(see section 1.2.2 above on the best interests of the child principle) and the non-refoulement principle under international law. 4.1 International Law and Standards 4.1.1 Human Rights Considerations Calling for Repatriation 128. In February 2019, the Committee on the Rights of the Child, in its concluding observations to Belgium on the implementation of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, recommended that “taking into consideration paragraph 26 of Security Council resolution 2427 (2018), [to] promptly facilitate the repatriation of all Belgian children, and whenever possible, their families, regardless of age or the degree of suspected involvement in the armed conflict and in compliance with article 9 of the Convention”.250 In April 2019, the United Nations Secretary-General endorsed the “key principles for the protection, repatriation, prosecution, rehabilitation and reintegration of women and children with links to United Nations listed terrorist groups,” which calls upon Member States to ensure that their nationals who are family members of suspected foreign fighters and do not face serious charges are repatriated for the purposes of prosecution, rehabilitation and/ or reintegration.251 A number of international human rights law provisions support these calls. The right to life 129. States’ obligations towards children’s right to life, maximum survival and development may call for them to repatriate a child when he or she is in a situation in which his or her life is in danger.252 Under the International Covenant on Civil and Political Rights, every child is entitled “to such measures of protection as are required by his status as a minor, on the part of his family, society and the State”.253 This provision requires States parties to adopt special measures designed to protect the life of every child. Similarly, the Convention on the Rights of the Child requires States parties to take all appropriate measures to protect the child from “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation”.254 This article applies to children without a primary or proxy caregiver, children of migrant parents or unaccompanied children outside their countries of origin.255 States must take responsibility as the “de facto” caregiver or the one “who has the care of the child”, even if such children are not within the context of physical care settings”.256 The Convention also obligates States parties “to ensure the child such protection and care as is necessary for his or her well-being”.257 These provisions may call for repatriation when the child’s life would be better protected in the country of origin and it is deemed to be in the best interests of the child, 252 Human Rights Committee, general comment No. 36 (2018), para. 63. 253 International Covenant on Civil and Political Rights (1966), art. 24(1). 250 Committee on the Rights of the Child, concluding observations: Belgium (2019)(CRC/C/BEL/CO/5-6), para. 50 (b). 251 United Nations, Key principles for the protection, repatriation, prosecution, rehabilitation and reintegration of women and children with links to United Nations listed terrorist groups (2019). 60. 254 Convention on the Rights of the Child (1989), art. 19(1). 255 Committee on the Rights of the Child, general comment No. 13 (2011), para. 35. 256 Ibid. 257 Convention on the Rights of the Child (1989), art. 3(2).

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