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.