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 53

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