witnessed or been forced to take part in
serious human rights violations and atrocities. There should be a proper evidence-based
assessment of the impact that these experiences have had on each child, including on their
personal and educational development, physical
and mental health and ability to trust and feel
safe.147 In cases in which it is suspected that the
child has participated in serious crimes, including
crimes related to terrorism and atrocities, such
assessments should also consider the age of
the child, the availability of evidence and the
circumstances of the case, while treating the best
interests of the child as a primary consideration,
in accordance with domestic and international
law.
82.
In cases in which it is considered that a
child may pose an actual, proven security threat,
authorities must still use the least restrictive
response possible and adhere to the principles of
justice for children. Assessments must still take
into consideration what is required in rehabilitation in a manner that is respectful of the child’s
rights, as well as what is restorative and addresses
their needs. It is important that any rehabilitative actions do not stigmatize a child or put them
at risk of being ostracized or neglected by their
families or communities.148 Particular care should
be taken in situations in which children need to
be integrated into ethnic groups, communities or
cultural environments dissimilar from their own.149
147 Convention on the Rights of the Child (1989), art. 39; Optional Protocol to the Convention on the Rights of the Child
on the involvement of children in armed conflict (2000), art.
6(3).
148 The Paris Principles (2007), para. 7.42.
149 Ibid., para. 7.42.
1.4
Key Recommendations
83.
The following are key recommendations:
a. Treat all persons under the age of 18 as
“children” entitled to special protections.
Children have special rights and protections
that apply in all situations, irrespective of
age, sex or other status, including actual or
perceived family or personal affiliation with
any armed group. Take steps to fulfill state
obligations with respect to those children.
b. Treat all individuals under the age of 18
affected by the foreign fighter phenomenon
first and foremost as victims of abuses and
violations of their human rights. Individuals who were recruited or used by armed
groups when they were children should
also be treated as victims in light of, among
others, legal prohibition of recruitment or use
of children by armed groups. This does not
preclude investigation and prosecution of a
child above the age of criminal responsibility, in line with international juvenile justice
and fair trial standards, in situations in which
there is credible evidence of crimes committed
by the child.
c. Provide all care and support to children affected by the foreign fighter phenomenon without
discrimination or stigmatization. States are
responsible for children who are their nationals and have an obligation to readmit them to
their territory.
d. The best interests of the child must be a
primary consideration in all actions or measures concerning children by both public and
private actors and in legislative, judicial, and
administrative decisions. All assessments
of the best interests of the child must be
conducted on an individual basis with proce-
37.