European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria The Right to Be Free from Torture and Ill-Treatment Human dignity and the right to physical and psychological integrity and to equal protection under the law are widely recognized in international and European human rights law. States have an obligation to respect and ensure that no one shall be subjected to torture or other cruel or inhuman treatment or punishment.402 Freedom from torture and inhuman treatment is an absolute403 and non-derogable404 human right. Children in particular must be protected from torture and other cruel, inhuman or degrading treatment or punishment. 405 Under international human rights law, States must take all appropriate legislative, administrative, and social measures to protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of the parent(s), legal guardian(s), or any other person who has the care of the child.406 Accordingly, States have the duty to ensure that no one shall be subjected to torture or cruel or inhuman treatment, 407 including by taking preventive measures.408 States must take effective legislative, administrative, judicial, or other measures to prevent acts of torture in any territory under their jurisdiction409 and to implement safeguards against torture and illtreatment.410 Such safeguards include: access to legal and medical assistance, notification of detention and communication with the outside world, and the right of individuals deprived of their liberty in any situation to challenge the 402 ICCPR, Article 7; CAT, Article 2; ECHR, Article 3. 403 ECtHR, “Ireland v. UK,” Application No. 5310/71, 18 January 1978, para. 163. 404 HRComm, “CCPR General Comment No. 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment),” 1992, para. 3. CRC, Article 37(a). 406 CRC, Article 19; CommRC, “General Comment No. 8 (2006): The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment (Arts. 19; 28, Para. 2; and 37, inter alia),” 2007, CRC/C/GC/8, para. 18. 407 ECHR, Article 3 (see, for example, ECtHR, “A. v the UK,” 23 September 1998, para. 22); ICCPR, Article 7; CRC, Article 37(a). 408 CAT, Article 2(1); HRComm, CCPR “General Comment No. 20: Article 7,” para. 8, 11; ECtHR, “A. v the UK,” para. 22. 409 CAT, Article 2(1). 410 UNGA, “Note by the Secretary-General on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment: Note by the Secretary-General,” A/70/303, 7 August 2015, para. 37; UNGA, “Resolution 55/89 on Torture and other cruel, inhuman or degrading treatment or punishment” A/RES/55/89, 22 February 2001; Aisling Reidy, “The Prohibition of Torture: A Guide to the Implementation of Article 3 of the ECHR,” Human Rights Handbooks no. 6, CoE, 2002. 405 70