of adequate State efforts towards the realization
of rights, exacerbated by discrimination, could
provide opportunities for exploitation by violent extremists. Consequently, ensuring human
rights–compliant reintegration strategies and
programmes for children affected by the foreign
fighter phenomenon would contribute to public
security.109
Parents in conflict with the law
63.
States are to give special considerations
to children who have been affected by their parents’ conflict with the law.110 Such considerations
apply to children whose parents are accused or
convicted of being foreign fighters. States are to
ensure that these children are treated as victims
and do not have their rights infringed upon because of their parents’ status as criminals or otherwise.111 Detaining children or otherwise penalizing children based on allegations against their
parents is discriminatory and is specifically forbidden under the Convention on the Rights of the
Child.112 The actions or choices of parents should
not be attributed to their children.
64.
At the same time, preserving family unity
is an important component of the best interests
of the child assessment. Given the gravity of the
impact on the child of separation from his or her
parents or other family members, the best interests assessment should consider that separation
should not take place if less intrusive measures
could protect the child (see chapter 3 on
109 United Nations Plan of Action to Prevent Violent Extremism (2015), para. 29.
110 Committee on the Rights of the Child, general comment
No. 14 (2013), para. 28
preserving family unity).113
Unaccompanied or separated children
65.
When a child is unaccompanied or separated from her or his guardians, States should provide
additional safeguards in determining the child’s best
interests. Unaccompanied and separated children
are extremely vulnerable to violence, exploitation,
abuse and other violations of their rights. States
should appoint a competent legal guardian for
unaccompanied children to ensure respect for
their best interests. When administrative or judicial
proceedings are involved, unaccompanied or
separated children should be provided with a legal
representative in addition to a guardian (see chapter
3 on preserving family unity).114
The best interests of the child assessment and
determination
66.
People who make decisions concerning
children on a daily basis, such as parents, guardians,
and teachers, must also respect and reflect the child’s
best interests. Parents or legal guardians and where
applicable, the members of the extended family or
community as provided for by local custom, have
primary responsibility for the care and development
of children, and children’s best interests should be
their primary concern.115 Authorities are responsible
for supporting parents or legal guardians to undertake that responsibility.
67.
When authorities are making a decision
relating to an individual child, they must establish formal processes, with strict procedural
113 Committee on the Rights of the Child, general comment
No. 14 (2013), paras 60-61.
111 Ibid.
114 Committee on the Rights of the Child, general comment
No. 6 (2005), paras 20-21.
112 Convention on the Rights of the Child (1989), art. 2(2).
115 Convention on the Rights of the Child (1989), art. 5.
31.