Convention on the Rights of the Child describes the family as “the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children.”201 International law prohibits arbitrary or unlawful interference with one’s family,202 even in circumstances involving individuals with serious criminal convictions.203 Children have the right to preserve family relations as part of their identity without unlawful interference.204 Children must not be separated from their parents against their will, unless a competent authority with judicial review determines it to be in their best interests.205 109. International humanitarian law also requires the maintenance of the family life as far as possible.206 In cases of displacement, parties to conflict must take all possible measures to ensure that members of the same family are not separated.207 Under humanitarian law, children who are deprived of their liberty must be held in 201 Convention on the Rights of the Child (1989), preamble. 202 International Covenant on Civil and Political Rights (1966), art. 17(1). 203 European Court of Human Rights, Beldjoudi and Beldjoudi née Teychene v France, Judgment, Merits and Just Satisfaction, App No 12083/86, Case No 55/1990/246/317, 26 February 1992, para 79. Also, Moustaquim v Belgium, Merits and Just Satisfaction, App. No 12313/86, A/193, 18 February 1991. 204 Convention on the Rights of the Child (1989), art. 8(1). 205 Ibid., art. 9(1). 206 See, among other things, Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (1949), art. 27(1); ICRC, Customary International Humanitarian Law database, rule 105 on respect for the family life, available at https://ihl-databases.icrc.org/customary-ihl/ eng/docs/v1_rul_rule105#Fn_2751A971_00008. 207 See, among other things, 1949 Fourth Geneva Convention, art. 49; ICRC, Customary International Humanitarian Law database, rule 131 on treatment of displaced persons, available at https://ihl-databases.icrc.org/customary-ihl/ eng/docs/v1_rul_rule131. quarters separate from those of adults, except when families are accommodated as family units.208 Example from France—Unity of siblings as the priority As per the 23 February 2018 Prime Minister instruction, the Government of France prioritizes the unity of siblings concerning children returning from conflict areas. Children over 18 months are placed with a foster family with siblings. Usually a juvenile judge convenes a hearing to review a foster order and to order a long-term solution to prevent leaving the child in the foster family’s care. 3.1.2 Preventing Family Separation Facilitating Family Reunification and Preventing family separation 110. Preventing family separation and preserving family unity, including maintenance of sibling relationships, are considered to be important components of the child protection system.209 The Convention on the Rights of the Child stipulates that a child cannot be separated from his or her parents 208 Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War (1949), art. 82; Additional Protocol I (1977) to the Geneva Conventions, art. 77 (4); ICRC, Customary International Humanitarian Law database, rule 120 on accommodation for children deprived of their liberty, available at https://ihl-databases.icrc.org/customary-ihl/ eng/docs/v1_rul_rule120, “Children who are deprived of their liberty must be held in quarters separate from those of adults, except where families are accommodated as family units”. 209 Committee on the Rights of the Child, general comment No. 14 (2013), para. 60 51.

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