HUMAN RIGHTS, RELIGION AND TERRORISM

Abstract

This paper has as its object the current reflection on the protection of human rights in the fight against terrorism, above all, the most intolerant one based on a closed and sectarian view of the religious phenomenon. Having this in mind, it seeks, first, to understand the movement for the internationalization of human rights and its impact on the contemporary human rights agenda, especially in relation to the use of force and the fight against terror. Afterwards, it focuses on seven main challenges and perspectives, however not excluding others, religious-based terrorism from the perspective of international human rights law, namely: creating a specific international Convention for the prevention and combating of terrorism; understand terrorism as a crime against humanity within the jurisdiction of the International Criminal Court; endorse the idea that the fight against terrorism will only be effective with the respect and promotion of human rights; demand that anti-terrorist measures respect the essential core of human rights protected by international human rights treaties; prevent and punish discriminatory measures in the name of anti-terror strategies; fight religious-based fundamentalism and ensure pluralism, diversity and inter-religious dialogue; and identify, exchange and promote best practices for combating terrorism that respect human rights and fundamental religious freedoms. All supported by the point of view that the commitment to human rights implies a cogent exercise of otherness and tolerance as a contribution of the force of law and not of the right of force.