A/HRC/12/22
page 13
rights, which can disproportionately affect women and children. In addition, counter-terrorism
measures often lead to increased militarization and policing, which - like terrorism itself - can
have a broader negative impact on the human rights of women and children. Any sustainable
counter-terrorism strategy should be developed with particular attention paid to economic, social
and cultural rights, including those of women and children.
35. Another aspect of the impact of counter-terrorism measures on economic, social and
cultural rights is where legislation or its application may result in the criminalization of
legitimate social protests, and of national movements for the protection of those rights. This
includes trade unions and human rights defenders, and movements for labour rights, land rights,
women’s rights and indigenous peoples. Special legislation and regulations have been enacted in
several countries to restrict the fundamental freedoms of civil society groups that seek to
peacefully promote economic, social and cultural rights. In several countries, social activists
have been arrested and charged under counter-terrorism legislation for their human rights-based
claims concerning access to water or land. Groups that challenge social exclusion and unequal
power relations by promoting human rights and development are sometimes labelled as
extremists and suffer constraints on their ability to operate.
36. The rights of peaceful assembly and to freedom of association must be seen as a
platform for the exercise, claims and defence of economic, social and cultural rights, as well
as of civil and political rights. They are also often the basis for the work of human rights
defenders, and the creation of civil society and NGOs, including those focusing on economic,
social and cultural rights. As such, these rights are one foundation of a democratic society. Often,
however, limitations imposed on their enjoyment go beyond the scope necessary to counter
terrorism and can be used to limit the rights of, inter alia, trade unions and human rights
defenders.31
37. The social stigmatization of religious, ethnic, or political groups seen as supporting
terrorism creates a culture of fear. This limits the enjoyment of economic, social and cultural
rights of members of those groups. The ensuing discrimination in access to employment or
housing especially impacts on vulnerable groups, such as migrants and minorities, and has a
direct impact on escalating poverty. Where human rights defenders are stigmatized, this
discredits their cause and prevents them from taking it to an international forum or before
international human rights bodies.32
31
32
See A/61/267, paras. 9 and 11.
For more detail, see the summary of discussions of the expert seminar mentioned in
paragraph 5 above, available at http://www.un.org/terrorism/pdfs/wg_protecting_
human_rights.pdf.
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