Women), “Gender mainstreaming:
a global strategy for achieving gender equality and the empowerment of women and girls” (2020).
14 See, e.g., Organization for Security and Cooperation in Europe (OSCE) Office for Democratic
Institutions and Human Rights, “Note on the Shanghai Convention on Combating Terrorism,
Separatism and Extremism”, sections 3.1–3.3 (2020).
15 Micah Zenko and Amelia Mae Wolf, “Leaning from behind”, Foreign Policy, 24 September 2015;
and J. Ann Tickner, Gender in International Relations: Feminist Perspectives on Achieving Global
Security (Columbia University Press, 1993).
16 North Atlantic Treaty Organization (NATO), “Women, peace and transforming security, visions of
the future of women, peace and security for NATO” (2018).
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