European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
European States’ Obligations to
Repatriate Children Detained in
Camps in Northeast Syria together
with their Primary Caregivers
Children in the camps should be repatriated together with their primary
caregivers in accordance with their best interests and the right to family life
and family unity. Thus, the repatriation of children requires repatriation of
some women in the camps, because of their role as primary caregivers. 472 As
such, children’s rights experts 473 and European political bodies have also
called for the repatriation of the children together with their primary
caregivers. For example, the CoE Parliamentary Assembly urged European
States to “repatriate children together with their mothers or primary care
givers, unless it is not in the best interest of the child,”474 and the European
Parliament urged EU Member States to “repatriate all European children,
taking into account their specific family situations and the best interests of
the child as a primary consideration.”475
While European States may have an obligation to repatriate all adults in the
camps, this briefing paper employs a child’s rights perspective. Thus,
according to the right to family life and family unity, children in the camps
should be repatriated together with those adults who have been their primary
caregivers, unless this is not in the children’s best interests. The principle of
best interest of the child and the right to family life and family unity are
interrelated and will be analyzed together, below.
472 This does not mean that States have no obligation to repatriate the adults detained in the camps,
independently from the children. However, this issue is beyond the scope of this briefing paper and
deserves separate analysis.
473
See, for example, Children’s Rights Ombudspersons (Belgium), “Recommendations From the Children’s
Rights Ombudspersons of Belgium to Deal with the Children Returning in Belgium from Jihadist Zones,”
no date, p. 2.
474 PACE, “Resolution 2321 (2020),” 30 January 2020, para. 8.1.2.
475 European Parliament, “Resolution of 26 November 2019 on Children’s Rights on the Occasion of the 30th
Anniversary of the UN Convention on the Rights of the Child,” para. 61.
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