214. Timely and effective sharing of information regarding children who may be missing and/or who may have been kidnapped, abducted, trafficked and exploited, can ensure that authorities take effective and appropriate actions when they come into contact with such children, including during routine border controls before travel is undertaken, upon arrival in another State’s territory or upon the child’s return. 215. As discussed in chapter 1, the Convention on the Rights of the Child, among other instruments, require States parties to protect the right to life of children. Hence, data collection and exchange for the sake of protecting the child is likely to be a legitimate aim. However, the purpose of data collection and exchange must be clearly stated in relevant legislation in accordance with the principle of legality. In addition, the information collected for the purposes of protection should not be used or shared for any other purpose.446 Instead, a child’s data should be used only in measures to protect the child. The use of firewalls may be such a measure to ensure protection of the rights of the child. Firewalls are measures to separate States’ immigration enforcement activities from other activities, such as criminal justice processes. Such measures ensure that immigration authorities do not have to share information concerning the immigration status of each child with other institutions.447 To monitor a child, as a potential suspect, because the parent is suspected of terrorist crimes 216. The Convention on the Rights of the Child requires States parties to respect and ensure children’s rights without discrimination, including discrimination on the basis of the status, activities, expressed opinions or beliefs of the child’s parents.448 Children whose parents have been labelled or suspected of terrorist activity must also be protected from all forms of discrimination and stigmatization.449 Hence, the information of children should not be collected and shared for monitoring or surveillance only on the basis of the parents actual or alleged terrorist activity. 217. Collecting and exchange of information of a child purely for his or her association with a family member suspected of a terrorist offense may also violate the child’s due process and right to receive individual examination, including for immigration purposes. This may in turn also lead to violation of the prohibition on collective expulsions under 446 Ibid., para. 24. 447 OHCHR and Global Migration Group Working Group on Migration, Human Rights and Gender, Principles and Guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations, available at www.ohchr.org/Documents/Issues/Migration/PrinciplesAndGuidelines.pdf, 12. 448 Convention on the Rights of the Child (1989), art. 2(2). 449 Committee on the Rights of the Child, Report and Recommendations of the Day of General Discussion on “Children of Incarcerated Parents” (2011), para. 33. 97.

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