A/HRC/40/28
exploitation or harmful practices within a terrorist group may be vulnerable to ostracization
or further sexual abuse in the community. Where girls do not wish to return to their
previous communities, they should have access to education and vocational training in their
new community. Girls, and in particular girl mothers, should be supported in making
choices in their own best interests, including whether to recognize or reject relationships
they may have had with members of the terrorist group. Any children resulting from such
unions should be registered and their rights to identity, nationality and not to be subjected
to discrimination must be respected.
66.
Formerly associated children outside their country of nationality should be afforded
consular support and assistance in returning to their home country for the purpose of
reintegration, whenever that is in their best interests. States should never strip the
citizenship of children associated with terrorist groups abroad, regardless of whether they
hold dual citizenship. Children born to foreign fighters are at particular risk of statelessness,
abandonment, family separation, prolonged detention with their parents, discrimination,
exploitation and recruitment by terrorist groups. 57 States should cooperate to ensure that all
children are registered, have appropriate documentation of their identity and nationality, are
permitted to enter their parents’ country of origin, and are protected against stigma and
discrimination. States should recognize the risk of recruitment as a child-specific form of
persecution for the purposes of the Convention relating to the Status of Refugees and
should not return a formerly associated child to a country where there is a real risk of rerecruitment.58
V. Conclusions and recommendations
67.
The full range of the impacts of terrorism and counter-terrorism on children
cannot be addressed in a single report. In addition to the harms examined in the
present report, terrorist groups may engage in trafficking, hostage-taking for ransom,
harmful traditional practices and other forms of exploitation and abuse of children.
Children whose caregivers are accused of terrorist crimes or traumatized by terrorist
violence face particular risks. In all cases, international human rights law provides an
essential framework for identifying, implementing and evaluating the most effective
interventions to protect children and gender considerations should be integrated at all
levels.
68.
Children have been largely ignored in the counter-terrorism discourse. There is
a need for further research on the short- and long-term impacts of terrorism on
children and the drivers of terrorist exploitation of children. Counter-terrorism
policies and programmes should, however, be grounded in the available empirical
evidence, rather than untested theories, such as the narrative of radicalization.
69.
States have different legal obligations towards children who are direct victims
or witnesses of a terrorist attack, children at risk of association and children
associated with terrorist groups. However, children in all of those categories are
victims of terrorism. States should ensure that their laws, policies and practices
recognise the primary status of children as victims, incorporate the best interests of
the child as a primary consideration, ensure the protection of children and fully
respect their right to express their views in all matters affecting them.
70.
States should ensure that reparation programmes for victims and witnesses of
terrorist acts are age- and gender-sensitive. Child victims and witnesses should have
access as early as possible to any necessary rehabilitative health care based on their
individual needs, including psychosocial and sexual and reproductive health-care
services. Reparation programmes should account for the fact that the impact of
terrorism on child victims and witnesses may include lost opportunities and ensure
57
58
See United Nations Counter-Terrorism Implementation Task Force, “Guidance to States on human
rights-compliant responses to the threat posed by foreign fighters”.
See Committee on the Rights of the Child, general comment No. 6, paras. 58–59.
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