A/RES/72/180
Protection of human rights and fundamental freedoms while countering terrorism
(f) To respect the right of persons to equality before the law, courts and
tribunals and to a fair trial as provided for in international law, including international
human rights law, such as the International Covenant on Civil and Political Rights,
and international humanitarian law and international refugee law;
(g) To safeguard the work of civil society by ensuring that counter-terrorism
laws and measures are consistent with and are applied in a manner that fully respects
human rights, particularly the rights to freedom of expression, peaceful assembly and
association;
(h) To acknowledge that the active participation of civil society can reinforce
ongoing governmental efforts to protect human rights and fundamental freedoms
while countering terrorism and to ensure that measures to counter terrorism and to
preserve national security do not hinder its work and safety and are in compliance
with their obligations under international law;
(i) To safeguard the right to privacy in accordance with international law, in
particular international human rights law, and to take measures to ensure that
interferences with or restrictions on that right are not arbitrary, are adequately
regulated by law and are subject to effective oversight and appropriate redress,
including through judicial review or other means;
(j) To review their procedures, practices and legislation regarding the
surveillance and interception of communications and the collection of personal data,
including mass surveillance, interception and collection, with a view to upholding the
right to privacy by ensuring the full and effective implementation of all their
obligations under international human rights law, and to take measures to ensure that
interference with the right to privacy is regulated by law, which must be publicly
accessible, clear, precise, comprehensive and non-discriminatory, and that such
interference is not arbitrary or unlawful, bearing in mind what is reasonable for the
pursuance of legitimate aims;
(k) 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
enjoyment of these rights;
(l) To ensure that guidelines and practices in all border control operations and
other pre-entry mechanisms are clear and fully respect their obligations und er
international law, particularly international refugee and human rights law, towards
persons seeking international protection;
(m) To fully respect non-refoulement obligations under international refugee
and human rights law and, at the same time, to review, with full respect for these
obligations and other legal safeguards, the validity of a refugee status decision in an
individual case if credible and relevant evidence comes to light that indicates that the
person in question has committed any criminal acts, including terrorist acts, falling
under the exclusion clauses under international refugee law;
(n) To refrain from returning persons, including in cases related to terrorism,
to their countries of origin or to a third State whenever such transfer would be contrary
to their obligations under international law, in particular international human rights,
humanitarian and refugee law, including in cases where there are substantial grounds
for believing that they would be in danger of subjection to tort ure, or where their lives
or freedom would be threatened, in violation of international refugee law, on account
of their race, religion, sex, nationality, membership in a particular social group or
political opinion, bearing in mind the obligations that States may have to prosecute
individuals not returned and, in that case, to adhere to the principle of extradite or
prosecute;
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