Children are particularly susceptible to
stigmatization, and research on labelling
processes has shown that there are detrimental
effects from identifying young persons as being
in conflict with the law.453 This is so even in cases in which they are ultimately acquitted of the
alleged offence, where the finding of guilt is not
held in any record, the sentence becomes “spent”
or when the law provides that the finding of guilt
is not to disqualify the child in the future from any
job or post.454 These implications may be heightened when children are believed to be associated
with terrorist groups. Children who have been
stigmatized or associated with criminal activity in
the past have been found to experience extreme
hardship later on in securing education, housing,
employment and other undertakings necessary to
their development.455
221.
As stressed in the Security Council
resolution 2427 (2018), children associated with
armed groups, including children who have committed crimes, must be treated primarily as victims (see section 1.3.1 on treatment of children
primarily as victims). As discussed in chapter 3,
States have an obligation to rehabilitate and reintegrate children recruited and used by terrorist
groups. Collecting and exchanging the information of a child who may be a potential security risk
and the stigma associated with it could be a barrier to reintegration and normalization for children
who have been victims of human rights violations.
They may have been victimized by a terrorist group
and then further stigmatized upon release. States
must not collect and exchange the information of
453 The Beijing Rules (1985), rule 8 on protection of privacy.
children formerly associated with armed groups
for heightened surveillance or monitoring on the
basis of prior association alone, particularly when
the data may be used for law enforcement and
counter-terrorism practices such as travel ban
lists.
222. The right to non-discrimination is also
crucial for children affected by the foreign
fighter phenomenon who travelled across borders, because children in foreign countries may
face higher risks of discriminatory treatment.456
States must ensure that all counter-terrorism
measures do not subject the child to racial or
ethnic profiling, stereotyping or any other form
of discrimination.457 Additionally, States must
address and take action against any tendencies
that target, stigmatize, stereotype or profile
on a discriminatory basis, giving special
consideration to populations who have been
targeted by politicians, officials, the media and
other electronic communication networks.458
Because the issue of the potential threat posed
by children affected by the foreign fighter
phenomenon is politically charged and a
widely debated, any actions taken that target or profile these children must be closely
monitored to ensure the absence of political
bias or pressure from the media as well as
the inclusion of respect for the child’s rights.
223. When States find that the threshold is
met for the placement of a child on a watch list
or database, the state must take steps to ensure
that the child’s inclusion on the list or database
does not result in the discriminatory treatment
of that child, including through depriving or
454 Ibid.
455 Jamaal Abdul-Alim, “Juvenile Records Often Have Lifelong Consequences, Experts Say”, Juvenile Justice Information
Exchange (2015), available at https://jjie.org/2015/06/29/juvenile-records-often-have-lifelong-consequences-expertssay/.
456 Committee on the Elimination of Racial Discrimination,
general recommendation no. 30 (2003), para.8.
457 Ibid., para. 10.
458 Ibid., para. 12.
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