The report observed that the United Nations must ensure that the protection of human
rights is conceived as an essential concern. Terrorism often thrives where human
rights are violated, which adds to the need to strengthen action to combat violations of
human rights. Terrorism itself should also be understood as an assault on basic rights.
In all cases, the fight against terrorism must be respectful of international human
rights obligations. The report contained the following four human rights-related
recommendations:
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All relevant parts of the United Nations system should emphasize that key
human rights must always be protected and may never be derogated from. The
independence of the judiciary and the existence of legal remedies are essential
elements for the protection of fundamental human rights in all situations
involving counter-terrorism measures.
The Department of Public Information should be requested, in consultation
with the Office of the UN High Commissioner for Human Rights, to publish a
digest of the core jurisprudence of international and regional human rights
bodies on the protection of human rights in the struggle against terrorism.
Governments and human rights organizations could find such a compilation of
direct use in the development of counter-terrorism policies.
The High Commissioner for Human Rights should convene a consultation of
international, regional and sub-regional organizations and non-governmental
organizations on the protection of human rights in the struggle against
terrorism. Smaller, regional gatherings should also be considered. The Office
of the High Commissioner should also make maximum use of its field
presences and its regional experts, as well as the findings of the human rights
treaty bodies and special rapporteurs.
Together with the High Commissioner for Human Rights, a dialogue should
be maintained with the Counter-Terrorism Committee on the importance of
ensuring respect for human rights in the implementation of legislation, policies
and practices to combat terrorism.
The Digest
This digest is prepared in implementation of the recommendation of the report of the
Policy Working Group on the United Nations and Terrorism mentioned above. It
contains a selection of relevant observations and decisions of international and
regional human rights bodies on issues related to human rights and terrorism.
The digest is divided into three chapters: general observations, states of emergency,
and specific rights. Each section starts with a short introduction, followed by some of
the relevant principles developed by the United Nations system. Illustrative
jurisprudence from regional systems then follows. The cases selected from the
regional systems represent the most recent cases. Citations of previous judgments are
omitted. The digest does not claim to be comprehensive.
The digest is followed by two annexes. The first contains the text of relevant
provisions of international instruments that are mentioned in the digest. The second
contains the full text of General Comment 29 of the UN Human Rights Committee,
because of its high relevance to this discussion.
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