immigration status or statelessness.86 This means that States cannot apply laws in a discriminatory way or treat any child differently based on his or her nationality, legal or other status, or alleged affiliation to foreign nationals who are suspected of being or who are fighting with armed groups on their territory. The principle equally applies to those children suspected of being foreign fighters.87 The principle of treatment without any adverse distinction founded on race, colour, religion or faith, sex, birth, wealth or any similar criteria is also contained in international humanitarian law and applies to persons who are being detained.88 Discrimination based on parents’ status 52. Significantly, the principle of nondiscrimination means that States must protect children from discrimination and punishment based on the “status, activities, expressed opinions, or beliefs” of their “parents, legal guardians, or family members.”89 This has significant implications for children affected by the foreign fighter phenomenon. Children cannot be discriminated against, by law or by practice, even when their parents or primary caregivers are suspected or convicted of being foreign fighters. Such discrimination would constitute collective punishment. Children must not be discriminated 86 Committee on the Rights of the Child, general comment No. 6 (2005), para. 12. against or punished because of their parents’ or family members’ alleged or proven involvement in armed groups, including designated terrorist groups. That also means that children born to foreign fighters should not have that status reflected in any way on their birth certificates. Discrimination against children used by designated terrorist groups 53. Children recruited and used in hostilities by designated terrorist groups have a right to equal access to services that can assist in their reintegration. Reintegration measures should avoid stigmatization and be free from negative distinctions between children who were recruited and used by designated terrorist groups and those who were not.90 While individualized assessments are needed to ascertain each child’s rehabilitation and reintegration needs, all children who have been involved in conflict are vulnerable and should be treated primarily as victims and survivors of human rights violations.91 At the same time, when properly understood, the nondiscrimination principle does not prevent, and in fact calls for, differentiation based on different protection needs. Such different protection needs may derive from age, gender, disability and other factors, as well as the nature of linkage with designated terrorist groups and the specific experiences of individual children and/or groups of children.92 87 Ibid.; 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. 21. 88 Geneva Conventions of 12 August 1949, common art. 3(1). 89 Convention on the Rights of the Child (1989), art. 2(2); see also, Human Rights Committee, M.M.M. et al. v. Australia, communication No. 2136/2012 (2013), para. 10.4 (The Human Rights Committee found the detention of a minor child whose parent was deemed a security risk to be “arbitrary and contrary to article 9, paragraph 1 of the Covenant”). 28. 90 The Paris Principles (2007), principle 3.3. 91 Security Council resolution 2396 (2017); Security Council resolution 2427 (2018). 92 Committee on the Rights of the Child, general comment No. 6 (2005), para. 18.