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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