forth in the Convention on the Rights of the Child.197
The use of firewalls may be such a measure to
ensure protection of the rights of the child. Firewalls are measures to separate States’ immigration enforcement activities from other activities,
such as criminal justice processes. Such measures
ensure that immigration authorities do not have
to share information concerning the immigration
status of each child with other institutions.198
(See chapter 8 on data collection and exchange.
The Security Council Counter-Terrorism
Committee notes in its 2018 Addendum
to the 2015 Guiding Principles on Foreign
Terrorist Fighters (S/2018/1177)
that
States should consider specific issues that
may arise with respect to protecting and
promoting the rights of the child
in the context of biometrics, including
when children’s biometric data is collected
for child-protection purposes, and further
considers putting in place specific,
appropriate
legal
frameworks
and
199
safeguards.
2.2
Key Recommendations
104.
The following are key recommendations:
Protecting the right to nationality
a. Respect, protect and fulfill the right of every child to acquire a nationality, as set out
in the Convention on the Rights of the Child,
especially when he or she would otherwise
be stateless.
b. Reform nationality laws that are discriminatory,
including
to
remove
discrimination based on gender and/or marital status of the parents. National legislation
should grant women the right to bestow their
own nationality onto their children.
c. Apply nationality law without discrimination
and be guided by the best interests of the
child as a primary consideration. Potential
links of children or their parents to the foreign
fighter phenomenon should never be grounds
to deny nationality.
d. Accept nationals and their children, respect
the right of nationals to return to their own
countries of origin and assist them, as necessary, to facilitate repatriation.
e. Take actions to prevent children from becoming stateless. Establish effective safeguards
and processes that protect any child from
becoming stateless.
197 Ibid.
198 OHCHR and Global Migration Group Working Group on
Migration, Human Rights and Gender, Principles and Guidelines, supported by practical guidance, on the human rights
protection of migrants in vulnerable situations, available
at www.ohchr.org/Documents/Issues/Migration/PrinciplesAndGuidelines.pdf, p.12.
48.
f.
In the absence of evidence to the contrary,
there should be favorable consideration of
parenthood when an individual presents him
199 Addendum to the 2015 Madrid Guiding Principles
(2018), principle 38 (i).