SECTION 3: Preserving Family Unity
105.
The right to family unity is a key basis of
action taken within child protection systems.
Family-based care is always preferred if it is in
the best interests of the child. Preservation of and
support for family unity goes beyond the parentchild relationship, extending to sibling groups and
extended family. Maintaining family unity,
especially in relation to children affected by the
foreign fighter phenomenon can also improve
security outcomes. Children who are unaccompanied and without family-based care are more likely
to have their rights violated, including being at
risk for recruitment into armed groups. In relation
to those families in the areas previously under
the control of armed groups, including designated terrorist groups, taking some family members
and leaving others behind is likely to fuel resentment towards such a state policy. Those left
behind are likely to be more vulnerable, while
remaining under the influence or control of
armed groups and at a higher risk of continuing
rights violations.
sion to countries may also result in separation of
children from their parents when some family
members do not have the required documentation. Some countries of nationality take a position to accept only children returning from
conflict zones, not their parents. With such a
policy, the repatriation process itself can lead
to separation. Differential treatment based on
age can also result in separation of siblings, with
children above the minimum age of criminal
responsibility being separated from their younger
siblings.
106.
In reality, many children affected
by the foreignfighter phenomenon face the
possibility of separation from their parents or
primary caretakers. Recruitment and use of
children can also cause family separation. Children
may be separated from their parents or primary
caregivers as a result of conflict, displacement,
as well as the death or detention of one or both
parents. Children who become separated may join
armed groups to try to protect themselves and
access basic services. In addition, individuals
suspected of being foreign fighters are often
placed in detention and/or criminal proceedings.
Children may be separated from their detained
parents. Security screening processes
and
requirements for documentation for readmis-
3.1 International Human Rights Law and
Standards
50.
107.
The
present
chapter
highlights
family unity as a primary rule under international
human rights and humanitarian law. The chapter
further summaries human rights considerations in
avoiding family separation and facilitating
family reunification. The chapter concludes by
summarizing international standards in ensuring
the child’s rights when he or she is separated from
his or her parent(s).
3.1.1 The Principle of Family Unity
108.
International human rights law recognizes “the family” as a natural and fundamental
unit and entitled to protection by States.200 The
200 Universal Declaration of Human Rights (1948), art.
16(3); International Covenant on Civil and Political Rights
(1966), art. 23; International Covenant on Economic, Social
and Cultural Rights (1966), art. 10(1); American Convention
on Human Rights (1969), art. 17(1); Additional Protocol to the
American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (1988), art. 15(1); African
Charter on Human Rights and Peoples’ Rights (1981), art. 18.