especially for children who have special rights
and needs in this regard.14 They lack access to
adequate food, sanitation, and basic services,
such as health care and education.15 Critically,
many children with possible links to individuals
suspected of being foreign fighters may face
the risk of statelessness16 and many lack official
documentation or birth certificates. In Iraq, for
example, up to 13,000 children younger than
12 years old reportedly lack birth certificates or
other documentation to establish their nationalities. Some may be of Iraqi parentage, while
others may have one or two foreign parents.17
to a risk of family separation. Some States have
implemented a policy whereby only orphans are
repatriated. Others have repatriated only children
younger than a certain age, in contravention of
international law, which confers special protections to everyone under the age of 18. Allowing
only some children to return inevitably results in
family separation, both from primary caregivers
as well as from older siblings, another violation
of children’s basic rights. Separation may also
be caused by measures intended to prevent
children from accompanying a caregiver to a
territory where the child risks forced recruitment.21
6.
International human rights law provides
the right for everyone to enter his or her own
country.18 Still, some countries of origin bar their
citizens - including both adults suspected of being
associated with designated terrorist groups and
their children, from returning.19 Consequently,
such children are left in prolonged detention
or stranded in foreign countries in legal and
administrative limbo.20 Some of the countries
are willing to repatriate children from conflict
zones, but not their parents or guardians, leading
7.
There are concerns that children of
suspected foreign fighters may pose a threat
in the future, especially without effective
individualized assessments, protection measures
and rehabilitation and reintegration assistance.22
Such children must be recognized as victims of
human rights violations, involuntarily associated
with groups that commit these grievous violations against their rights. However, there exists a
wariness to assisting these children, including
those who want to return to their own or their
parents’ countries of origin. Handling such cases
effectively generally requires a whole-of-government and all-of-society approach. However, local
communities, Governments, and the media have
been reluctant to provide services and assistance
to child victims, often due to the negative perceptions and stigma associated with such children.
14 A/HRC/40/70, para. 10.
15 A/HRC/40/70, para. 45; World Health Organization (WHO)
reported of deaths of at least 29 children between December 2018 and January 2019 in in Al-Hol camp in Al-Hasakeh
governorate, Syria, where the authorities are reportedly
overwhelmed with the number of people coming into the
camp. WHO is concerned over critical health situation in
Al-Hol camp, Al-Hasakeh (Damascus, 2019). Available at
www.emro.who.int/syr/syria-news/who-concerned-overcritical-health-situation-in-al-hol-camp-al-hasakeh.html
16 S/2019/50, para. 93; A/2019/103, paras. 62, 63;
S/2019/103, para. 21; A/HRC/40/70, para. 10.
17 S/2019/103, para. 21; S/2019/50, para 93.
18 S/2019/103, para. 21; International Covenant on Civil
and Political Rights (1966), art. 12(4).
Policy Background of the Handbook
8.
The United Nations has repeatedly reaffirmed that all counter-terrorism measures must
comply with international law, particularly human rights, humanitarian and refugee law, placing
19 S/2019/103, para. 21.
21 A/HRC/40/28, para. 34.
20 A/HRC/40/70, para. 10.
22 S/2019/50, para. 92; S/2019/103, para. 10.
13.