Protection of human rights and fundamental freedoms while countering terrorism
A/RES/68/178
protection of human rights for all and the rule of law are essential to the fight
against terrorism, recognizing that effective counter-terrorism measures and the
protection of human rights are not conflicting goals but complementary and
mutually reinforcing, and stressing the need to promote and protect the rights of
victims of terrorism,
Recalling further Human Rights Council resolution 22/8 of 21 March 2013, 6
by which the Council decided to extend the mandate of the Special Rapporteur on
the promotion and protection of human rights and fundamental freedoms while
countering terrorism,
Recalling its resolution 64/115 of 16 December 2009 and the annex thereto
entitled “Introduction and implementation of sanctions imposed by the United
Nations”, in particular the provisions of the annex regarding listing and delisting
procedures,
Reaffirms that States must ensure that any measure taken to combat
1.
terrorism complies with their obligations under international law, in particular
international human rights, refugee and humanitarian law;
Deeply deplores the suffering caused by terrorism to the victims and their
2.
families, expresses its profound solidarity with them, and stresses the importance of
providing them with assistance and other appropriate measures to protect, respect
and promote their human rights;
Expresses serious concern at the occurrence of violations of human
3.
rights and fundamental freedoms, as well as of international refugee and
humanitarian law, committed in the context of countering terrorism;
Reaffirms that all counter-terrorism measures should be implemented in
4.
accordance with their obligations under international law, including international
human rights, refugee and humanitarian law, thereby taking into full consideration
the human rights of all, including persons belonging to national or ethnic, religious
and linguistic minorities, and in this regard must not be discriminatory on grounds
such as race, colour, sex, language, religion or social origin;
Also reaffirms the obligation of States, in accordance with article 4 of the
5.
International Covenant on Civil and Political Rights, 7 to respect certain rights as
non-derogable in any circumstances, recalls, in regard to all other Covenant rights,
that any measures derogating from the provisions of the Covenant must be in
accordance with that article in all cases, underlines the exceptional and temporary
nature of any such derogations, 8 and in this regard calls upon States to raise awareness
about the importance of these obligations among national authorities involved in
combating terrorism;
6.
Urges States, while countering terrorism:
(a) To fully comply with their obligations under international law, in
particular international human rights, refugee and humanitarian law, with regard to
the absolute prohibition of torture and other cruel, inhuman or degrading treatment
or punishment;
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6
Ibid., Sixty-eighth Session, Supplement No. 53 (A/68/53), chap. IV, sect. A.
See resolution 2200 A (XXI), annex.
8
See, for example, General Comment No. 29 on states of emergency adopted by the Human Rights
Committee on 24 July 2001.
7
3/8