A/HRC/40/28
I. Introduction
1.
In its resolution 35/34, the Human Rights Council, inter alia, unequivocally
condemned terrorism and stressed the need to promote and protect the rights of victims of
terrorism, in particular women and children. The Council recognized the important roles of
education, combating discrimination, respect for cultural diversity, employment and
inclusion in the prevention of terrorism and violent extremism conducive to terrorism. The
Council called upon States to consider the impact of counter-terrorism strategies on the
human rights of women and children. It reiterated that given their potential status as victims
of terrorism and other violations of international law, all children alleged of, accused of or
recognized as having infringed the law, as well as child victims and witnesses of crimes,
should be treated in a manner consistent with their rights, dignity and needs in accordance
with applicable international law, in particular the Convention on the Rights of the Child.
The Council further urged States to take relevant measures to effectively reintegrate
children formerly associated with armed groups, including terrorist groups. The Council
requested the High Commissioner to present her report in conformity with its annual
programme of work, bearing in mind the content of the resolution. At its thirty-seventh
session, the Human Rights Council adopted resolution 37/27 entitled “Terrorism and
human rights”.
2.
In previous reports to the Council on the protection of human rights while
countering terrorism, the High Commissioner has examined the international human rights
framework; legislative measures taken by States; the right to life, liberty and security of the
person; the prohibition of torture and ill-treatment; accountability and reparations; foreign
fighters; due process and targeted sanctions; the right to a fair trial; the right to privacy;
economic, social and cultural rights; international cooperation; and the rights of victims. 1
The impacts of terrorism and counter-terrorism are not identical for all members of society
and certain vulnerable or marginalized groups benefit from specific protections under
international law. Consistent with resolution 35/34, the present report is focused on children,
considering child victims and witnesses of terrorist acts, children at perceived risk of
recruitment and children associated or suspected of association with terrorist groups. The
precise legal obligations of States may vary according to the circumstances of the child, but
children in all such situations must be considered and treated as victims of terrorism.
3.
The Convention on the Rights of the Child has achieved near-universal ratification.
The Convention makes no provision for derogation in times of conflict or emergency, and
only three of the substantive rights it recognizes may be restricted on the basis of national
security, where such restrictions are necessary, proportionate and prescribed by law (arts.
10, 13 and 15).
4.
The Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict provides that non-State armed groups should not,
under any circumstances, recruit or use in hostilities persons under the age of 18 years and
that States parties shall take all feasible measures to prevent such recruitment and use (art.
4).
5.
Recent decades have seen the rise of terrorist networks with global reach and
sophisticated strategies of international recruitment, which in some cases explicitly target
children. Some of those networks control territories and children account for more than half
of the civilian population of such territories. Those developments have rightly been the
focus of much international attention, but the present report is not limited to such contexts.
Terrorist acts perpetrated outside conflict zones by groups or lone actors, whether
motivated by anti-Muslim sentiments, anti-Semitism, xenophobia, misogyny, or another
hateful ideology or political goal, also have an impact on children.
1
2
A/HRC/34/30; A/HRC/28/28; A/HRC/22/26; A/HRC/16/50; A/HRC/13/36; A/HRC/8/13;
A/HRC/4/88.
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