1.2.3 Inherent Right to Life, Survival and
Development
69.
Another critical principle under the
Convention on the Rights of the Child is a child’s
inherent right to life and to maximum survival and
development.120 The term “development” should be
interpreted in its broadest sense, encompassing the child’s physical, mental, spiritual, moral,
psychological and social development.121 States
should adopt special measures designed to
protect the life of every boy and girl, in addition
to the general measures required for protecting
the lives of all individuals under its jurisdiction.122
Ensuring survival and full development in a peaceful environment of children affected by the foreign fighter phenomenon and is also likely to be
critical in preventing them from becoming threats
in the future.
70.
Ensuring a child’s development is closely
linked with ensuring freedom from all types of
violence, including armed conflict, psychological
mistreatment, neglect and sexual violence. States
are to provide legislative and regulatory frameworks
and protocols aimed at contributing positively to
the child’s rehabilitation and reintegration when
she or he has been subjected to violence.123 This
is especially relevant for children who have been
recruited and used by designated terrorist groups.
71.
Ensuring a child’s right to survival and
development is particularly important in
situations in which children are released from
an armed group outside their State of nationality.124 They are particularly vulnerable to further
violations of their rights, including possible
re-recruitment and use in hostilities, trafficking
and other forms of exploitation.125 The child’s
country of nationality and the host country both
have obligations to ensure the child’s exit from
the group and appropriate assistance.126 A punitive
approach without consideration of the child’s
rights can result in lasting consequences for
their development and negatively impact their
opportunities for social integration (see
chapter 5 on rehabilitation and reintegration). A
State should not circumvent its responsibility to
provide such assistance by arbitrarily denying or
delaying the recognition of the child’s nationality
(see chapter 2 on ensuring the right to nationality).
72.
As discussed in the introduction, the State
of a child’s nationality is encouraged to extend
protective measures to a child in a vulnerable
situation outside of its territory when the State’s
decision impacts the child’s life in a foreseeable
manner. Such States are encouraged to repatriate
their nationals and fulfill their rights upon return.
On the other hand, a critical obligation of the host
State is to refrain from returning a child to any
country when there is a risk of irreparable harm.127
Such harm may encompass torture and ill-treatment in the process of prosecution for alleged
120 Convention on the Rights of the Child (1989), art. 6.
121 Committee on the Rights of the Child, general comment
No. 5 (2003) on general measures of implementation of the
Convention on the Rights of the Child, para.12.
124 The Paris Principles (2007), para. 7.22.
122 International Covenant on Civil and Political Rights
(1966), arts. 6 and 24; Human Rights Committee, general comment No. 36 (2018), para.23.
126 Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict
(2000), arts. 6 and 7.
123 Convention on the Rights of the Child (1989), art. 39,
Committee on the Rights of the Child, general comment No.
13 on the right of the child to freedom from all forms of violence (2011).
127 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 45.
125 A/73/278, paras. 10-11.
33.