A/HRC/40/28
be handled by the regular juvenile justice system and not any form of military or special
court.
53.
Deprivation of liberty of children should be a measure of last resort and for the
shortest appropriate time. Pretrial detention should be used only in exceptional
circumstances, for example where children pose an immediate danger to themselves or
others, with its legality reviewed regularly by a court or other competent, independent and
impartial authority, preferably every two weeks. 52 Children should never face the death
penalty or life imprisonment without the possibility of release. Formerly associated children
who are detained should have access to any necessary rehabilitative health care and
psychosocial support, as well as reintegration programmes, both in detention and upon
release.53
54.
Formerly associated children who have been indoctrinated to hate or dehumanize a
perceived enemy may continue to hold negative views for a long time and in some cases
may pose a security threat.54 Such threats should be addressed in rehabilitation programmes
and not through administrative detention, which is never in the best interests of the child.
55.
Detention can re-traumatize children who have been abused or ill-treated, reinforce
terrorist narratives about the cruelty or injustice of the State, increase the likelihood of reassociation and complicate subsequent integration or reintegration efforts.
56.
The recognition that formerly associated children are primarily victims of terrorism
does not negate the experience of victims of acts of violence committed by the child or their
own rights in terms of accountability and reparation. Where children have exercised a high
degree of agency and voluntarily joined and remained in a terrorist group, communities
victimized by their actions may reject the notion that such children are victims. Lessons
may be drawn from the field of transitional justice and mechanisms established for
reconciliation and restorative justice. Care should be taken to ensure that age and gender
considerations are fully taken into account by such mechanisms.
57.
Some States have used a counter-terrorism and national security discourse in an
effort to justify violations of human rights, including arbitrary detention, the use of live
ammunition against unarmed protesters and targeted killings. Children suspected or accused
of association with terrorist groups have been among the victims of such violations. States
should ensure that all such violations are independently investigated and perpetrators held
accountable.
58.
Law enforcement officers should exercise maximum restraint in any use of force
against children associated with terrorist groups, which must be strictly necessary, and
should refrain from targeting children who do not present an imminent threat of death or
serious injury.55
C.
Right to reintegration of children associated with terrorist groups
59.
States have an obligation to take all appropriate measures to promote the physical
and psychological recovery and social reintegration of child victims of exploitation, abuse,
ill-treatment or armed conflict, in an environment that fosters the health, self-respect and
dignity of the child (Convention on the Rights of the Child, art. 39). In addition, the
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict provides that States shall ensure the demobilization or release of
associated children and, where necessary, assist their physical and psychological recovery
and social reintegration, including through international cooperation (arts. 6–7).
52
53
54
55
See Convention on the Rights of the Child, art. 37.
See Committee on the Rights of the Child, general comment No. 6, paras. 56–57.
See Judith Myers-Walls, “Children as victims of war and terrorism” in The Victimization of Children:
Emerging Issues, Janet L. Mullings, James W. Marquart, Deborah J. Hartley, eds. (New York,
Haworth Press, 2003).
See Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and United
Nations Standard Minimum Rules for the Administration of Juvenile Justice.
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