The best interests as a primary consideration and States’ security considerations 58. Children affected by the foreign fighter phenomenon should be viewed primarily as victims, especially when they were recruited and used by armed groups, including designated terrorist groups.101 (See section 1.3.1 on treatment of children primarily as victims.) Particularly in relation to children deprived of liberty due to association with armed groups, the Security Council has urged Member States to comply with applicable obligations under the Convention on the Rights of the Child.102 59. The Convention on the Rights of the Child provides that the child’s best interests should be a “primary consideration”.103 That means that the child’s best interests should take precedence and should not be treated just as one of several considerations. In reality, there may be situations in which there are conflicts between the best interests of a child and the interests or rights of others, such as those of their parents, other children and the public. In such a case, potential conflicts must be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise. However, the most weight should be given to that which best serves the child.104 60. The Security Council Counter-Terrorism Committee has also recognized that, in cases involving children, the best interests of the child should be treated as a primary consideration and that special safeguards and legal protec101 Security Council resolution 2427 (2018), para 20. 102 Ibid. 103 Convention on the Rights of the Child (1989), art. 3(1). 104 Committee on the Rights of the Child, general comment No. 14 (2013), para. 39. 30. tions should be put in place to ensure that all appropriate actions are taken in cases involving children, in full compliance with their obligations under international law.105 61. A State may consider or determine that a child affected by the foreign fighter phenomenon is a security threat because of his or her past experiences with a designated terrorist group; however, the best interests of the child principle requires States to fashion solutions to serve the child’s best interests on a case-by-case basis and pursuant to due process, even when the child’s interests may conflict with the State’s perceived security interests.106 In this regard, the Security Council has noted that States should ensure that the competent authorities assess each child individually and without prejudice and take his or her rights and needs into account, while also considering the circumstances relating to the case and proceeding with any further criminal or security-related actions.107 62. In short, States should place the child at the center of considerations and help ensure their rights even when the child is considered a potential security risk. They should also aim to assist the child in achieving his or her fullest potential and prepare the child for a responsible life in society.108 In the long term, this is also likely to align with States’ security interests by preventing the child’s further involvement in violence in the future. As the United Nations Plan of Action to Prevent Violent Extremism recognizes, the lack 105 S/2018/77, para. 42. 106 Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 22 (2017) of the Committee on the Rights of the Child, para 33. 107 S/2018/1177, principle 42. 108 Convention on the Rights of the Child (1989), art. 29.

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