A/HRC/12/22
page 17
IV. OBLIGATIONS AND ACCOUNTABILITY RELATING
TO ECONOMIC, SOCIAL AND CULTURAL RIGHTS
47. Human rights treaty bodies are uniquely placed to monitor the implementation by States of
counter-terrorism measures and their compliance with international human rights law, in
particular the Committee on Economic, Social and Cultural Rights, the Committee on the
Elimination of Racial Discrimination, the Committee on the Elimination of Discrimination
against Women and the Human Rights Committee. The Committee on Economic, Social and
Cultural Rights has examined both the impact of counter-terrorism measures in the context of
economic, social and cultural rights45 as well as the impact of terrorism on them.46 The Human
Rights Committee has also looked at the impact of individual sanctions on the economic, social
and cultural rights of those organizations and institutions on the United Nations Sanctions
Committee list or those benefiting from their services.47 Challenges for such human rights
monitoring include the fact that many States parties do not report to the treaty bodies on time and
some do not report at all. This may result in a lack of scrutiny of counter-terrorism measures
with potential adverse consequences on economic, social and cultural rights.
48. Special procedures mandate holders examine the human rights implications of
counter-terrorism measures. Through their country missions, thematic research, reports and
communications, mandate holders can contribute to the protection of economic, social and
cultural rights in this context.48
49. At the national level, the preventive role and monitoring function of the national human
rights mechanisms of the judiciary, national human rights institutions, civil rights groups and
human rights organizations should be emphasized, as well as the role of the legislature in
drafting and enacting relevant legislation and in deciding on budget allocations to economic,
social and cultural rights, while taking security concerns fully into account. Other universal and
regional human rights mechanisms for monitoring economic, social and cultural rights in the
context of countering terrorism are also important. These include the newly established
Universal Periodic Review mechanism of the Human Rights Council, which brings to light the
impact of counter-terrorism measures on economic, social and cultural rights, the African Court
on Human and Peoples’ Rights and the African Peer Review Mechanism, the Inter-American
Commission on Human Rights, the European Court of Human Rights and the European
Committee of Social Rights.
45
E/C.12/1/Add.105, para. 14
46
E/C.12/1/Add.71, para. 8.
47
Communication No. 1472/2006, Sayadi and Vinck v. Belgium, CCPR/C/94/D/1472/2006,
Views adopted on 22 October 2008.
48
See for example A/HRC/6/17, E/C.12/1/Add.105, paras. 14 and 35, E/CN.4/2004/80/Add.3
and E/CN.4/2004/80.
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