40/28 Protection of human rights and fundamental freedoms while countering terrorism - Report of the United Nations High Commissioner for Human Rights

GE.19-00360(E)



Human Rights Council Fortieth session

25 February–22 March 2019

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Protection of human rights and fundamental freedoms while countering terrorism

Report of the United Nations High Commissioner for Human Rights*

Summary

The present report is submitted pursuant to Human Rights Council resolution 35/34,

in which the Council requested the United Nations High Commissioner for Human Rights

to present her report in conformity with its annual programme of work.

* Agreement was reached to publish the present report after the standard publication date owing to

circumstances beyond the submitter’s control.

United Nations A/HRC/40/28

I. Introduction

1. In its resolution 35/34, the Human Rights Council, inter alia, unequivocally

condemned terrorism and stressed the need to promote and protect the rights of victims of

terrorism, in particular women and children. The Council recognized the important roles of

education, combating discrimination, respect for cultural diversity, employment and

inclusion in the prevention of terrorism and violent extremism conducive to terrorism. The

Council called upon States to consider the impact of counter-terrorism strategies on the

human rights of women and children. It reiterated that given their potential status as victims

of terrorism and other violations of international law, all children alleged of, accused of or

recognized as having infringed the law, as well as child victims and witnesses of crimes,

should be treated in a manner consistent with their rights, dignity and needs in accordance

with applicable international law, in particular the Convention on the Rights of the Child.

The Council further urged States to take relevant measures to effectively reintegrate

children formerly associated with armed groups, including terrorist groups. The Council

requested the High Commissioner to present her report in conformity with its annual

programme of work, bearing in mind the content of the resolution. At its thirty-seventh

session, the Human Rights Council adopted resolution 37/27 entitled “Terrorism and

human rights”.

2. In previous reports to the Council on the protection of human rights while

countering terrorism, the High Commissioner has examined the international human rights

framework; legislative measures taken by States; the right to life, liberty and security of the

person; the prohibition of torture and ill-treatment; accountability and reparations; foreign

fighters; due process and targeted sanctions; the right to a fair trial; the right to privacy;

economic, social and cultural rights; international cooperation; and the rights of victims.1

The impacts of terrorism and counter-terrorism are not identical for all members of society

and certain vulnerable or marginalized groups benefit from specific protections under

international law. Consistent with resolution 35/34, the present report is focused on children,

considering child victims and witnesses of terrorist acts, children at perceived risk of

recruitment and children associated or suspected of association with terrorist groups. The

precise legal obligations of States may vary according to the circumstances of the child, but

children in all such situations must be considered and treated as victims of terrorism.

3. The Convention on the Rights of the Child has achieved near-universal ratification.

The Convention makes no provision for derogation in times of conflict or emergency, and

only three of the substantive rights it recognizes may be restricted on the basis of national

security, where such restrictions are necessary, proportionate and prescribed by law (arts.

10, 13 and 15).

4. The Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict provides that non-State armed groups should not,

under any circumstances, recruit or use in hostilities persons under the age of 18 years and

that States parties shall take all feasible measures to prevent such recruitment and use (art.

4).

5. Recent decades have seen the rise of terrorist networks with global reach and

sophisticated strategies of international recruitment, which in some cases explicitly target

children. Some of those networks control territories and children account for more than half

of the civilian population of such territories. Those developments have rightly been the

focus of much international attention, but the present report is not limited to such contexts.

Terrorist acts perpetrated outside conflict zones by groups or lone actors, whether

motivated by anti-Muslim sentiments, anti-Semitism, xenophobia, misogyny, or another

hateful ideology or political goal, also have an impact on children.

1 A/HRC/34/30; A/HRC/28/28; A/HRC/22/26; A/HRC/16/50; A/HRC/13/36; A/HRC/8/13;

A/HRC/4/88.

II. Child victims and witnesses of terrorist acts

A. Duty of protection and right to rehabilitation

6. States have a special duty of protection and care towards children under their

jurisdiction and under the Convention on the Rights of the Child the best interests of the

child shall be a primary consideration in all actions concerning children (art. 3). In

particular, States shall ensure to the maximum extent possible the survival and development

of the child (art. 6) and take all appropriate legislative, administrative, social and

educational measures to protect the child from all forms of physical or mental violence (art.

