European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria A. Right to Family Life and Family Unity and the Best Interests of the Child International law provides for a right to family life, which applies to all human beings regardless of their status. The right to family unity is inherent in the universal recognition of the family as the fundamental group unit of society, which is entitled to protection and assistance.476 International law prohibits arbitrary or unlawful interference with one’s family life. 477 The family is considered the natural environment for the growth and wellbeing of its members, particularly children.478 Accordingly, children have the right to preserve family relations as part of their identity without unlawful and arbitrary interference. 479 Preventing family separation and preserving family unity are considered important components of this right, and international law stresses that children must not be separated from their parents against their will, unless a competent authority with judicial review determines it to be in the children’s best interests.480 The term “family” must be interpreted in a broad sense, and separation should be avoided not only from biological parents, but also from any person holding custody rights, any legal or customary primary caregivers, foster parents, members of the extended family or community, or other persons with whom the child has a strong personal relationship. 481 Separating a child from their parents should be considered only when there are “reasonable grounds” to believe that a child is, or is likely to be, exposed to severe abuse or neglect by their parents.482 Given the gravity of the impact on the child, separation should only occur as a measure of last resort—for example when the child is “in danger of experiencing imminent harm or when otherwise necessary”—and separation should not take place if less intrusive measures could protect the child. 483 Moreover, States have an 476 UDHR, Article 16(3); ICCPR, Article 23(1), ICESCR, Article 10(1), ICMW, Article 4 and 44, CRC, preamble; ECHR, Article 8. See also: UNHCR, “Summary Conclusions: Family Unity”, Expert roundtable organized by UNHCR and the Graduate Institute of International Studies,” 8–9 November 2001, in “Refugee Protection in International Law: UNHCR's Global Consultations on International Protection,” Feller et al. (eds), CUP, 2003, pp. 604-608, para. 1. 477 ICCPR, Article 17(1); ECHR, Article 8. 478 CRC, preamble. 479 CRC, Articles 8(1) and 16. 480 CRC, Article 9(1). 481 CRC, Article 4. CommRC, “General Comment No. 14 (2013),” para. 59-60; HRComm, “General Comment No. 16: Article 17 (Right to Privacy), The Right to Respect of Privacy, Family, Home and Correspondence, and Protection of Honour and Reputation”, 8 April 1988, para. 5. 482 CRC, Article 9(1). 483 CommRC, “General Comment No. 14 (2013),” para. 61. 81