European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
may be victims of terrorism146 or trafficking147 and the impact of terrorism148
or trafficking on children and their rights.
Third, when determining and assessing the child’s best interests, the
CommRC notes that special attention should be paid to key safeguards and
guarantees. These include children’s time perception and how delays in
decision making negatively affect children as they mature.149 Thus,
procedures impacting children should be prioritized and completed in the
shortest time possible150 and children’s needs must be assessed by
professionals with expertise in matters related to child and adolescent
development.151 European States appear to have failed to take into
consideration the time perception of the children in the camps in northeast
Syria since case-by-case repatriations are prolonged proceedings, which, in
turn, prolong the violation of the children’s rights.
Fourth, if a child’s best interests, once assessed and determined, conflict
with interests or rights of other individuals or the public-at-large, such as
public safety interests, decision-makers have to analyze and weigh the rights
of all those concerned, taking into account that the child’s interests have
comparatively high priority.152 Thus, European States must take the best
interests of the child as the primary consideration 153 when deliberating on the
issue of their repatriation from the camps, even when such interests are
perceived to conflict other interests.
Leaving the children in the camps; in continued detention; in lifethreatening conditions; with a severe lack of basic healthcare, access to
food, water, sanitation facilities, and education; at risk of indoctrination into
ISIS ideology; and at risk of statelessness (see Section II.D. below, on the
Right to Nationality),154 is undoubtedly contrary to their best interests. In
146
Annex to the letter dated 28 December 2018 from the Chair of the Security Council Committee
established pursuant to resolution 1373 (2001) concerning counter-terrorism addressed to the President of
the Security Council, “2018 Addendum to the 2015 Madrid Guiding Principles,” S/2018/1177, Guiding
Principle 7 (b).
147 Reprieve, “Trafficked to Syria: British Families Detained in Syria after Being Trafficked to Islamic
State,” April 2021.
148 Annex to the letter dated 28 December 2018 from the Chair of the Security Council Committee
established pursuant to resolution 1373 (2001) concerning counter-terrorism addressed to the President of
the Security Council, “2018 Addendum to the 2015 Madrid Guiding Principles,” S/2018/1177, Guiding
Principle 7 (c).
149 CommRC, “General Comment No. 14 (2013),” para. 93.
150
Ibid.
151 Ibid, para 94-95.
152 Ibid, para. 39 and 6(a).
153 Ibid, para. 6(a), 39.
154 See: Institute on Statelessness and Inclusion and Open Society Justice Initiative, “Principles on
Deprivation of Nationality as a Security Measure,” para. 9.7.1.
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