A/HRC/6/17
page 6
States of their obligations to uphold human rights and fundamental freedoms, also in the
aftermath of the tragic events of 11 September. They expressed their concern that the fight
against terrorism must not result in violations of the enjoyment of any human rights - civil,
cultural, economic, political or social - as guaranteed under international law.
14. Within the treaty-based system, the treaty bodies which monitor the implementation of
international human rights treaties focus on different human rights. For the purposes of the
present report, the evolving practice under the International Covenant on Social, Economic and
Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women and the
Convention on the Rights of the Child emerge as the most useful sources because they focus on
economic, social and cultural rights. The other treaty bodies, such as the Human Rights
Committee or the Committee against Torture, generally focus on civil and political rights and
therefore their practice is not addressed in the present report. The Special Rapporteur is,
however, aware of the commendable contribution the Human Rights Council and the Committee
against Torture have made on a regular basis in promoting State compliance with human rights
while countering terrorism. On occasion, their concerns have also related to economic, social and
cultural rights.1
15. The Committee on the Elimination of Racial Discrimination released a statement on racial
discrimination and measures to combat terrorism, adopted at its sixtieth session in March 2002,2
in which the Committee called upon States and international organizations to ensure that
measures taken in the struggle against terrorism did not discriminate in purpose or effect on
grounds of race, colour, descent, or national or ethnic origin.
16. The Committee on the Rights of the Child, while considering reports pursuant to the
Optional Protocol on the involvement of children in armed conflicts, has so far made no
reference to the fight against terrorism or the recruitment of children by terrorist groups. The
Committee has encouraged States parties to include the Optional Protocol in school curricula and
welcomes information on measures of recovery and social reintegration for refugee children or
child soldiers. Furthermore, the Committee has encouraged States parties to strengthen the
protection for asylum-seeking, refugee and migrant children who may have been recruited in to,
or experienced, hostilities in their country of origin.
17. In her 2002 report (E/CN.4/2002/60, paras. 64-69), the Special Rapporteur on the right to
education drew the attention of States to the fact that many resources that could have been used
for education were spent on security, which was in her view a negative approach and would not
sustain peaceful communities in the long term.
1
See, for example, the concluding observations of the Human Rights Council on Israel in the
Official Records of the General Assembly, Fifty-eighth session, Supplement No. 40 (A/58/40),
para. 85 (16).
2
Ibid., Fifty-eighth session, Supplement No. 18 (A/57/18), chap. XI, sect. C.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents