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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