A/HRC/6/17
page 11
in particular in the fields of education, culture and the media.21 Another monitoring body within
the framework of the Council of Europe that has contributed to the efforts to address the human
rights implications of countering terrorism is the European Commission against Racism and
Intolerance, which considered the impact of counter-terrorism measures in country reports and
released general policy recommendation 8 on combating racism while fighting terrorism
(17 March 2004) and general policy recommendation 11 on combating racism and racial
discrimination in policing (29 June 2007). Both policy recommendations have a feature related
to economic, social and cultural rights as they address issues such as discrimination in the fields
of education, employment and housing, racial or ethnic profiling, and linguistic rights.
IV. IMPACT OF COUNTER-TERRORISM MEASURES ON THE ENJOYMENT
OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
33. The above examples of the attention paid by United Nations and regional human rights
actors to issues pertaining to the promotion and protection of economic, social and cultural rights
illustrate various ways and situations where counter-terrorism measures may have a negative
impact on the enjoyment of some of the human rights in question. A number of economic, social
and cultural rights enshrined in the International Covenant on Economic, Social and Cultural
Rights and other core human rights treaties with a special focus on economic, social and cultural
rights have been found at risk because of counter-terrorism measures, namely the right to work
(arts. 6 and 7); protection and assistance accorded to the family and to children and young
persons (art. 10); the right to an adequate standard of living, including adequate food and
housing (art. 11); the right to health (art. 12); and the right to education (arts. 13 and 14). Many
examples demonstrate how some measures have a concurrent impact on several human rights,
and thus the interdependent nature of civil, political, economic, social and cultural rights.
34. This section provides additional information on that negative impact, primarily with
reference to the Special Rapporteur’s own country-specific work but also on the basis of publicly
available information from other sources. With regard to the latter category of cases in particular,
the Special Rapporteur emphasizes that his intention is to provide illustrative examples of real or
perceived negative impact, not to indicate whether the cases mentioned amount to a violation of
human rights treaty obligations.
A. Construction by Israel of a barrier in the Occupied Palestinian Territory
35. The most illustrative case encountered to date by the Special Rapporteur was during his
mission to Israel in July 2007 (A/HCR/6/17/Add.4), which included visits to the Occupied
Palestinian Territory. During that mission, he made observations at various locations and
consulted a number of governmental and non-governmental actors in Israel and the Occupied
21
Opinion on the Russian Federation, adopted on 13 September 2002
(ACFC/INF/OP/I(2003)005), paras. 57 and 65; opinion on Spain, adopted on 27 November 2003
(ACFC/INF/OP/I(2004)004), para. 53; and second opinion on the Russian Federation, adopted
on 11 May 2006 (ACFC/OP/II(2006)004), para. 136.
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