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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