The right to family life 134. Preventing a person’s (including a child’s) return to the country where his or her family live may also amount to interference with family life. States may not subject an individual to arbitrary or unlawful interference with his or her family.268 The mere fact that members of the family reside in the territory of one country does not necessarily guarantee the right to enter the territory of that country. However, while States have the discretion to deny an individual the right to re-entry in pursuit of a legitimate aim, such discretion may not be exercised arbitrarily.269 When restrictions to re-enter a country are based on assertions that the person is a threat to national security, such assertions should be carefully substantiated; otherwise the restrictions could be considered to be arbitrary interference with family life.270 The right to rehabilitation and reintegration 135. As summarized in chapter 5, under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, States parties have the obligation to ensure the rehabilitation and reintegration of children affected by armed conflict, including the foreign fighter phenomenon. 136. States are required to aid children who were recruited by armed groups in their jurisdiction by ensuring support for their 268 International Covenant on Civil and Political Rights (1966), arts. 17 and 23; Convention on the Rights of the Child (1989), art. 16(1); African Charter on Human Rights and Peoples’ Rights (1981), art. 18(1); European Convention on Human Rights (1950), art. 8. 269 Ilyasov v. Kazakhstan (CCPR/C/111/D/2009/2010), para. 7.2. 270 Ibid., paras. 7.3 and 7.5. 62. physical and psychological recovery and social reintegration with the goal of safeguarding their right to develop in an environment that is free from violence.271 Therefore, States should provide support to children who were recruited in their jurisdiction and then crossed borders. The Security Council also recognizes “the importance of timely and appropriate reintegration and rehabilitation assistance to children associated with foreign fighters returning or relocating from conflict zones”.272 The Council has emphasized that children may be especially in need of particular psychosocial support, such as post-trauma counselling, stressing that children need to be treated in a manner that observes their rights and respects their dignity, in accordance with applicable international law.273 For effective and timely rehabilitation and reintegration of children in conflict-affected areas, repatriation to countries of nationality may be critical and in the best interests of the child. In this regard, the Special Representative of the Secretary-General for Children and Armed Conflict has called upon States to facilitate the return of all children holding citizenship for the purposes of rehabilitation and reintegration.274 Access to consular services 137. The Convention on the Rights of the Child, provided it is applicable, obligates States parties to develop and implement effective consular protection policies, including specific measures directed at protecting children’s rights and encompassing promotion of protocols 271 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, art. 6(3). 272 Security Council resolution 2396 (2017), para. 36. 273 Ibid., preamble. 274 A/HRC/40/49, para. 20.

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