19).

7. Some terrorist attacks aim to instil fear in the population by specifically targeting

children, including in their schools.2 The right to education is non-derogable and quality

education is essential to building peaceful and inclusive societies (see A/66/269 and

A/HRC/8/10). Where there is a high risk of such attacks, States have a duty to devise and

implement effective strategies to protect children and the Safe Schools Declaration provides

guidance in that regard. The need to strengthen resilience, for example by training children

on the measures to take in case of an attack, must be carefully balanced with the important

developmental need for children to feel safe in their learning environment.

8. The Convention on the Rights of the Child provides that States shall take all

appropriate measures to promote the physical and psychological recovery and social

reintegration of child victims of, inter alia, exploitation, abuse, torture, ill-treatment and

armed conflict (art. 39). Children who suffer physical injury, impairment of their mental

health, or physical or psychosocial disability as a result of a terrorist act thus have a legal

right to recovery and reintegration in an environment which fosters their health, self-respect

and dignity. That supplements the rights to the highest attainable standard of health (art. 24)

and to special care for children with disabilities (art. 23). Where necessary, the State should

provide appropriate financial and material support to children and their caregivers to ensure

an adequate standard of living (arts. 26–27).

9. In the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of

Power and the Guidelines on Justice in Matters involving Child Victims and Witnesses of

Crime, direct child victims of crime and dependants of victims who have died or become

incapacitated are recognized as being entitled to redress, which the State should provide if

other sources are unavailable. Reparation should address the costs of social and educational

reintegration, health care and legal services. In the United Nations Global Counter-

Terrorism Strategy, the General Assembly recommends that States consider establishing

national systems of assistance to promote the needs of victims and their families (para. 8).

In its most recent review of the Strategy, the General Assembly reiterated the importance of

proper support and assistance both immediately following an attack and in the long term.3

10. Rehabilitative health care must be adapted to the needs of the individual child. The

impact of experiencing or witnessing extreme violence and destruction depends on the

child’s stage of development. Research indicates that preschool-age children often display

regressive behaviour, older children may suffer somatic complaints and become

preoccupied with unrelated fears, whereas adolescents more closely mirror adult reactions,

with higher rates of depression and substance abuse. As a result of the different ways in

which girls and boys are socialized, the effects of trauma may manifest differently, with

girls more likely to develop anxiety disorders and boys more likely to develop behavioural

2 See Global Coalition to Protect Education from Attack, Education Under Attack 2018 and Office of

the United Nations High Commissioner for Human Rights, “Background paper on attacks against

girls seeking to access education”, available at www.ohchr.org/Documents/HRBodies/CEDAW/

Report_attacks_on_girls_Feb2015.pdf.

3 Resolution 72/284, para. 14. See also Human Rights Council resolutions 37/27 and 20/14.

disorders.4 States should take these age and gender dimensions into account when designing

interventions and allocating budgets.

11. Where children lose their primary caregivers as a result of a terrorist act, the State is

responsible for ensuring appropriate alternative care (Convention on the Rights of the Child,

art. 20). In line with the Guidelines for the Alternative Care of Children, priority should be

given to solutions that allow the child to remain in a family environment.5 Placement in an

institution is rarely in the best interests of the child, particularly following traumatic loss,

and should be used only as a last resort and for the shortest possible time.

12. The right of children to be heard and have their views taken into account should be

fully respected and, if required, facilitated with appropriate support (Convention on the

Rights of the Child, art. 12). Participating in decisions concerning their care, the support

services available to them and any memorialization of the events can help child victims and

witnesses regain a sense of control over their lives and contribute to their rehabilitation.6

13. Where States are unable to meet their obligations to child victims, they should have

access to international cooperation, including information exchanges and training of

professionals working on preventive health care and the medical, psychological and

functional treatment of children impacted by terrorism.7

B. Freedom of expression, access to information and the right to privacy of

child victims and witnesses

14. The psychological impact of terrorism on children is mediated by the responses of

caregivers and trusted adults, as well as the duration of any exposure to media coverage,

which may itself traumatize even children who are not direct victims or witnesses. Advice

and support should be available to caregivers and professionals working with children in

the aftermath of terrorist acts. Children should have opportunities to discuss their reactions

in a supportive environment, which they should also be free to refuse. Some children may

choose to exercise their freedoms of expression and association by forming or joining

victim or advocacy groups.

