international human rights law.450 Significantly, in
migration contexts, children’s personal data, in
particular biometric data, should be used only
for the purposes of identifying and protecting the
child and ensuring the child’s best interests.451 As
discussed earlier, the right to freedom of
movement, in turn, also impacts the enjoyment of
other rights.
218.
Monitoring of the child because of an
allegation against the parents may be argued
to be necessary for the legitimate aim of protecting public security. However, given the significant
implications on the best interests of the child
and non-discrimination principle, among others,
it is clear that such measures on the basis
of the allegation against the parents alone
450 The prohibition is on the basis that such mass expulsions
deny individual migrants with the reasonable and objective
examination of and decision on each person’s individual case,
rendering collective expulsions as inherently arbitrary and therefore prohibited. International Convention on the Protection of
the Rights of All Migrant Workers and Members of their Families
(1990), art. 22(1); Committee on Migrant Workers, general comment No. 2 (2013) on the rights of migrant workers in an irregular
situation and members of their families, para. 51; 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.47; Human Rights Committee, General Comment No. 15 (1986) on the
position of aliens under the Covenant, para.10; Committee on the
Elimination of Racial Discrimination, general recommendation
no. 30 (2003) on discrimination against non-citizens, para. 26; A/
HRC/36/39/Add.2, paras. 33, 60; A/72/335, para. 93; A/HRC/37/50,
para.4. 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. 17; see also UNOCT and CTED, United Nations
Compendium of Recommended Practices for the Responsible Use
and Sharing of Biometrics in Counter Terrorism (2018), 31-32.
451 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. 17; see also UNOCT and CTED,
United Nations Compendium of Recommended Practices for
the Responsible Use and Sharing of Biometrics in Counter
Terrorism (2018), 31-32.
98.
would not be considerered proportionate
to the aim or the least intrusive option.
To monitor the child on security grounds
219.
The principle of the best interests of the
child must govern a State’s decision to collect, use
and share information about a child, including
what data is collected, how it is used, and the
length of time the data is retained. The principle
also applies when security services are concerned
that a child may pose security threat. As discussed
in section 1.2.2 on the best interests of the child
principle above, there may be situations in which
the best interests of the child and those of others,
including the public, may be potentially in conflict.
States may determine a child to be a security threat, including due to past actions taken
while with a terrorist designated group, although
children should not be deemed a security threat on
the basis of association with such a group alone.
220.
In general, the association of any individual
with a watch list or database of known or suspected
terrorists will likely have a very negative impact on
his or her life, with legal, social and reputational
consequences for the individual and his or her
family, particularly in the case of potential data
leakage.452 Placing a child on a watch list or database of suspected terrorists may carry additional
serious ramifications for a child’s future and could
be especially damaging if effective independent
oversight of the entire watch list or database is
not provided, with particular attention paid to
data-management functions and the purposes
for which the data will be used and to avoid
any unauthorized extension of scope or access.
452 A/HRC/14/46, para. 37; International Commission
of Jurists, Addressing Damage, Urging Action. Report of
the Eminent Jurists Panel on Terrorism, Counter-Terrorism
and Human Rights (2009), available at www.refworld.org/
docid/499e76822.html.
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