Protection of Human Rights and Fundamental Freedoms While Countering Terrorism Essay
Protection of Human Rights and Fundamental Freedoms While Countering Terrorism
1. Reaffirms that States must ensure any measure taken to combat terrorism, complies with their obligations under international law, in particular international human rights, refugee and humanitarian law not limited to, A. Torture, punishment and any other methods in which the condition of prisoners is worsened, B. Abuse of women and the use of child soldiers in order to create more man power; 2. Expresses serious concern at the occurrence of violations of human rights and fundamental freedoms, as well as of international refugee and humanitarian law, committed in the context of countering terrorism.
3. Also reaffirms the obligation of States, in accordance with article 4 of the International Covenant on Civil and Political Rights to C. Respect certain rights as non-derogatory in any circumstances, recalls, in regard to all other Covenant rights, D. That any measures derogating from the provisions of the Covenant must be in accordance with that article in all cases, E. Underlines the exceptional and temporary nature of any such derogations, and in this regard calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism; 4. Urges States, while countering terrorism:
F. To fully comply with their obligations under international law, i. In particular international human rights, refugee and humanitarian law, ii. With regard to the absolute prohibition of torture and cruelty, inhumane or degrading treatment or punishment; G. To take all steps necessary to ensure that persons deprived of liberty, regardless of the place of arrest or detention, benefit from the guarantees to which they are entitled under international law, including the review of the detention and other fundamental judicial guarantees;
H. To treat all prisoners in all places of detention in accordance with international law, including international human rights and humanitarian law; I. To protect all human rights, including economic, social and cultural rights, bearing in mind that certain counter-terrorism measures may have an impact on the benefits of these rights; J. To ensure that laws criminalizing acts of terrorism are accessible, formulated with precision, non-discriminatory, non-retroactive and in accordance with international law, including human rights law; K. To shape, review and implement of all counter-terrorism measures in accordance with the principles of gender equality and non-discrimination;
5. Welcomes the entry into force of the International Convention for the Protection of All Persons from Enforced Disappearance, L. The implementation of which will make a significant contribution in support of the rule of law in countering terrorism, M. Including by prohibiting places of secret detention, N. Encourages all States that have not yet done so to consider signing, ratifying or acceding to the Convention; 6. Calls upon the United Nations entities involved in supporting counter-terrorism efforts to continue to facilitate the promotion and protection of human rights and fundamental freedoms, as well as due process and the rule of law, while countering terrorism;
7. Urges States, while ensuring full compliance with their international obligations, to ensure the rule of law and to include adequate human rights guarantees in their national procedures for the listing of individuals and entities with a view to combating terrorism; 8. Calls upon States and other relevant actors, as appropriate, to continue to implement the United Nations Global Counter-Terrorism Strategy, which, inter alia, reaffirms respect for human rights for all and the rule of law as the fundamental basis of the fight against terrorism;
9. Calls upon international, regional and sub-regional organizations to strengthen information-sharing, coordination and cooperation in promoting the protection of human rights, fundamental freedoms and the rule of law while countering terrorism; 10. Urges relevant United Nations bodies and entities and international, regional and sub-regional organizations, including the United Nations Office on Drugs and Crime, within its mandate related to the prevention and suppression of terrorism, to step up their efforts to provide, upon request, technical assistance for building the capacity of Member States in the development and implementation of programs of assistance and support for victims of terrorism in accordance with relevant national legislation;
11. Encourages relevant United Nations bodies and entities and international, regional and sub-regional organizations, O. In particular those participating in the Counter-Terrorism Implementation Task Force, which provide technical assistance, upon request, consistent with their mandates, related to the prevention and suppression of terrorism, P. To step up their efforts to ensure respect for international human rights, refugee and humanitarian law, as well as the rule of law, as an element of technical assistance, including the adoption and implementation of legislative and other measures by States; 12. Hopes to be actively engaged in this matter.
University/College: University of Chicago
Type of paper: Thesis/Dissertation Chapter
Date: 12 September 2016
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