A/HRC/12/22
page 12
32. The special impact of counter-terrorism measures on the economic, social and cultural
rights of women and children is often disregarded. There have been impermissible effects on
women that are often neither acknowledged nor compensated.25 The International Covenant on
Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of
Discrimination against Women require States to ensure that non-discrimination and equality on
the basis of gender and sex are respected in all circumstances. Broad definitions of offences
related to terrorism, such as those that criminalize material support, financing and association
with terrorists, may also directly and indirectly impact women and children.26
33. The impact of counter-terrorism measures on family members has been examined at the
international level by the Working Group on Enforced and Involuntary Disappearances,27 at the
regional level by the European Court of Human Rights28 and by national courts. These instances
have heard a number of cases dealing with serious human rights violations which primarily
impact on the civil and political rights of the targeted individual, and have had an impact on
female family members, who bear the burden of anxiety, harassment, social exclusion and
economic hardship occasioned by the loss of the male breadwinner.29 Similar effects ensue from
the prolonged detention without trial of male family members. The practice of extraordinary
rendition, and forced deportations of male family members has an adverse impact on the
principle of equality in the enjoyment of economic, social and cultural rights, such as the right to
adequate housing, and the right to family life.
34. States have a particular responsibility for guaranteeing that women’s economic, social and
cultural rights are not violated in the context of counter-terrorism.30 In some cases, where women
and children have been deprived of the source of their livelihoods, as a result of measures taken
against husbands and fathers, it has been shown that such counter-terrorism measures can
increase poverty and poverty-related discrimination in fulfilling economic, social and cultural
25
“Cases of arbitrary arrest and detention of farmers at strategic times for agriculture”. See the
United Nations Counter-Terrorism Implementation Task Force, Working Group on Protecting
Human Rights While Countering Terrorism, Expert Seminar on “The Impact of Terrorism and
Counter-terrorism Measures on the Enjoyment of Economic, Social and Cultural Rights”,
para. 27, p. 9 (5-7 November 2008).
26
International Commission of Jurists, Assessing Damage, Urging Action: Report of the
Eminent Jurist Panel on Terrorism, Counter-terrorism and Human Rights, 4 May 2009,
available at http://ejp.icj.org/IMG/EJP-Report.pdf.
27
E/CN.4/1435, paras. 184-187, E/CN.4/1492, paras. 164-171, E/CN.4/1983/14, paras. 130-137.
28
Saadi v. Italy (Application No. 37201/06), 28 February 2008.
29
See, e.g., Amnesty International, Pakistan: Human rights ignored in the “war on terror”
(2006).
30
See Committee on Economic, Social and Cultural Rights, general comment No. 20,
paras. 10, 16 and 17.
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