1.2.3 Inherent Right to Life, Survival and Development 69. Another critical principle under the Convention on the Rights of the Child is a child’s inherent right to life and to maximum survival and development.120 The term “development” should be interpreted in its broadest sense, encompassing the child’s physical, mental, spiritual, moral, psychological and social development.121 States should adopt special measures designed to protect the life of every boy and girl, in addition to the general measures required for protecting the lives of all individuals under its jurisdiction.122 Ensuring survival and full development in a peaceful environment of children affected by the foreign fighter phenomenon and is also likely to be critical in preventing them from becoming threats in the future. 70. Ensuring a child’s development is closely linked with ensuring freedom from all types of violence, including armed conflict, psychological mistreatment, neglect and sexual violence. States are to provide legislative and regulatory frameworks and protocols aimed at contributing positively to the child’s rehabilitation and reintegration when she or he has been subjected to violence.123 This is especially relevant for children who have been recruited and used by designated terrorist groups. 71. Ensuring a child’s right to survival and development is particularly important in situations in which children are released from an armed group outside their State of nationality.124 They are particularly vulnerable to further violations of their rights, including possible re-recruitment and use in hostilities, trafficking and other forms of exploitation.125 The child’s country of nationality and the host country both have obligations to ensure the child’s exit from the group and appropriate assistance.126 A punitive approach without consideration of the child’s rights can result in lasting consequences for their development and negatively impact their opportunities for social integration (see chapter 5 on rehabilitation and reintegration). A State should not circumvent its responsibility to provide such assistance by arbitrarily denying or delaying the recognition of the child’s nationality (see chapter 2 on ensuring the right to nationality). 72. As discussed in the introduction, the State of a child’s nationality is encouraged to extend protective measures to a child in a vulnerable situation outside of its territory when the State’s decision impacts the child’s life in a foreseeable manner. Such States are encouraged to repatriate their nationals and fulfill their rights upon return. On the other hand, a critical obligation of the host State is to refrain from returning a child to any country when there is a risk of irreparable harm.127 Such harm may encompass torture and ill-treatment in the process of prosecution for alleged 120 Convention on the Rights of the Child (1989), art. 6. 121 Committee on the Rights of the Child, general comment No. 5 (2003) on general measures of implementation of the Convention on the Rights of the Child, para.12. 124 The Paris Principles (2007), para. 7.22. 122 International Covenant on Civil and Political Rights (1966), arts. 6 and 24; Human Rights Committee, general comment No. 36 (2018), para.23. 126 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000), arts. 6 and 7. 123 Convention on the Rights of the Child (1989), art. 39, Committee on the Rights of the Child, general comment No. 13 on the right of the child to freedom from all forms of violence (2011). 127 Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families No. 22 (2017) of the Committee on the Rights of the Child, para 45. 125 A/73/278, paras. 10-11. 33.

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