for humanitarian action and humanitarian needs. This underscores the importance of
greater clarity in FTF-related legislation and practice with regards to humanitarian assistance. Failure to provide such clarity could have negative consequences on human rights
protection and, ultimately, on counter-terrorism efforts. States should therefore ensure
that careful, narrowly constructed but effective exceptions are carved out to ensure that
those engaged in genuine human rights and humanitarian work are not unduly restricted
in that work, but are protected in accordance with the obligations of states under international human rights and humanitarian law.
3.2 General Recommendations on the Application of the Human Rights
Framework
Recommendations
OSCE participating States should ensure that national laws, policies and practices
aimed at countering FTF threats are implemented in full compliance with international law, including international human rights and humanitarian law standards.
In particular, they should:
• Enhance their understanding of the manifestations of FTF-activity, its drivers,
causes and contributors, including the specific factors conducive to participation of women and girls; and develop targeted, effective and evidence-based
responses in line with their obligation to prevent and counter potential threats
posed by FTFs;
• Adopt and implement a comprehensive and holistic approach to prevention, prosecution, rehabilitation and reintegration; and recalibrate the balance between
suppressive approaches, less coercive alternatives and preventive ones, favouring the latter when possible;
• Recognize and protect the full range of human rights – including civil, political,
economic, social and cultural rights – that may be affected by FTF responses, with
attention to direct and indirect impact;
• Apply FTF-related laws and policies in accordance with fundamental human rights
principles and safeguards, including the principles of legality, necessity, proportionality, and equality and non-discrimination;
• Take into account context, case specificity and the nature of the rights at stake
to ensure that FTF-related measures and policies are applied in an individualized
and targeted way and do not result in blanket limitations that unduly restrict
human rights;
• Ensure that FTF measures do not, in any circumstances, lead to infringements on
absolute rights, and that fundamental rule of law safeguards are respected; and
• Guarantee access to effective remedies and, where appropriate, adequate reparation for those whose rights may be affected by FTF-related laws and policies.
28
Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents