diminishing the child’s access to services or education, freedom of movement, or enjoyment of other rights. States are advised to collect and exchange the information of a child as a potential suspect of terrorist crimes, only if: (i) the child is above a minimum age of criminal responsibility consistent with international juvenile justice standards; (ii) there is reasonable suspicion to believe that the child has committed terrorist crimes or is at risk of committing terrorist crimes and no less restrictive measures can limit that risk; (iii) the placement of a child on such a list is evaluated by authorities on a case-by-case basis, based on clear criteria for the inclusion of individuals’ names on watch lists and in databases and comprehensive safeguards are in place (see section 8.1.3 below) throughout the duration of the child’s placement on the list; and (iv) effective oversight and redress mechanisms are developed to ensure the protection of children’s rights, particularly given the potential lifelong implications on affected children. 8.1.3 Procedural Safeguards to Ensure Protection of the Rights of the Child in Collecting and Exchanging Data Regulatory framework 224. Under the International Covenant on Civil and Political Rights, private information about an individual may be stored only if it is essential to the interests of society,459 a standard that requires close and careful consideration when the private information of a child is at risk. These measures should also include strict enforcement of appropriate rules on the collection, use, retention and access to the information.460 There should also be a sunset clause to ensure that the information in the database is expunged after a certain period of time.461 Transparency 225. States should ensure every child’s right to know who is in possession of her or his personal data, so that a child may request the rectification of information or the elimination of her or his data when it is held or distributed in contravention of law.462 States should ensure each child’s right to ascertain any personal information stored about them, such as their name being included in a database, as well as her or his right to know the purposes for which it is being stored.463 Inclusion of the information of those above an internationally recognized minimum age of criminal 459 Human Rights Committee, general comment No. 16 (1988), para 7. 460 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; UNOCT and CTED, United Nations Compendium of Recommended Practices for the Responsible Use and Sharing of Biometrics in Counter Terrorism (2018), 36; S/2018/1177, principle 2. 461 United Nations University, Cradled by Conflict: Child Involvement with Armed Groups in Contemporary Conflict (2018), 230; see also CRC General Comment 10 para 67, recommending the automatic removal from any criminal records of a child’s name once they reach 18, or under conditions such as not having committed an offense within a stipulated time period 462 Human Rights Committee, general comment No. 16 (1988), para. 10. 463 UNICEF, Implementation Handbook for the Convention on the Rights of the Child (2007), 209. 100.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents