of adequate State efforts towards the realization of rights, exacerbated by discrimination, could provide opportunities for exploitation by violent extremists. Consequently, ensuring human rights–compliant reintegration strategies and programmes for children affected by the foreign fighter phenomenon would contribute to public security.109 Parents in conflict with the law 63. States are to give special considerations to children who have been affected by their parents’ conflict with the law.110 Such considerations apply to children whose parents are accused or convicted of being foreign fighters. States are to ensure that these children are treated as victims and do not have their rights infringed upon because of their parents’ status as criminals or otherwise.111 Detaining children or otherwise penalizing children based on allegations against their parents is discriminatory and is specifically forbidden under the Convention on the Rights of the Child.112 The actions or choices of parents should not be attributed to their children. 64. At the same time, preserving family unity is an important component of the best interests of the child assessment. Given the gravity of the impact on the child of separation from his or her parents or other family members, the best interests assessment should consider that separation should not take place if less intrusive measures could protect the child (see chapter 3 on 109 United Nations Plan of Action to Prevent Violent Extremism (2015), para. 29. 110 Committee on the Rights of the Child, general comment No. 14 (2013), para. 28 preserving family unity).113 Unaccompanied or separated children 65. When a child is unaccompanied or separated from her or his guardians, States should provide additional safeguards in determining the child’s best interests. Unaccompanied and separated children are extremely vulnerable to violence, exploitation, abuse and other violations of their rights. States should appoint a competent legal guardian for unaccompanied children to ensure respect for their best interests. When administrative or judicial proceedings are involved, unaccompanied or separated children should be provided with a legal representative in addition to a guardian (see chapter 3 on preserving family unity).114 The best interests of the child assessment and determination 66. People who make decisions concerning children on a daily basis, such as parents, guardians, and teachers, must also respect and reflect the child’s best interests. Parents or legal guardians and where applicable, the members of the extended family or community as provided for by local custom, have primary responsibility for the care and development of children, and children’s best interests should be their primary concern.115 Authorities are responsible for supporting parents or legal guardians to undertake that responsibility. 67. When authorities are making a decision relating to an individual child, they must establish formal processes, with strict procedural 113 Committee on the Rights of the Child, general comment No. 14 (2013), paras 60-61. 111 Ibid. 114 Committee on the Rights of the Child, general comment No. 6 (2005), paras 20-21. 112 Convention on the Rights of the Child (1989), art. 2(2). 115 Convention on the Rights of the Child (1989), art. 5. 31.

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