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Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

A/RES/59/191View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, under agenda item 105b Human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2005.

What other versions does this mandate have?

20 versions · 2004–2018
This is an older version — the most recent is A/RES/72/180
YearSymbolTitleWord lengthText similarity
2018
A/RES/72/180

Protection of human rights and fundamental freedoms while countering terrorism

3,14317%Compare
2017
A/HRC/RES/35/34

Protection of human rights and fundamental freedoms while countering terrorism

2,23365%Compare
2016
A/HRC/RES/33/21

Protection of human rights and fundamental freedoms while countering terrorism

2,81616%Compare
2016
A/RES/70/148

Protection of human rights and fundamental freedoms while countering terrorism

3,55918%Compare
2015
A/HRC/RES/29/9

Protection of human rights and fundamental freedoms while countering terrorism

1,78477%Compare

Which reports were submitted under this mandate?

12 reports · 2004–2019
YearSymbolTitleMandate resolution
2019A/74/270Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-GeneralA/RES/72/180
2017A/72/316Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-GeneralA/RES/70/148
2015A/70/271Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-GeneralA/RES/68/178
2013A/68/298Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-GeneralA/RES/66/171
2011A/66/204Protecting human rights and fundamental freedoms while countering terrorism report of the Secretary-GeneralA/RES/65/221

What subjects does this mandate have?

20 subjects
Advisory ServicesCivil and Political RightsCooperation Between OrganizationsCounter-TerrorismDerogationExpertsHuman RightsHuman Rights AdvancementHuman Rights in Armed ConflictsInformation DisseminationInternational LawInternational ObligationsPublicationsRecommendationsRefugee LawReport PreparationRule of LawState of EmergencyTerrorismTreaty-Monitoring Bodies

What’s in this document?

16 operative paragraphs
1
Reaffirms that States must ensure that any measure taken to combat terrorism complies with their obligations under international law, in particular international human rights, refugee and humanitarian law;
2
Also reaffirms the obligation of States, in accordance with article 4 of the International Covenant on Civil and Political Rights,5 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, and underlines the exceptional and temporary nature of any such derogations;6

5See resolution 2200 (XXI), annex.

6See, for example, General Comment No. 29 on states of emergency adopted by the Human Rights Committee on 24 July 2001.

3
Calls upon States to raise awareness about the importance of these obligations among national authorities involved in combating terrorism;
4
Welcomes the report of the Secretary-General submitted pursuant to resolution 58/187,7 in which it is stated that it is imperative that all States work to uphold and protect the dignity of individuals and their fundamental freedoms, as well as democratic practices and the rule of law, while countering terrorism;

7A/59/404.

5
Takes note with appreciation of the study of the United Nations High Commissioner for Human Rights submitted pursuant to resolution 58/187;8

8A/59/428.

6
Encourages States to make available to relevant national authorities the “Digest of Jurisprudence of the United Nations and Regional Organizations on the Protection of Human Rights while Countering Terrorism” and to take into account its content, and requests the High Commissioner to update and publish it periodically;
7
Welcomes the ongoing dialogue established in the context of the fight against terrorism between the Security Council and its Counter-Terrorism Committee and the relevant bodies for the promotion and protection of human rights, and encourages the Security Council and its Counter-Terrorism Committee to strengthen the links and to continue to develop cooperation with relevant human rights bodies, in particular with the Office of the United Nations High Commissioner for Human Rights, giving due regard to the promotion and protection of human rights in the ongoing work pursuant to relevant Security Council resolutions relating to terrorism;
8
Requests all relevant special procedures and mechanisms of the Commission on Human Rights, as well as the United Nations human rights treaty bodies, to consider, within their mandates, the protection of human rights and fundamental freedoms in the context of measures to combat terrorism, and encourages them to coordinate their efforts where appropriate, in order to promote a consistent approach on this subject;
9
Encourages States, while countering terrorism, to take into account relevant United Nations resolutions and decisions on human rights, and encourages them to consider the recommendations of the special procedures and mechanisms of the Commission on Human Rights and the relevant comments and views of United Nations human rights treaty bodies;
10
Notes with appreciation the appointment of an independent expert on the protection of human rights and fundamental freedoms while countering terrorism pursuant to Commission on Human Rights resolution 2004/87,2 and encourages States to cooperate fully with him;
11
Requests the High Commissioner, making use of existing mechanisms, to continue:
a
To examine the question of the protection of human rights and fundamental freedoms while countering terrorism, taking into account reliable information from all sources;
b
To make general recommendations concerning the obligation of States to promote and protect human rights and fundamental freedoms while taking actions to counter terrorism;
c
To provide assistance and advice to States, upon their request, on the protection of human rights and fundamental freedoms while countering terrorism, as well as to relevant United Nations bodies;
12
Requests the independent expert to take into account the debate held during the fifty-ninth regular session of the General Assembly in finalizing the report mandated by the Commission on Human Rights in its resolution 2004/87, to be presented through the High Commissioner to the Commission on Human Rights at its sixty-first session;
13
Requests the Secretary-General to submit a report on the implementation of the present resolution to the Commission on Human Rights at its sixty-first session and to the General Assembly at its sixtieth session.

Table of contents

No headings found in this document.