European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria right to express their views in all matters affecting them, including in judicial and administrative proceedings, 139 such as in the context of separation from parents, unaccompanied children, asylum-seeking and refugee children, victims of armed conflict and other emergencies, and decisions about protection. 140 There is no age limit on the right of the child to express their views and States are discouraged from “introducing age limits either in law or in practice that would restrict the child’s right to be heard in all matters affecting her or him.” 141 The child’s comprehensive knowledge of all aspects of the matter affecting them is not necessary. 142 What is necessary is that the child has sufficient understanding to be capable of appropriately forming her or his own views on the matter. 143 In assessing and determining the best interests of the children in the camps, it appears that European States have overwhelmingly failed to take into account those children’s views. Second, according to the CommRC, for collective decisions, the concept of the child’s best interests must be assessed and determined in light of the circumstances of the particular group of children. 144 Thus, in addition to individual characteristics of the children concerned, 145 States should also take into consideration the extreme vulnerability of the children arbitrarily detained in the camps, and the many roles that children associated with “foreign fighters” may have served, while recognizing that such children CRC, Article 12; CommRC, “General Comment No. 14 (2013),” para. 43-45; CommRC, “General Comment No. 12 (2009): The Right of the Child to Be Heard,” CRC/C/GC/12, 20 July 2009, para. 32. 140 CommRC, “General Comment No. 12 (2009),” para. 32 141 Ibid, para. 21; See, for example: CommRC, “C.E. v. Belgium,” CRC/C/79/D/12/2017, 27 September 2018, para. 8.6 – 8.9. 142 CommRC, “General Comment No. 12 (2009),” para. 21; See also: CommRC, “C.E. v. Belgium,” 2018, para. 8.6 – 8.9. 143 Ibid. 144 CommRC, “General Comment No. 14 (2013),” Article 32. 145 Such as, inter alia, age, sex, level of maturity, experience, belonging to a minority group, having a physical, sensory or intellectual disability, as well as the social and cultural context in which the child or children find themselves, such as the presence or absence of parents, whether the child lives with them, quality of the relationships between the child and his or her family or caregivers, the environment in relation to safety, the existence of quality alternative means available to the family, extended family or caregivers, etc. See: CommRC, “General Comment No. 14 (2013),” para. 48. 139 27

Select target paragraph3