diminishing the child’s access to services or
education, freedom of movement, or enjoyment of other rights. States are advised to
collect and exchange the information of a child
as a potential suspect of terrorist crimes, only if:
(i) the child is above a minimum age of criminal responsibility consistent with international juvenile justice standards;
(ii) there is reasonable suspicion to believe
that the child has committed terrorist crimes
or is at risk of committing terrorist crimes and
no less restrictive measures can limit that risk;
(iii) the placement of a child on such a list is
evaluated by authorities on a case-by-case
basis, based on clear criteria for the inclusion
of individuals’ names on watch lists and in databases and comprehensive safeguards are in
place (see section 8.1.3 below) throughout the
duration of the child’s placement on the list;
and
(iv) effective oversight and redress mechanisms are developed to ensure the protection
of children’s rights, particularly given the
potential lifelong implications on affected
children.
8.1.3 Procedural Safeguards to Ensure
Protection of the Rights of the Child in
Collecting and Exchanging Data
Regulatory framework
224.
Under the International Covenant on Civil
and Political Rights, private information about an
individual may be stored only if it is essential to the
interests of society,459 a standard that requires close
and careful consideration when the private information of a child is at risk. These measures should
also include strict enforcement of appropriate
rules on the collection, use, retention and
access to the information.460 There should also be
a sunset clause to ensure that the information in
the database is expunged after a certain period
of time.461
Transparency
225.
States should ensure every child’s right to
know who is in possession of her or his personal
data, so that a child may request the rectification
of information or the elimination of her or his
data when it is held or distributed in contravention of law.462 States should ensure each child’s
right to ascertain any personal information stored
about them, such as their name being included
in a database, as well as her or his right to know
the purposes for which it is being stored.463 Inclusion of the information of those above an internationally recognized minimum age of criminal
459 Human Rights Committee, general comment No. 16
(1988), para 7.
460
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers
and Members of Their Families No. 22 (2017) of the Committee
on the Rights of the Child, para. 17; UNOCT and CTED, United
Nations Compendium of Recommended Practices for the Responsible Use and Sharing of Biometrics in Counter Terrorism
(2018), 36; S/2018/1177, principle 2.
461 United Nations University, Cradled by Conflict: Child
Involvement with Armed Groups in Contemporary Conflict
(2018), 230; see also CRC General Comment 10 para 67, recommending the automatic removal from any criminal records of
a child’s name once they reach 18, or under conditions such
as not having committed an offense within a stipulated time
period
462 Human Rights Committee, general comment No. 16
(1988), para. 10.
463 UNICEF, Implementation Handbook for the Convention
on the Rights of the Child (2007), 209.
100.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents