A/HRC/46/36 practice for addressing the specific needs of women and girls as victims. Better understanding from studies conducted in conflict and trauma settings confirms that women who are victims of terrorism experience and manifest trauma differently from men and have different social, psychological and material needs.106 Reparations for women who are victims of terrorism must address the underlying gender inequities that frequently place women in a less advantageous position to recover from harm or to be fairly treated in the context of law and administrative processes. In many societies, gender stereotypes lead to assumptions about the capacity and responsibility of women and there is a failure to acknowledge the gender burdens of care carried by women who are terrorism victims. Moreover, women may not have the legal right in some countries to acquire access to funds and/or care independently from the men with whom they are connected, undermining their individual rights to remedy and to be treated without discrimination. Women who are victims of terrorism have specific reproductive and maternal needs that can only be addressed by including a comprehensive approach to reproductive rights and sexual health for women who are victims of terrorism in legal provisions and social entitlements. IV. Effect of terrorism on the promotion and protection of human rights 32. The Special Rapporteur was invited by the Human Rights Council, in its resolution 42/18, to reflect on the negative effects of terrorism.107 Her preliminary reflections address questions of legal precision, the nature of the legal obligations engaged by addressing the actions of non-State actors that might be implied from discourse on the effects of terrorism and the legal obligations of States with respect to the rights of victims of terrorism. 33. The Special Rapporteur is of the view that overall reflection on the enjoyment of economic, social and cultural rights in the terrorism and counter-terrorism arenas has been understated. She recalls the Vienna Declaration and Programme of Action, including its recognition of the indivisibility of all human rights, the important work that has been undertaken by the Committee on Economic, Social and Cultural Rights in underscoring the nature of the positive obligations owed by States to ensure the enjoyment of economic, social and cultural rights to individual rights holders108 and the variety of tools now available to effectively measure the implementation of State obligations in that context. 34. The Special Rapporteur views the departure point of addressing the regulation of terrorism as the multiple terrorism suppression conventions, agreed by States, providing solid, agreed and irrefutable definitions of acts of terrorism.109 They are supplemented by Security Council resolution 1566 (2004), which provides an overarching definition of terrorism shaping the Security Council’s regulation in that arena. 110 She notes that those obligations are directed at States, and precisely not at non-State actors, a matter on which she believes there is strong State consensus. In that regard, she encourages States to maintain that consensus in the context of addressing the effects of terrorism, placing a sustained focus on their clear and precise obligations. She exhorts States to avoid the pitfalls of undermining human rights standards and practice by indeterminacy in defining who may be the subject of legal obligation in this arena. She also strongly advises States to avoid blurring the lines between terrorism-related regulation and international humanitarian law. 35. The Special Rapporteur is particularly aware that, as a descriptive matter, the effects of terrorism speak to a wide range of harms that are experienced in society as a result of acts of terrorism. While recognizing the pull to rhetorical and emotive language on the challenges of terrorism, she encourages the Human Rights Council to remain firmly focused on the specific legal obligations that follow for States from the International Bill of Human Rights, Herbert E. Ainamani and others, “Gender differences in response to war-related trauma and posttraumatic stress disorder – a study among the Congolese refugees in Uganda”, BMC Psychiatry. 107 A/HRC/40/52, para. 29. 108 See E/1991/23, annex III. 109 See, e.g., the Convention for the Suppression of Unlawful Seizure of Aircraft. 110 A/HRC/16/51, paras. 26–28. 106 16

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