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. 28

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