Children are particularly susceptible to stigmatization, and research on labelling processes has shown that there are detrimental effects from identifying young persons as being in conflict with the law.453 This is so even in cases in which they are ultimately acquitted of the alleged offence, where the finding of guilt is not held in any record, the sentence becomes “spent” or when the law provides that the finding of guilt is not to disqualify the child in the future from any job or post.454 These implications may be heightened when children are believed to be associated with terrorist groups. Children who have been stigmatized or associated with criminal activity in the past have been found to experience extreme hardship later on in securing education, housing, employment and other undertakings necessary to their development.455 221. As stressed in the Security Council resolution 2427 (2018), children associated with armed groups, including children who have committed crimes, must be treated primarily as victims (see section 1.3.1 on treatment of children primarily as victims). As discussed in chapter 3, States have an obligation to rehabilitate and reintegrate children recruited and used by terrorist groups. Collecting and exchanging the information of a child who may be a potential security risk and the stigma associated with it could be a barrier to reintegration and normalization for children who have been victims of human rights violations. They may have been victimized by a terrorist group and then further stigmatized upon release. States must not collect and exchange the information of 453 The Beijing Rules (1985), rule 8 on protection of privacy. children formerly associated with armed groups for heightened surveillance or monitoring on the basis of prior association alone, particularly when the data may be used for law enforcement and counter-terrorism practices such as travel ban lists. 222. The right to non-discrimination is also crucial for children affected by the foreign fighter phenomenon who travelled across borders, because children in foreign countries may face higher risks of discriminatory treatment.456 States must ensure that all counter-terrorism measures do not subject the child to racial or ethnic profiling, stereotyping or any other form of discrimination.457 Additionally, States must address and take action against any tendencies that target, stigmatize, stereotype or profile on a discriminatory basis, giving special consideration to populations who have been targeted by politicians, officials, the media and other electronic communication networks.458 Because the issue of the potential threat posed by children affected by the foreign fighter phenomenon is politically charged and a widely debated, any actions taken that target or profile these children must be closely monitored to ensure the absence of political bias or pressure from the media as well as the inclusion of respect for the child’s rights. 223. When States find that the threshold is met for the placement of a child on a watch list or database, the state must take steps to ensure that the child’s inclusion on the list or database does not result in the discriminatory treatment of that child, including through depriving or 454 Ibid. 455 Jamaal Abdul-Alim, “Juvenile Records Often Have Lifelong Consequences, Experts Say”, Juvenile Justice Information Exchange (2015), available at https://jjie.org/2015/06/29/juvenile-records-often-have-lifelong-consequences-expertssay/. 456 Committee on the Elimination of Racial Discrimination, general recommendation no. 30 (2003), para.8. 457 Ibid., para. 10. 458 Ibid., para. 12. 99.

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