15. The Convention on the Rights of the Child recognizes the right of children to access

information from a diversity of national and international sources, while obliging States to

encourage the development of appropriate guidelines to protect them from information and

material injurious to their well-being (art. 17). Such guidelines may include television

watersheds, monitored by an independent body, before which particularly distressing

images of a terrorist act should not be broadcast. The provision cannot, however, be used to

impose blanket restrictions on information which would also affect adults (see A/69/335).

To ensure full respect for freedom of expression and avoid illegitimate censorship, the

removal of online content should occur only following an order by a judicial authority, in

accordance with due process and standards of legality, necessity, proportionality and

legitimacy (see A/HRC/38/35).

16. Online hate speech often spikes following terrorist attacks. Children’s education

should include modules on information literacy to enable them to identify bias and hate

4 See, for example, Ankur Saraiya, Amir Garakani and Stephen B. Billick, “Mental health approaches

to child victims of acts of terrorism”, Psychiatric Quarterly, vol. 84, No. 1, March 2013; and Paramjit

T. Joshi and Deborah A. O’Donnell, “Consequences of child exposure to war and terrorism”, Clinical

Child and Family Psychology Review, vol. 6, No. 4, December 2003.

5 See also CRC/C/153.

6 See Committee on the Rights of the Child, general comment No. 12 (2009) on the right of the child to

be heard, para. 125.

7 See Convention on the Rights of the Child, art. 23 (4), and Convention on the Rights of Persons with

Disabilities, art. 32.

speech and empower them to access and critically assess information in line with their

evolving capacities.8

17. States should take measures to ensure the right to privacy of child victims and

witnesses, whose identities should be protected. Child victims should not be used as “poster

children” for a particular political viewpoint or in counter-terrorist messaging. Journalists

reporting on terrorist incidents or groups should respect the United Nations Children’s Fund

(UNICEF) principles and guidelines for media reporting on children.9

C. Rights of child witnesses in court proceedings

18. States have a duty to investigate terrorist acts, as well as any deaths, injuries,

discrimination or other human rights violations caused by law enforcement or other public

officials in responding to terrorist acts. Accountability of perpetrators and guarantees of

non-repetition are important elements of reparation and can reduce the potential for acts of

revenge and cycles of violence.

19. Where criminal proceedings take place, both the Declaration of Basic Principles of

Justice for Victims of Crime and Abuse of Power (para. 6 (b)) and the Convention on the

Rights of the Child (art. 12) require that child victims and witnesses be able to express their

views freely and be heard in judicial proceedings affecting them. States should undertake

all necessary measures to ensure that this right is exercised in a manner that ensures the

protection of child victims and witnesses from negative consequences.10

20. The Guidelines on Justice in Matters Involving Child Victims and Witnesses of

Crime provide practical guidance on child-sensitive procedures. States should ensure that

specialized staff are properly trained and that procedures are in place to protect child

victims and witnesses and meet their special needs, taking into account gender

considerations, the particularly traumatic nature of acts of terrorism and the need to prevent

re-traumatization. Appropriate policies should be in place to ensure the safety of child

witnesses and their families before, during and after the judicial process. The right to be

heard is also linked to the right of child victims or witnesses to be informed about the

availability of health, psychological and social services, their role in the proceedings, the

support persons available, how questioning or interviews are to be conducted, the location

and times of hearings, the possibility of receiving reparation and provisions for appeal.

D. Child victims and witnesses of terrorist acts in conflict zones

21. A significant proportion of terrorist acts occur in the context of armed conflict.

Directing attacks against civilians and civilian objects may constitute violations of

international humanitarian law11 and, under certain circumstances, war crimes.12 In addition,

the Geneva Convention relative to the Protection of Civilian Persons in Time of War,

applicable to international armed conflicts, including situations of occupation, prohibits all

measures of intimidation or of terrorism (art. 33). In both international and non-

international armed conflicts, acts or threats of violence with the primary purpose of

spreading terror among the civilian population are specifically prohibited (Additional

Protocol I, art. 51 (2) and Additional Protocol II, arts. 4 (2) and 13 (2)).13

8 See Jagtar Singh, Paulette Kerrand and Esther Hamburger, eds., Media and Information Literacy:

Reinforcing Human Rights, Countering Radicalization and Extremism, (Paris, United Nations

Educational, Scientific and Cultural Organization, 2016).

