their jurisdiction.61 Each State’s party to the present Covenant undertakes to respect and ensure all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant without distinction of any kind. “Subject to their jurisdiction” has been interpreted to mean within the State’s power or effective control, even if that individual is not in the State’s territory.62 less children,65 regardless of the child’s status under the law, including if the child is known or suspected of association with designated terrorist groups. Furthermore, these obligations cannot be arbitrarily and unilaterally curtailed either by excluding zones or areas from the territory of a State or by defining particular zones or areas as not part of or only partly under the jurisdiction of the State.66 40. States have the duty to respect, protect and fulfill the rights of all children who are present “in their territory or subject to their jurisdiction”.63 The obligations apply within the borders of the State, including with respect to those children who come under its jurisdiction while attempting to enter its territory. States are obligated to respect and ensure their rights regardless of whether the child is a citizen of that State and irrespective of their nationality, immigration status or statelessness.64 States have a responsibility to ensure each child’s protection from violence, especially in relation to those in situations of vulnerability, including children in armed conflict and state- 41. States may also have obligations towards children of its nationals outside of their territories in certain situations. Under the International Covenant on Civil and Political Rights, States parties are to respect and ensure the right to life of those who are both located outside of its territory and whose right to life is impacted by the State’s activities in a direct and reasonably foreseeable manner.67 Further, the Covenant entitles every child “to such measures of protection as are required by his status as a minor on the part of his family, society and the State”.68 This article requires adoption of special measures designed to protect the life of every child.69 To fulfill these obligations, the State of a child’s nationality arguably would have to extend protective measures even if the child is outside of its territory or jurisdiction. Simi- 61 Convention on the Rights of the Child (1989), art. 2(1); International Covenant on Civil and Political Rights (1966), art. 2(1). 62 Human Rights Committee, general comment No. 31 (2004), para 10; Human Rights Committee, general comment No. 36 (2018) on article 6 (right to life), para. 22. 63 Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 23 (2017) of the Committee on the Rights of the Child, para 39; see also Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (1996) (Hague Convention), art. 6. 64 Committee on the Rights of the Child, general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, para. 12; 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 on general principles in the context of international migration, para. 11. 24. 65 Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 23 (2017) of the Committee on the Rights of the Child, para 39. 66 That includes international waters or other transit zones where States put in place migration control mechanisms (Committee on the Rights of the Child, general comment No. 6 (2005), para. 23), as well as on board ships or aircrafts registered in the State (Committee against Torture, general comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22, para. 10). 67 Human Rights Committee, general comment No. 36 (2018), para. 63 68 International Covenant on Civil and Political Rights (1966), art. 24(1). 69 Human Rights Committee, general comment No. 36 (2018), para. 60.

Select target paragraph3