A/HRC/12/22
page 19
V. CONCLUSIONS AND RECOMMENDATIONS
54. Terrorism has a serious impact on all human rights, including economic, social and
cultural rights. Counter-terrorism measures must be adopted in compliance with the
obligations of States under international human rights law, humanitarian law and refugee
law. These measures must be adequate, proportionate, reasonable, non-discriminatory,
non-arbitrary, effective and justified, and they must not overly affect the enjoyment of
human rights, particularly of groups most vulnerable to human rights violations, such as
indigenous people, minorities, migrants, women and children.
55. When adopting exceptional counter-terrorism measures, including measures in the
framework of states of emergency, in particular long-standing ones, States must pay
particular attention to their impact on human rights, in particular economic, social and
cultural rights. These can have a particularly damaging effect on vulnerable communities,
including the potential risk of leading to radicalization.
56. States are encouraged to become parties to the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights once it is open for signature, and to
develop national mechanisms to address the issue of remedies and reparations for victims
of violations of economic, social and cultural rights.
57. In developing counter-terrorism legislation, policies and measures, States should
examine their impact on economic, social and cultural rights in order to ensure that all the
requirements relating to their protection are respected. Particular attention should be paid
to allocating sufficient resources to economic, social and cultural rights.
58. The United Nations human rights system continues to address the question of the
protection of human rights and fundamental freedoms while countering terrorism with a
view to assisting Member States to abide by their international human rights obligations
while effectively combating terrorism. My Office will continue to examine the question of
the protection of economic, social and cultural rights while countering terrorism and to
make general recommendations about the obligations of States in this regard.
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