European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria European States’ Obligations to Repatriate Children Detained in Camps in Northeast Syria This section sets out the sources, under European and international law, of European States’ legal obligation to proactively repatriate their child nationals. The arguments put forward here start with three overarching human rights considerations: the extraterritorial application of European States’ human rights obligations in relation to their child nationals detained in northeast Syria, the best interests of the child, and the right to be free from discrimination. Following this, the section examines several key substantive human rights arguments regarding: the right to nationality, the right to access consular assistance, the right to enter one’s own country, the right to life, the right to be free from torture and ill-treatment, the right to liberty and security, and the right of child victims of armed conflict to reintegration and recovery. In the context of children’s detention in the camps in northeast Syria, the effective protection of these rights creates an obligation to proactively repatriate the children, together with their primary caregivers. Proactive repatriation is not the same as simply allowing children and their primary caregivers to enter their country of nationality if they are released or escape from the camps and manage to return to their countries of nationality on their own. Nor does proactive repatriation simply mean repatriating children on a case-by-case basis, thereby prolonging their precarious situation and discriminating against children whose caregivers or relatives do not have the necessary resources to support legal proceedings. Proactive repatriation means that States must arrange for the repatriation of all of their child nationals, in accordance with the principle of “the child’s best interests” (see Section II.B. below). In practice, this usually includes: establishing nationality, if it is strictly necessary and with appropriate safeguards, this can mean facilitating DNA tests to determine paternity or maternity (see Section II.D. on the Right to Nationality); obtaining regular assurances of their physical and psychological well-being; providing appropriate medical care; issuing administrative documents, including identity and travel documents, to enable children’s assisted travel to their country of nationality; and contacting camp authorities, consular 21