A/HRC/6/17 page 7 18. In 2006, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance expressed concern that Islam and Muslim religious observance continued in various parts of the world to be erroneously identified with terrorism (E/CN.4/2006/17, paras. 2 and 23). 19. In his 2006 report (E/CN.4/2006/78, para. 44), the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people expressed his concern at the fact that, in some countries, the State had sometimes confronted social struggles, claims and protest of the indigenous organizations with the implementation of terrorist law. He urged that those laws should not be used to criminalize social protest and the struggles of indigenous peoples. 20. The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living reported of cases of evictions and demolition as a form of punishment of residents who allegedly supported terrorist groups (E/CN.4/2004/48, para. 37). 21. In her report on her mission to the Russian Federation (E/CN.4/2006/61/Add. 2, paras. 70-80) the Special Rapporteur on violence against women, its causes and consequences, addressed the economic, social and cultural rights of Chechnyan women in the context of military operations described by the Government as counter-terrorism measures. 2. Other entities in the United Nations system 22. In its advisory opinion of July 2004, the International Court of Justice concluded that Israel was in breach of its obligations under the International Covenant on Economic, Social and Cultural Rights due to the construction of a wall along and partly inside the Occupied Palestinian Territory, described by Israel as a counter-terrorism measure.3 The Court found the International Covenant of Economic, Social and Cultural Rights applicable in relation to the conduct of Israel in the Occupied Palestinian Territory and identified a number of economic, social and cultural rights enshrined in the Covenant and affected by the construction of the wall, 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, clothing and housing, and the right “to be free from hunger” (art. 11); the right to health (art. 12); and the right to education (arts. 13 and 14).4 23. The Court concluded that the restrictions on the enjoyment by the Palestinians living in the territory occupied by Israel of their economic, social and cultural rights, resulting from the construction of the wall by Israel failed to meet a condition laid down by article 4 of the Covenant, that their implementation must be “solely for the purpose of promoting the general welfare in a democratic society”. According to the Court, the wall, along the route chosen, and its associated regime were a grave infringement of a number of rights of the Palestinians residing in the territory occupied by Israel, and the infringements resulting from that route could not be 3 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories, Advisory Opinion, I.C.J. 2004 Reports, 136, para. 116. 4 Ibid., paras. 112, 130 and 134.

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