Protection of human rights and fundamental freedoms while countering terrorism
A/RES/70/148
(i) 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 uphold ing
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;
(j) To protect all human rights, including economic, socia l and cultural
rights, bearing in mind that certain counter-terrorism measures may have an impact
on the enjoyment of these rights;
(k) To ensure that guidelines and practices in all border control operations
and other pre-entry mechanisms are clear and fully respect their obligations under
international law, particularly international refugee and human rights law, towards
persons seeking international protection;
(l) 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;
(m) 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 b e in danger of subjection to
torture, 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;
(n) Insofar as such an act runs contrary to their obligations under
international law, not to expose individuals to cruel, inhuman or degrading treatment
or punishment by way of return to another country;
(o) To ensure that their laws criminalizing acts of terrorism are accessible,
formulated with precision, non-discriminatory, non-retroactive and in accordance
with international law, including human rights law;
(p) Not to resort to profiling based on stereotypes founded on grounds of
discrimination prohibited by international law, including on racial, ethnic and/or
religious grounds;
(q) To ensure that the interrogation methods used against terrorism suspects
are consistent with their international obligations and are reviewed on a regular
basis to prevent the risk of violations of their obligations under international law,
including international human rights and refugee and humanitarian law;
(r) To ensure that any person who alleges that his or her human rights or
fundamental freedoms have been violated has access to a fair procedure for seeking
full, effective and enforceable remedy within a reasonable time and that where such
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