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
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