Example from Belgium—The right to express and be heard The Belgian Constitution art. 22bis provides that “Each child has the right to express his or her views in all matters affecting him or her, the views of the child being given due weight in accordance with his or her age and maturity.” In addition, in relation to civil matters, the judicial code provides that any child over 12 years of age has not only the right to be heard, but also to refuse to be heard, in the procedures relating to parental authority. In other words, there is a requirement to summon the child, but the child does not have to appear nor to express himself or herself. If the child is under 12 years of age, the judge may hear the child upon his or her request, or that of his or her parents, the public prosecutor’s office or on his or her own initiative. The judge may refuse, by a reasoned decision, to grant that request, unless it comes from the child him or herself or from the public prosecutor’s office. 1.3 Child Rights–based Approach to States’ Security Concerns 75. In implementing a human and child rights– based approach, the four principles summarized above under the Convention on the Rights of the Child and other international instruments provide the key framework. In addition, the following considerations should guide the treatment of children affected by the foreign fighter phenomenon, including in situations in which such children are considered security risks. 1.3.1. Treatment of Children Primarily as Victims 76. International law requires that States adopt a human and child rights–based approach that views those children first and foremost as victims, while considering security concerns. In fact, protecting and fulfilling the rights of children as victims is also critical for States’ security interests because it prevents exploitation of any resentment and grievances towards the State by designated terrorist groups.137 77. Children affected by the foreign fighter phenomenon are often victims at multiple levels. They may be victims of a hostile environment in which their rights are denied, including the right to development and education. Children may have been victims of recruitment and use by designated terrorist groups. Children may be victims of arbitrary detention, mistreatment and abuse for alleged association with groups designated as terrorist groups or the alleged association of family members. Children may suffer from stigma and discrimination in the long term, including from their own communities, in ways that manifest differently for boys and girls. 78. Children who have participated in the activities of terrorist groups should be viewed primarily as victims, while taking into account the individual circumstances and issues related to the case, though investigation and prosecution in line with international juvenile standards of a child above the minimum age of criminal responsibility are not precluded. In this regard, the Security Council has expressed grave con- 137 Plan of Action to Prevent Violent Extremism (2015), para. 27; see also the Convention on the Rights of the Child (1989), arts. 38, 39 and 40 on protecting children who are victims of armed conflict. 35.