status is dependent on that of their parents’.167 Deprivation of nationality of a parent could impact a child through derivative loss whereby the child’s nationality lapses as a direct consequence of the withdrawal of nationality from the parent or when the child is born after the parent is deprived of nationality. Again, such a negative impact on a child’s status is likely to be contrary to the non-discrimination principle in penalizing the child based on the status, activities, expressed opinions, or beliefs of the child’s parents and is likely to impact the enjoyment of other rights, including the right to family life.168 child and is most likely to contrary to any proportional- 94. Another way deprivation of nationality may impact a child affected by the foreign fighter phenomenon is when a person targeted for deprivation of nationality is still a child. As recruitment and use of children by armed groups is a violation of their rights and other provisions of international law, children who have been recruited or used should be considered primarily as victims. (See section 1.3.1 on the treatment of children primarily as victims.) Therefore, simply serving in an armed group should not be grounds for deprivation of nationality. In addition, in making any determination that children have committed crimes that are seriously prejudicial to the vital interests of the State, principles of juvenile justice must be applied, including a careful assessment of children’s mental capacity to commit the crime, maturity and capacity to understand the nature and the consequences of his or her acts. In short, stripping of a child of nationality goes against the best interests of the 2.1.3 Prevention of Statelessness 167 Committee on the Rights of the Child, concluding observations: Australia (1997) (CRC/C/15/Add.79), paras. 14 and 30, expressing concern that in some instances children can be deprived of their citizenship in situations in which one of their parents loses his or her citizenship; United Nations Interregional Crime and Justice Research Institute, Report on Children and Counter-Terrorism (2016), 42. 168 Convention on the Rights of the Child (1989), art. 2(2). ity requirement.169 Example from Tunisia—Constitutional prohibition of deprivation of nationality The 2014 Tunisian Constitution does not allow the Government to deprive a person of his or her nationality (article 25). Therefore, the Government cannot stop anybody from returning to the country under the Constitution. 95. A number of international instruments contain obligations relevant to preventing statelessness of a child.170 The Convention on the Rights of the Child, for example, emphasizes prevention of statelessness by requiring States parties to ensure the implementation of a child’s rights to be registered, to a name and to acquire a nationality.171 Under international human rights law, States are not required to confer nationality on every child born in their territory; however, they should take appropriate measures to ensure that every child born in their territory has a nationality, including through the adoption of relevant internal policies and co- 169 Counter-Terrorism Implementation Task Force Working Group on Promoting and Protecting Human Rights and the Rule of Law while Countering Terrorism, Guidance to States on human rights–compliant responses to the threat posed by foreign fighters (2018), 21. 170 Including Convention on the Rights of the Child (1989), Universal Declaration of Human Rights (1948) and Convention relating to the Status of Stateless Persons (1954) and Convention on the Reduction of Statelessness (1961). 171 Convention on the Rights of the Child (1989), art. 7(2); the same rights are enshrined in article 29 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). 43.