9 See www.unicef.org/eca/media/ethical-guidelines.

10 See Committee on the Rights of the Child, general comment No. 12, para. 21.

11 See Protocol additional to the Geneva Conventions of 12 August 1949 relating to the protection of

victims of international armed conflicts (Protocol I), arts. 48, 51 (2) and 52 (2); and Protocol II

relating to the protection of victims of non-international armed conflicts, art. 13 (2).

12 See Rome Statute of the International Criminal Court, arts. 8 (2) (b) (i) and 8 (2) (e) (i).

13 See also https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule2.

22. In line with their obligations under the International Covenant on Civil and Political

Rights, States have a duty to investigate alleged or suspected violations of article 6 of the

Covenant in situations of armed conflict, in accordance with the relevant international

standards.14 If international crimes have been committed, the Basic Principles and

Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of

International Human Rights Law and Serious Violations of International Humanitarian Law

provide that full and effective reparation following such attacks should include, as

appropriate, restitution, compensation, rehabilitation, satisfaction and guarantees of non-

repetition. States should endeavour to establish reparation programmes for harms inflicted

by non-State entities.

23. The Convention on the Rights of the Child provides that States shall take all feasible

measures to ensure the protection and care of children affected by armed conflict, and all

appropriate measures to promote the physical and psychological recovery and social

reintegration of child victims of armed conflict (arts. 38–39).

24. Children in conflict zones face multiple negative stressors, which may include loss

of routine, lack of education, loss of family income, displacement, loss of community and

loss of loved ones. When these already vulnerable children experience a terrorist act, they

are at increased risk of developing psychosocial illnesses and disabilities. Children with

disabilities have the right to special care, which should be free of charge and available from

the earliest possible stage, based on a multidisciplinary assessment of individual needs and

strengths.15

25. Rape and other forms of sexual and gender-based violence are increasingly used as

tactics by groups operating in conflict zones, such as in the Syrian Arab Republic, mainly

against women and girls, although sexual violence against men and boys is underreported

(see S/2018/250 and S/2016/361/Rev.1).16 Children displaced by conflict are especially

vulnerable to violence, including sexual violence, throughout the displacement or migration

process. Child victims or witnesses of sexual violence should have access to appropriate,

quality health-care services, including sexual and reproductive and mental health services.

Girls who are pregnant as a result of rape should have access to safe abortion if they so

choose.17 States should make concrete efforts to alleviate the stigma associated with sexual

violence, both for survivors and for children conceived through rape.

E. Obligations of States receiving child victims or witnesses

26. Research indicates that child victims and witnesses of terrorism have better

outcomes if they remain in close contact with their primary caregivers. Children fleeing a

State affected by terrorism should not be separated from their parents against their will and

States must treat applications to enter or leave a State for the purposes of family

reunification in a positive, humane and expeditious manner, and cooperate in efforts to

trace family members of child refugees and children seeking refugee status (Convention on

the Rights of the Child, arts. 9, 10 and 22). It is never in the best interests of a child to be

detained due to his or her migration status and non-custodial solutions must be found for

14 See Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 64; and

Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), paras. 20–22.

15 See Convention on the Rights of the Child, art. 23, and Convention on the Rights of Persons with

Disabilities, art. 26.

16 See also, Office of the United Nation High Commissioner for Refugees, “Sexual violence against men

and boys in the Syria crisis” (2017).

17 See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 22

(2016) on the right to sexual and reproductive health; Committee on the Rights of the Child, general

comment No. 20 (2016) on the implementation of the rights of the child during adolescence, para. 60;

Human Rights Committee, general comments No. 31 (2004) on the nature of the general legal

obligation imposed on States parties to the Covenant, para. 11, and No. 36 (2018) on the right to life,

para. 8; and Committee on the Elimination of Discrimination against Women, general comment No.

