211.
The
restriction
of
freedom
of
movement potentially affects the child’s family
life when they have family members living in countries other than countries of their
citizenship or residence. (See chapter 3 on
preserving family unity and chapter 4 on
repatriation). This could further restrict the child’s
opportunities for education or employment in the
future. Such a restriction can also have a catastrophic effect on a child’s development if she or
he is forced to remain in a State or region where
she or he will be exposed to violence or further
human rights abuses. States must ensure that
the inclusion of a child in such a database does
not violate the principle of non-refoulement.
8.1.2 Human Rights Implications of Different
Purposes for Collection, Use and Exchange of
a Child’s Information
212.
As
previously
noted,
international
human rights law permits restricting certain
rights, including the right to privacy, when
certain requirements are met. One such requirement is that the aim of interference must be legitimate. Generally, a “legitimate aim” is considered
as something to “protect national security, public
order (ordre public), public health or morals and
the rights and freedoms of others”.442 The United
Nations Special Rapporteur on the promotion and
protection of human rights and fundamental freedom while countering terrorism has argued that
“the prevention, suppression and investigation
of acts of terrorism clearly amount to a legitimate
aim” in relation to restriction of the right to
privacy.443 Under the International Covenant on
Civil and Political Rights, States parties have a
positive obligation to protect citizens and others
within their jurisdictions against acts of terrorism
to protect their right to life. Consequently, the
Rapporteur argued that that duty could be
discharged through the gathering and analysis
of relevant information.444 Similarly, the United
Nations High Commissioner for Human Rights has
also expressed the view that surveillance on the
grounds of national security or for the prevention
of terrorism or other crime may be a legitimate
aim. The degree of interference must, however, be
assessed against the necessity of the measure to
achieve the aim and the actual benefit it yields
towards such a purpose.445 In light of the above,
the present section briefly discusses various
possible aims for which a child’s data may be
collected, used and/or exchanged and possible
implications for human rights that those aims may
pose.
To protect the child
213.
Some States may collect information on
children who are missing or suspected of being
abducted and exchange such information between
various agencies or even internationally.
For example, children travelling with known or
suspected foreign fighters may be victims of
parental abductions, criminal kidnappings
and human trafficking. Information concerning
children who may be travelling with known or
suspected foreign fighters can be placed on lists
or databases of missing persons. This information
can be shared in a timely and effective manner
between States, for example, through dissemination of INTERPOL yellow notices. Some States also
note on their watch lists or databases of known
or suspected terrorists, including foreign terrorist
fighters, that a suspect was travelling with a child,
without naming that child.
442 Human Rights Committee, general comment No. 27
(1999), para. 11.
444 Ibid.
443 A/69/397, para. 33.
445 A/HRC/27/37, para. 24.
96.
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