European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
Even if the revocation of nationality of a parent does not extend to their
children under the domestic legislation of the State concerned, any decision
on the revocation of parents’ nationality should also take into account the
impact on any children involved.297 Deprivation of nationality is an extreme
measure for the individuals targeted and especially for any children
associated with them. 298 The best interests of the child must be the primary
consideration in all proceedings affecting the nationality of children,
including in any possible nationality proceeding against their parents. 299
Indeed, at the very least, the revocation of nationality of a parent may result
in less secure legal status and a higher risk of statelessness for their children,
including those born after the deprivation. This may render the revocation of
nationality, on otherwise lawful grounds, nonetheless unlawful or
arbitrary.300 Even where the parent is in possession of another nationality or
may be able to acquire another nationality, the loss of nationality may render
children stateless in case of birth after the loss of nationality.
The Right to Access Consular Assistance
The possibility of repatriation of European children and their primary
caregivers detained in the camps is contingent on the provision of consular
services.301 Considering the current situation in the camps, if European
States do not provide consular assistance, there is, in practice, no real way
for most of the children to acquire or prove their nationality, to get their
travel documents, return to their own countries, or to contest their arbitrary
297 OSCE/ODIHR, “Guidelines for Addressing the Threats and Challenges of ‘Foreign Terrorist Fighters’
within a Human Rights Framework”, 2018, p. 70.
Helen Duffy “Foreign Terrorist Fighters”: A Human Rights Approach?”, 2018, p. 149 ff. See also:
CommRC, “Concluding Observations: Australia”, CRC/C/15/Add.79, 21 October 1997, para. 14 and 30,
expressing concern that in some instances children can be deprived of their citizenship in situations in
which one of their parents loses his or her citizenship; and recommends States that no child be deprived
of his/her citizenship on any ground, regardless of the status of his/her parent(s).
299 1961 Convention on the Reduction of Statelessness; ISI/OSJI, “Principles on Deprivation of Nationality as
a Security Measure”, 2020, Principle 9.7.3, p. 15; UNHCR, “Guidelines on Statelessness No. 5: Loss and
Deprivation of Nationality under Articles 5-9 of the 1961 Convention on the Reduction of Statelessness”,
HCR/GS/20/05, May 2020.
300
Andrea Olivares Jones and Karin Frodé, “Children of Foreign Fighters: Australia’s Responsibility to
Repatriate”, Castan Centre in Australia, 20 November 2019. See also, for example: Samantha Maiden,
“Kids of Jihadi Bride Zehra Duman May Have Lost Right to Claim Australian Citizenship”, The New
Daily, 9 October 2019.
301 UNSG, “Key Principles for the Protection, Repatriation, Prosecution, Rehabilitation and Reintegration of
Women and Children with Links to United Nations listed Terrorist Groups”, April 2019, p. 3.
298
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