35 (2017) on gender-based violence against women, updating general recommendation No. 19, paras.

18 and 31 (a).

the entire families of accompanied children.18 States must ensure care arrangements for

unaccompanied children that prevent their recruitment by terrorist or other armed groups, in

particular by refusing guardianship to persons directly or indirectly involved in terrorism or

conflict, and children should not be returned to a State where there is a real risk of

recruitment.19 An insecure or precarious migration status can have particularly negative

effects on children already traumatized by acts of terrorism, and so States should ensure

access to clear and child-friendly status determination procedures. 20 Any young person

claiming to be a child must be treated as such unless and until there is definitive proof to

the contrary.21

27. Some terrorist groups with effective control of territories have constrained or denied

access by girls to education, health care and public life. States receiving girls fleeing such

territories should provide appropriate support to redress gender-based abuse and give due

consideration to supporting them to complete their education even after they have reached

the age of majority.22

III. Children at perceived risk of recruitment

A. State duty to prevent recruitment of children

28. Terrorist groups may seek to recruit or otherwise exploit children for various reasons,

including a dwindling of support and thus of potential adult recruits, ease of manipulation,

the relative lack of suspicion raised by children, local attitudes regarding childhood and

child labour, propaganda value, or a desire for continuity and succession.23

29. In its resolution 1373 (2001), the Security Council provides that States should

suppress terrorist recruitment. Preventing the recruitment of children forms part of the

broader obligation to prevent the exploitation of children under the Convention on the

Rights of the Child and its Optional Protocols on the involvement of children in armed

conflict and on the sale of children, child prostitution and child pornography. The factors

that may place children at greater risk of association with a terrorist group also place them

at greater risk of other forms of exploitation, including sale, trafficking, forced labour and

sexual exploitation. Elements of the security threat posed by terrorist groups may be unique,

but this should not be extrapolated to a conclusion that their recruitment methods are

unique or require untested or draconian preventive approaches that focus on the child as a

potential risk rather than potentially at risk of exploitation. Measures to prevent the

recruitment of children by terrorist groups must be adequate, proportionate, reasonable,

non-discriminatory, non-arbitrary, effective and justified.

30. The United Nations Global Counter-Terrorism Strategy identifies a number of

conditions conducive to the spread of terrorism, including unresolved conflicts, lack of rule

of law, poor governance, violations of human rights, discrimination, political exclusion and

socioeconomic marginalization. States with higher levels of gender equality are less likely

18 See joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families/No. 23 (2017) of the Committee on the Rights of

the Child on State obligations regarding the human rights of children in the context of international

migration in countries of origin, transit, destination and return, section B.

19 See Committee on the Rights of the Child, general comment No. 6 (2005) on the treatment of

unaccompanied and separated children outside their country of origin, para. 55.

20 See joint general comment No. 4/No. 23, para. 18.

21 See joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families/No. 22 (2017) of the Committee on the Rights of

the Child on the general principles regarding the human rights of children in the context of

international migration, para. 32.

22 See joint general comment No. 4/No. 23 Child, para. 60.

23 Siobhan O’Neil, “Trajectories of children into and out of non-State armed groups” in Cradled by

Conflict: Child Involvement with Armed Groups in Contemporary Conflict, Siobhan O’Neil and Kato

van Broeckhoven, eds. (United Nations University, 2018).

to experience acts of terrorism (see A/70/674).24 Many States have focused their public

spending on counter-terrorism on the military, law enforcement, intelligence and targeted

prevention programmes. Allocations to social services and development have often

stagnated or even declined, which may breach the obligation of States to take steps to the

maximum of their available resources to realize economic, social and cultural rights. 25

