European States’ Obligations to Repatriate the Children Detained in Camps in Northeast Syria
participate, directly or indirectly, in hostilities. By leaving them in the
camps, European States are failing to take “feasible measures” 458 to prevent
them from becoming committed, or further committed, to ISIS ideology and
possible recruitment.
ii.
Children Should Have Access to Rehabilitation and
Reintegration Policies
International human rights law places an obligation on States to take all
appropriate measures to promote the physical and psychological recovery
and social reintegration of a child victim of: any form of neglect,
exploitation, or abuse; torture or any other form of cruel, inhuman or
degrading treatment or punishment; or armed conflict.459
States must treat children separated from armed groups as victims and
provide them with access to specialized and quality rehabilitation and
reintegration services,460 in accordance with their best interests. 461
International law stresses that children’s recovery and reintegration must
take place in an environment that fosters the health, self-respect, and dignity
of the child.462
Recovery and rehabilitation support is essential to ensure that children in the
camps can enjoy their fundamental rights. 463 The UNSC has highlighted that
States should pay particular attention to the treatment of children associated
or allegedly associated with non-State armed groups, including those who
commit acts of terrorism, by establishing standard operating procedures for
the rapid handover of these children to relevant civilian child protection
actors.464 In the same vein, the CoE Parliamentary Assembly stressed that
European States have both a human rights obligation and a humanitarian
458 CRC Article 38 refers to persons under the age of 15, whereas Article 1 of the “Optional Protocol to the
Convention on the Rights of the Child on the Involvement of Children in Armed Conflict” refers to
persons under the age of 18.
459 CRC, Article 39. See also: “Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict,” Article 6(3), which dictates that States must take “all
feasible measures to ensure that persons within their jurisdiction recruited or used in hostilities contrary to
[the] Protocol are demobilized or otherwise released from service. States Parties shall, when necessary,
accord to these persons all appropriate assistance for their physical and psychological recovery and their
social reintegration”.
460 UNSC, “Resolution 2427 (2018),” (2018), p. 2.
461
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, pp. 5, 7.
462 CRC, Article 39; UNSC, “Resolution 2427 (2018),” p. 2.
463 UNCCT, “Handbook Children Affected by the Foreign-Fighter Phenomenon: Ensuring a Child RightsBased Approach,” 2019, p. 65.
464 UNSC, “Resolution 2427” (2018), para. 19 and 21.
78
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents