A/HRC/46/36
customary international law and sectoral conventions. The mandate holder will continue to
inform States in that regard.
36.
The Special Rapporteur notes that, in multiple judicial decisions, the legal obligations
of States to take reasonable and effective measures to secure the safety, security and right to
life of persons within their jurisdiction and under their effective control, including from
terrorism, have been stressed.111 Those obligations are also outlined in General Assembly
resolution 72/246. The Special Rapporteur also notes that, in the United Nations Global
Counter-Terrorism Strategy and multiple expert reports, the critical importance of observing
human rights while countering terrorism has been stressed. She believes it essential that the
obligations of States to take necessary measures to “prevent or avoid the perpetuation of such
violations” consistent with international law must be the fundamental basis of State
engagement with the effects of terrorism.
37.
She strongly encourages States to be wary of making the mistake of conflating the
economic effects of terrorism with their human rights obligations in respect of promoting
economic, social and cultural rights while countering terrorism. She notes that there is no
legal basis to view the State as the primary “victim” of terrorism through the economic costs
that may be experienced from acts of terrorism. Individuals always remain the relevant rights
holders in the human rights arena, and she underscores the necessity of States not losing sight
of that proposition.
38.
The Special Rapporteur concludes by reminding States that their primary obligation
in respect of the effects of terrorism is defined by their human rights obligations to the victims
of terrorism. That is an issue to which the Special Rapporteur is deeply committed and that
will again be included in her annual briefing to the Council.112
V. Recommendations
A.
States
39.
The Special Rapporteur recommends that States:
(a)
Meaningfully and substantially adopt human rights-compliant and
equality focused gender mainstreaming in counter-terrorism and preventing and
countering violent extremism practice, elevating the rights of, and remedies due to,
women and girls, without discrimination;
(b)
Adequately and consistently incorporate a gender perspective into
counter-terrorism law and policy across all areas, including but not limited to the
definitions of terrorism and extremism offences, the conditions of detention, terrorism
financing, citizenship stripping, sanctions and administrative measures;
(c)
Establish clear and human rights compliant frameworks governing
professional secrecy and other confidential obligations for professionals, including
doctors, social workers and educators, that are drawn into counter-terrorism and
preventing violent extremism regulation;
(d)
Take account of the gender specific needs and rights of women and girls
who are victims of terrorism;
(e)
Address the rule of law and human rights deficits of sanctions and listing
at the national level urgently, as they dictate close scrutiny and oversight by States;
misuse of sanctions and listing processes to target civil society and persons exercising
rights protected by international law through the universal periodic review mechanism,
the treaty bodies and counter-terrorism country assessment processes, including of the
Counter-Terrorism Committee Executive Directorate; and the gendered effects of
listing should be attended to in the context of national action plans for the
111
See www.icj-cij.org/en/case/131; http://hudoc.echr.coe.int/eng?i=001-58257;
http://hudoc.echr.coe.int/eng?i=001-92945; and http://hudoc.echr.coe.int/eng?i=001-172660.
112 See A/HRC/20/14; and A/HRC/16/51 paras. 24–25.
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