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Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

Report of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism

The current wave of privacy-intrusive measures in the name of countering terrorism should be countered through a global declaration on data protection and data privacy, the UN Special Rapporteur on human rights and counter-terrorism Martin Scheinin said Tuesday, as he released his latest report which focuses on the erosion of the right to privacy in the fight against terrorism. In his report, Scheinin critically assesses developments that have adversely affected the right to privacy in various parts of the world using the justification of combating terrorism. These include racial or ethnic profiling, creation of privacy-intrusive databases and resorting to new technology, such as body scanners, without proper human rights assessment. Based on his evaluation, the UN independent expert dismisses the perception that, in an all-encompassing process of balancing, counter-terrorism always outweighs privacy. Instead, he calls for a rigorous analytical framework for securing that any restrictions on privacy rights are necessary, proportionate and adequately regulated. One of his main recommendations is that the inter-governmental Human Rights Council should launch a process aiming at a global declaration on data protection and data privacy. The Special Rapporteur also encourages the Human Rights Committee, the independent expert body supervising compliance with the Covenant on Civil and Political Rights, to consider drawing up a general comment on the right to privacy, including the proper scope of its limitations. Scheinin will present his report to the Human Rights Council in Geneva in the second week of March.

The current wave of privacy-intrusive measures in the name of countering terrorism should be countered through a global declaration on data protection and data privacy, the UN Special Rapporteur on human rights and counter-terrorism Martin ...

Cultural Human Rights

What is the relationship between culture and human rights? Can the idea of cultural rights, which are predicated on the distinctiveness and exclusivity of a communitya (TM)s beliefs and traditions, be compatible with the concept of human rights, which are universal and a ~inherenta (TM) to all human beings? If we accept such compatibility, what is the actual content of cultural rights? Who are their beneficiaries: individuals, or peoples or groups as collective entities? And what precise obligations do cultural rights pose upon states or other actors in international law, or for the international community as a whole? International instruments on the protection of human rights do not provide self-evident answers to these questions. This book seeks to analyse these dilemmas and to assess the impact that they are having on international law and the development of a coherent category of cultural human rights.

14 A Right to Cultural Identity in UNESCO Yvonne Bonders 1. Introduction This
chapter touches first on the idea of developing a right to cultural identity in
international human rights law, in order to clarify the issues and difficulties
surrounding ...