A/HRC/34/30
I. Introduction
1.
In its resolution 31/30, the Human Rights Council, inter alia, strongly condemned all
terrorist acts as criminal and unjustifiable, and expressed concern at their detrimental
effects on the enjoyment of human rights, including the right to life, liberty and security of
person, as stipulated in article 3 of the Universal Declaration of Human Rights. In the same
resolution, the Council reaffirmed that civil, political, economic, social and cultural rights
were universal, indivisible, interdependent and interrelated, as enshrined in the Universal
Declaration of Human Rights, the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social and Cultural Rights. The Council also
reaffirmed the primary responsibility of States in preventing and countering terrorism in all
its forms and manifestations in the territory under their jurisdiction, in full compliance with
their international law obligations. The Council urged States, while countering terrorism, to
respect and protect all human rights, bearing in mind that certain counter-terrorism
measures may have an impact on the enjoyment of those rights.
2.
In resolution 31/30, the Council requested the United Nations High Commissioner
for Human Rights to submit to it, at its thirty-fourth session, a report on the negative effects
of terrorism on the enjoyment of all human rights and fundamental freedoms, particularly
the right to life, liberty and security of person, while paying particular attention to best
practices and major challenges in this regard.
3.
For the present report, the Office of the United Nations High Commissioner for
Human Rights (OHCHR) sought inputs from Member States, through their Permanent
Missions in Geneva and New York; international and regional organizations; national
human rights institutions; and non-governmental organizations, through notes verbales sent
on 25 July 2016. Contributions were received from 15 Member States, 8 national human
rights institutions, 2 international and/or regional organizations and 15 non-governmental
organizations. A dedicated web page1 has been created in order to make the contributions
available for public consultation. The report was also informed by the work of relevant
United Nations treaty bodies and special procedure mandates, international and regional
human rights mechanisms and OHCHR, bearing in mind the specific reference to these
entities by the Council in paragraph 16 of resolution 31/30.
II. International human rights framework
4.
International human rights law requires States to protect human rights with due
diligence, which entails the obligation to prevent and sanction harm, including deprivation
of life, caused not only by their own agents but also by acts of private persons or entities. 2
Referring to the positive obligations of States parties to ensure rights under the International
Covenant on Civil and Political Rights, the Human Rights Committee specified that these
obligations “will only be fully discharged if individuals are protected by the State, not just
against violations of Covenant rights by its agents, but also against acts committed by
private persons or entities that would impair the enjoyment of Covenant rights in so far as
they are amenable to application between private persons or entities”. 3 For example, the
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2
www.ohchr.org/EN/Issues/RuleOfLaw/Pages/Terrorism.aspx.
See European Court of Human Rights, Osman v. the United Kingdom (87/1997/871/1083), judgment
of 28 October 1998, para. 116.
See Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal
obligations imposed on States parties to the Covenant, para. 8.
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