SECTION 1: Key Principles to Protect the Rights of the Child While Addressing a State’s Security Concerns egy adopted by the General Assembly in 2006 recognizes that effective counter-terrorism measures and protection of human rights are not conflicting goals, but rather are complementary and mutually reinforcing. For example, a national criminal justice system based on respect for human rights and the rule of law is considered one of the best means for effectively countering terrorism.57 At the same time, conditions under which human rights are violated are recognized as being conductive to violent extremism.58 As the Secretary-General António Guterres has also stressed, “Without a firm basis in human rights, counter-terrorism policies can be misused and abused. They can actually make us less safe, by undermining good governance and the rule of law…. [T]errorism is fundamentally the denial and destruction of human rights, and the fight against terrorism will never succeed by perpetuating the same denial and destruction.”59 37. In light of the above, the present section seeks to identify overarching international human rights and humanitarian law requirements that apply when States are developing and implementing measures relevant to children affected by the foreign fighter phenomenon. The section identifies how States must comply with the relevant international legal principles, including those affirmed under Security Council resolutions on children and armed 57 General Assembly resolution 72/284 (2017), preamble. conflict.60 These principles are discussed in the context of the relevant Security Council resolutions on counter-terrorism, which repeatedly highlight that all counter-terrorism measures should be in compliance with international law, particularly human rights and humanitarian law. 1.1 Rights of Children Under International Law and Corresponding State Obligations 38. As stated above, the Convention on the Rights of the Child has been ratified by nearly all Member States. Many of its provisions are now also part of customary international law that binds all States, even if they have not ratified the Convention. All States parties to the Convention have an obligation to apply the rights and provisions under it to each child within their jurisdiction. All rights under the Convention always apply to all children, including during periods of armed conflicts and are non-derogable. States parties should make every effort to ensure that the rights and provisions under the Convention are implemented at all times, including during times of armed conflict. 1.1.1 States’ Obligations Towards a Child in Its Territory and Towards a Child Outside of Its Territory 39. The Convention on the Rights of the Child provides that States parties must ensure, without discrimination, the rights of all children within 58 General Assembly resolution 70/674 (2015), Plan of Action to Prevent Violent Extremism (United Nations Plan of Action to Prevent Violent Extremism). 59 Secretary-General’s speech at SOAS, University of London, on “Counter-terrorism and human rights: winning the fight while upholding our values”, 16 November 2017, available at www. un.org/sg/en/content/sg/statement/2017-11-16/secretarygeneral’s-speech-soas-university-london-“counter-terrorism. 60 There are 12 progressively stronger resolutions on children and armed that form the basis of child protection in conflict settings, including extremist contexts. The Security Council adopted the resolution 2427 in July 2018, the latest in that regard. 23.

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