association with designated terrorist groups. It may
also include violence, recruitment or exploitation
by terrorist organizations.128 When there is such a
risk, there should be an individual assessment of
determination on whether a child’s return
would serve their best interests (see chapter 4 on
repatriation).129
1.2.4 Respect for the Child’s Views
73.
Taking the views of the child into
consideration in decisions affecting them, including for their rehabilitation and reintegration, is
likely to render such decisions more acceptable
to the child and thus more effective. Allowing
every child the right to express his or her views,
commensurate with age and capacity, and
having
them
taken
into
account
by
decision-makers is another principle under the
Convention.130 In accordance with their age and
maturity, children should be provided with the
opportunity to express their views in any judicial
or administrative proceeding affecting them.131
When assessing a child’s best interests, the
child must also be given an opportunity to freely
express his or her views and due weight must
be given to such views.132 Young children should
be included in decision-making processes in a
manner consistent with their evolving capacities.
74.
States should be particularly attentive to
the views of children affected by armed conflict
and terrorism, including by the foreign fighter
phenomenon, as they may have been subjected
to situations of violence. Such situations may
have led to fewer opportunities for their voices
to be heard or for them to develop capacities to
articulate their voices.133 Children outside of
their country of origin or children without documents to prove their nationality face vulnerabilities that further limit their opportunities
or abilities to have their voices heard.134 It is
critical that during all stages of assessment,
including the securing of their release and
reintegration, such children be given the
opportunity to actively participate.135 The Security Council has also called upon Member States,
United Nations entities and other parties to ensure that the views of children are considered in
programming activities throughout the conflict
cycle.136 Concretely, this means using age and gender-sensitive interview techniques to assess children’s views and then ensuring that those views
are given due weight in decisions affecting them.
It also means ensuring that children are provided
with age-appropriate information on alternatives
and their consequences to ensure their views are
informed and freely given.
128 Committee on the Rights of the Child, general comment
No. 6 (2005), paras.26-28.
129 Ibid.
130 Committee on the Rights of the Child, general comment
No. 12 (2009) on the right of the child to be heard, para. 2.
131 Convention on the Rights of the Child (1989), art. 12; General Assembly resolution 40/33 (1985), Standard Minimum Rules
for the Administration of Juvenile Justice (the Beijing Rules).
132 Committee on the Rights of the Child, general comment No.
14 (2013), para. 43. See also the Paris Principles (2007), para. 3.14.
34.
133 Committee on the Rights of the Child, general comment No. 12 (2009), para. 118.
134 Ibid., para. 123.
135 The Paris Principles (2007), 3.14.
136 Security Council resolution 2427 (2018), para. 23.