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.