A/HRC/46/36
promotion of human rights.74 The family can function as an extraordinarily meaningful site
for the realization of individual rights. However, it can also function as a site of exclusion for
particular types of families, a site of gender-based discrimination that places women’s rights
secondary to men’s or a site of violence, secrecy and repression. Historically, for example,
certain rights violations, particularly of those of women and children, such as domestic
violence and violence against women, were seen as outside of the scope of public regulation
and critiqued precisely because of their location within the privacy of the home and the
family.75 That remains true in many places. Still, in diverse contexts, various exclusions and
hierarchies of families based on their perceived structure or origin persist, such as those that
are perceived as male-headed, heterosexual or, in some contexts, Western or secular. That
leaves some families without equal recourse and status under the law and increasingly
vulnerable to State intervention in the name of countering terrorism and produces a range of
stigmas for families that ultimately lead to compounding harms and rights violations. The
implications for the family – both as a unit and for individual family members – are
considerable.
19.
Today, as critiques around gender equality and non-discrimination are rightfully at
the centre of discussions on the matter, the family structure in all of its diversity survives and
evolves. The family, and “home life”, remains a meaningful site of respite within which to
exercise the full scope of individual rights among diverse contexts and communities. It is
within that living and evolving context that the Special Rapporteur aims to construct a
complex picture of the impact of counter-terrorism regulation on families and family life.
20.
As counter-terrorism has expanded its scope, it has insidiously crept into the
regulation of family life, family law and the intersection between families and the State. It is
the result of classic counter-terrorism regulation, where both the family and individual family
members are the target of the State’s attention. The effects are experienced directly, e.g.,
interrogations or counter-terrorism financing prosecutions of relatives of terrorism suspects,
and indirectly, e.g., the effects on relatives of the citizenship revocation or cancellation of the
welfare benefits of sanctioned individuals. In parallel, the “home” increasingly functions as
a new frontier in the war against terrorism, as State counter-terrorism policy puts certain
homes firmly in its counter-terrorism sights, and the shift to preventing and countering violent
extremism has squarely placed the family as a site of regulation, possibility and securitization
on the agenda of States. The cost to families of counter-terrorism has not always been
externally obvious. The reasons are varied. Many national security policies are in areas
routinely characterized by confidentiality, e.g., custody decisions. Many interventions occur
at the local level, involving actors who are atypical national security stakeholders, e.g., youth
workers and social workers, and whose decision-making sites and processes are diffuse,
informal and opaque, making meaningful oversight challenging. 76 Precisely because of the
stigma associated with being identified as an “extremist” or a “terrorist”, or as affiliated or
associated with a terrorist or an extremist, there are extraordinary fears and costs for family
members to make surface the harms they experience directly or indirectly from security
actors and counter-terrorism policies.
21.
The Special Rapporteur is particularly concerned that the very construction of the
family is being shaped and distorted by counter-terrorism law and practice. 77 The effects
implicate human rights beyond the usual scope of analysis regarding national security
policies, requiring attention to States’ obligations, such as those not to interfere with the
family life, to ensure equality of rights within the family and to protect and assist the family, 78
74
See A/HRC/31/37.
Committee on the Elimination of Discrimination against Women, general recommendation No. 19
(1992).
76 A/HRC/43/46, para. 32.
77 Perceptively called “Family law versions of counter-terrorism”. See Clive Walker, “Foreign terrorist
fighters and UK counterterrorism law” in David Anderson, The Terrorism Acts in 2015: Report of the
Independent Reviewer in the Operation of the Terrorism Act 2000 and Part 1 of the Terrorism Act
2006 (United Kingdom, 2016).
78 UN-Women, “A contemporary view of ‘family’ in international human rights law and implications
for the Sustainable Development Goals” (2017).
75
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