larly, States parties to the Optional Protocol to the Convention of the Rights of the Child on children in armed conflict must provide assistance to children who were recruited by designated terrorist groups in their jurisdiction. This can include ensuring support for their physical and psychological recovery, social reintegration and safeguarding their right to develop in an environment free from violence.70 42. The International Covenant on Civil and Political Rights provides the right to enter one’s own country.71 Further, under the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, States parties are to develop and implement effective consular protection policies. Such policies include specific measures directed to protecting children’s rights, encompassing promotion of protocols on consular protection services.72 Correspondingly, host States also have obligations under the Vienna Convention on Consular Relations to ensure individuals’ rights to communicate with and be visited by consular officers of their country of nationality.73 This has significant implications for those children affected by the foreign fighter phenomenon who remain outside of their home countries or their countries of residence and who have not been afforded adequate protection in their host state. 43. When a child is in the territory of a State, it is the responsibility of that State to ensure that the children’s best interests are respected. At the same time, when concerned States are parties to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children, if the authority of a State party having jurisdiction considers that the authority of another State party would be better placed to assess the best interests of the child, it may request that another authority assumes jurisdiction. The State assuming jurisdiction must be one in which the child is a national or has a substantial connection, or where the child’s property is located.74 Additionally, if a child has been wrongfully removed or detained in a State, the State in which the child was previously a habitual resident should retain jurisdiction over the child. The State from which the child has been removed may exercise jurisdiction only to the extent it is necessary to protect the child.75 Those provisions may be applicable to children affected by the foreign fighter phenomenon, depending on whether or not the concerned States are parties to the Convention. 70 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000), art. 6(3). 71 International Covenant on Civil and Political Rights (1966), art. 12 (4). 72 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. 19. 74 The Hague Convention (1996), art. 8. 73 Vienna Convention on Consular Service (1963), art. 36. 75 Ibid., art. 7. 25.

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