The right to family life
134.
Preventing a person’s (including a
child’s) return to the country where his or her
family live may also amount to interference with
family life. States may not subject an individual to
arbitrary or unlawful interference with his or her
family.268 The mere fact that members of the family
reside in the territory of one country does not
necessarily guarantee the right to enter the
territory of that country. However, while States
have the discretion to deny an individual the
right to re-entry in pursuit of a legitimate aim,
such discretion may not be exercised arbitrarily.269 When restrictions to re-enter a country are
based on assertions that the person is a threat to
national security, such assertions should be carefully substantiated; otherwise the restrictions
could be considered to be arbitrary interference
with family life.270
The right to rehabilitation and reintegration
135.
As summarized in chapter 5, under the
Optional Protocol to the Convention on the Rights
of the Child on the involvement of children in
armed conflict, States parties have the obligation
to ensure the rehabilitation and reintegration of
children affected by armed conflict, including the
foreign fighter phenomenon.
136.
States are required to aid children
who were recruited by armed groups in their
jurisdiction by ensuring support for their
268 International Covenant on Civil and Political Rights
(1966), arts. 17 and 23; Convention on the Rights of the Child
(1989), art. 16(1); African Charter on Human Rights and Peoples’ Rights (1981), art. 18(1); European Convention on Human
Rights (1950), art. 8.
269 Ilyasov v. Kazakhstan (CCPR/C/111/D/2009/2010), para.
7.2.
270
Ibid., paras. 7.3 and 7.5.
62.
physical and psychological recovery and social
reintegration with the goal of safeguarding their
right to develop in an environment that is free
from violence.271 Therefore, States should provide
support to children who were recruited in their
jurisdiction and then crossed borders. The
Security Council also recognizes “the importance of
timely and appropriate reintegration and
rehabilitation assistance to children associated
with foreign fighters returning or relocating from
conflict zones”.272 The Council has emphasized that
children may be especially in need of particular psychosocial support, such as post-trauma counselling, stressing that children need to be treated in a
manner that observes their rights and respects
their dignity, in accordance with applicable international law.273 For effective and timely rehabilitation and reintegration of children in conflict-affected areas, repatriation to countries of
nationality may be critical and in the best interests
of the child. In this regard, the Special Representative of the Secretary-General for Children and
Armed Conflict has called upon States to facilitate
the return of all children holding citizenship for the
purposes of rehabilitation and reintegration.274
Access to consular services
137.
The Convention on the Rights of the Child,
provided it is applicable, obligates States parties to develop and implement effective consular
protection
policies,
including
specific
measures directed at protecting children’s
rights and encompassing promotion of protocols
271 Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict,
art. 6(3).
272
Security Council resolution 2396 (2017), para. 36.
273 Ibid., preamble.
274 A/HRC/40/49, para. 20.
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