A/HRC/33/29
of private business responsibilities in the information and communications technology
sector worldwide.
V. Conclusions and recommendations
60.
The impact of violent extremism on human rights cannot be underestimated in
view of the shocking brutality perpetrated on a daily basis. Each State has the duty to
take measures to protect all individuals within its territory and those subject to its
jurisdiction from violence. These measures must be consistent with human rights.
Protecting human rights and ensuring respect for the rule of law contribute to
preventing and countering violent extremism. Responses to violent extremism that
respect and protect human rights are also more effective and sustainable.
61.
Key concepts related to violent extremism should be clearly defined,
particularly when they are likely to trigger measures that may interfere with human
rights. This is of particular concern where domestic legislation creates criminal
offences based on such concepts. There are also risks of human rights violations when
the terms “extremism” or “radicalization” are used to cover non-violent activity.
States should ensure that the focus of their measures is on actual conduct, rather than
mere opinions or beliefs. International human rights law provides a clear framework
for the promotion and protection of human rights. In particular, the right to hold an
opinion and the freedom to have or adopt a religion or belief of one’s choice cannot be
subject to any restrictions.
62.
In cases in which international human rights law permits restrictions, the State
must demonstrate their necessity and only take such measures as are proportionate to
the pursuance of legitimate aims in order to ensure continuous and effective
protection of the concerned rights. Therefore, when adopting measures to prevent or
counter violent extremism that entail restrictions on rights, in particular freedom of
expression and the right to privacy, States must provide clear and evidence-based
justifications for these measures and demonstrate how their perceived benefits
outweigh the harm caused.
63.
Adequately conceptualized and transparent programmes aimed at preventing
and countering violent extremism have the potential to contribute both to enhanced
security and to better protection of human rights. However, there is a clear need for
vigilance in ensuring that measures to prevent and counter violent extremism fully
comply with international human rights law.
64.
Recurring components of programming to prevent and counter violent
extremism include community engagement and empowerment, as well as youth
engagement. Activities undertaken or supported by States to prevent or counter
violent extremism should be gender sensitive, inclusive, tailored to the specific local
context and based on a climate of trust between the State and those under its
jurisdiction. Supporting the resilience of communities to threats of violent extremism
is vital. Any programmes and measures must neither discriminate nor stigmatize
particular groups or communities. Efforts to prevent and counter violent extremism
should neither directly nor indirectly result in racial, religious or other profiling.
65.
Measures to prevent and counter violent extremism online should clearly set
out the legal basis, criteria and guidance on when, how and to what extent online
content is blocked, filtered or removed. States should also review their laws, policies
and practices with regard to surveillance, interception, collection and retention of
personal data in order to ensure full conformity with international human rights law.
If there are any shortcomings, States should repeal, amend or promulgate such laws
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