SECTION 3: Preserving Family Unity 105. The right to family unity is a key basis of action taken within child protection systems. Family-based care is always preferred if it is in the best interests of the child. Preservation of and support for family unity goes beyond the parentchild relationship, extending to sibling groups and extended family. Maintaining family unity, especially in relation to children affected by the foreign fighter phenomenon can also improve security outcomes. Children who are unaccompanied and without family-based care are more likely to have their rights violated, including being at risk for recruitment into armed groups. In relation to those families in the areas previously under the control of armed groups, including designated terrorist groups, taking some family members and leaving others behind is likely to fuel resentment towards such a state policy. Those left behind are likely to be more vulnerable, while remaining under the influence or control of armed groups and at a higher risk of continuing rights violations. sion to countries may also result in separation of children from their parents when some family members do not have the required documentation. Some countries of nationality take a position to accept only children returning from conflict zones, not their parents. With such a policy, the repatriation process itself can lead to separation. Differential treatment based on age can also result in separation of siblings, with children above the minimum age of criminal responsibility being separated from their younger siblings. 106. In reality, many children affected by the foreignfighter phenomenon face the possibility of separation from their parents or primary caretakers. Recruitment and use of children can also cause family separation. Children may be separated from their parents or primary caregivers as a result of conflict, displacement, as well as the death or detention of one or both parents. Children who become separated may join armed groups to try to protect themselves and access basic services. In addition, individuals suspected of being foreign fighters are often placed in detention and/or criminal proceedings. Children may be separated from their detained parents. Security screening processes and requirements for documentation for readmis- 3.1 International Human Rights Law and Standards 50. 107. The present chapter highlights family unity as a primary rule under international human rights and humanitarian law. The chapter further summaries human rights considerations in avoiding family separation and facilitating family reunification. The chapter concludes by summarizing international standards in ensuring the child’s rights when he or she is separated from his or her parent(s). 3.1.1 The Principle of Family Unity 108. International human rights law recognizes “the family” as a natural and fundamental unit and entitled to protection by States.200 The 200 Universal Declaration of Human Rights (1948), art. 16(3); International Covenant on Civil and Political Rights (1966), art. 23; International Covenant on Economic, Social and Cultural Rights (1966), art. 10(1); American Convention on Human Rights (1969), art. 17(1); Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights (1988), art. 15(1); African Charter on Human Rights and Peoples’ Rights (1981), art. 18.

Select target paragraph3