Chapter 8
How rights work: specific issues for counter-terrorism strategies
80
Equality before the law and protection from discrimination in international human rights law 80
Why principles of equality and non-discrimination are essential to international human
rights law and to combating terrorism effectively
82
How is non-discrimination protected by international human rights law?
82
Different approaches to protecting against discrimination
83
83
84
84
85
Minority rights
Human rights within a state of emergency
Derogations are a temporary measure
Certain rights are non-derogable
Reviewing the extent of non-derogable rights: HRC General Comment 29
International criminal law
Accountability of states for actions of non-state actors
85
87
87
88
89
91
92
Part II: Specific human rights in countering terrorism
Chapter 9
The right to life
Use of lethal force by law enforcement and in armed conflict
Positive obligations to safeguard life
Independent scrutiny of loss of life
Obligation to investigate deaths
Disappearances
Extra-judicial executions
Procedural safeguards required for an effective investigation
Absolute necessity and the permitted exceptions to the right to life
“In defence of any person from unlawful violence”
“In order to effect a lawful arrest or to prevent the escape of
a person lawfully detained”
“In action lawfully taken for the purpose of quelling a riot or insurrection”
82
Is protection against direct discrimination enough?
Protecting against indirect discrimination
Racial profiling as indirect discrimination
Using positive action to tackle entrenched discrimination
Inter-sectionality or multiple discrimination
Considerations prior to the use of lethal force
The right to life and armed conflict
Other issues arising out of the right to life
Amnesty and impunity
Witnesses and collaborators of justice
The death penalty and the right to life
The position under the ECHR
Removal, deportation and extradition
Countering Terrorism, Protecting Human Rights
95
98
99
100
102
103
103
105
106
107
107
107
108
109
109
110
110
111
111
113
113
7