Effective counter-recruitment strategies must address structural inequalities, discrimination

and marginalization, providing communities with mechanisms to address grievances and

providing children with the means to meet their basic needs and participate fully in society,

including access to education in a school environment that is safe for both boys and girls

and access to vocational programmes and income-generating activities (see

A/HRC/12/22).26

31. States that permit the voluntary recruitment of children into their armed forces risk

normalizing the idea of children as fighters capable of taking full responsibility for their

actions, making it difficult for the population to view children recruited by terrorist groups

primarily as victims.27

32. Where children are at risk of forced recruitment by terrorist groups, States must take

effective measures to prevent their abduction and exploitation, including from schools,

orphanages, other institutions and, where they exist, camps for refugees or internally

displaced persons. In preventing recruitment by terrorist groups, States should prioritize

existing, evidence-based strategies for the prevention of exploitation of children and of

juvenile crime.28 Terrorist recruiters may use similar grooming techniques to those

observed in the sexual exploitation of children.29 Where such similarities exist, good

practices and lessons learned should inform prevention strategies. States should collect data

to identify the drivers and patterns of recruitment in order to target, improve and evaluate

policies and programmes.

33. Where children are identified or reported as being at risk of exploitation by a

terrorist group, an individual assessment based on clear criteria should be conducted to

determine whether there are objective grounds for that consideration. Attempts to recruit

children should constitute serious offences under national criminal law and States must take

measures to identify and prosecute perpetrators, while respecting due process rights. 30

Where a child is at ongoing risk of or potentially traumatized by attempted recruitment, a

multidisciplinary best interests assessment, giving adequate weight to the views of the child,

should determine any response. Actions may include tailored mentoring and exposure to

counter-narratives, in particular from victims of terrorism, former terrorists, peers and role

models (see S/2017/375).31 States should monitor and evaluate interventions to determine

their effectiveness, and collect data to enable detection of any direct or indirect

discrimination in the referral process.

24 See also Mary Caprioli, “Primed for violence: the role of gender inequality in predicting internal

conflict”, International Studies Quarterly, vol. 49, No. 2 (April 2005).

25 See International Covenant on Economic, Social and Cultural Rights, art. 2 (1), and Convention on

the Rights of the Child, art. 4.

26 The Committee on the Rights of the Child regularly addresses recommendations to States on this

issue. See, for example, CRC/C/OPAC/DZA/CO/1, paras. 23–24.

27 Where permitted, voluntary recruitment of children above the age of 15 into State armed forces must

respect appropriate safeguards. See Optional Protocol to the Convention on the Rights of the Child on

the involvement of children in armed conflict, art. 3.

28 See United Nations Guidelines for the Prevention of Juvenile Delinquency and Committee on the

Rights of the Child, general comment No. 10 (2007) on children’s rights in juvenile justice.

29 Asaad Almohammad, “ISIS child soldiers in Syria: the structural and predatory recruitment,

enlistment, pre-training indoctrination, training and deployment”, International Centre for Counter-

Terrorism (2018).

30 See Optional Protocol to the Convention on the Rights of the Child on the involvement of children in

armed conflict, art. 4.

31 See also Global Counterterrorism Forum, Hague-Marrakech Memorandum on Good Practices for a

More Effective Response to the FTF phenomenon (2014).

34. Children of foreign fighters may be at particular risk of forcible recruitment. In

resolution 2178 (2014), the Security Council required States to prevent individuals from

travelling for the purpose of perpetrating, planning, preparing or participating in terrorist

acts, or providing or receiving terrorist training, while providing that any measures adopted

must comply with international human rights law. In particular, such measures must not

impinge on the right to freedom of movement.32 In resolution 2396 (2017), the Security

Council called upon States to distinguish between suspected foreign fighters and

accompanying family members. Where a child is in imminent danger of recruitment by a

caregiver, or of being obliged to accompany a caregiver to a territory where the child risks

forced recruitment, the State should take appropriate protection measures in the best

interests of the child, including in some cases temporary removal from the family

environment. Any such decision must be taken on the basis of actual risk to the child’s

well-being, and should comply with the Guidelines for the Alternative Care of Children.33

B. Motivation of child recruits

35. There is limited empirical research on the drivers of child recruitment and that which

does exist disproportionately focuses on the recruitment of children from developed

countries to terrorist groups whose leaders and primary operations are in another country.

The research available indicates that the drivers of recruitment are different for those

children who live in areas directly affected by terrorism, but that in all cases there is no

single factor or group of factors that reliably predict child association with terrorist

groups.34

36. Children do not enjoy the independence, agency and range of choices open to adults.

Even when they are not forcibly recruited, most child association with terrorist groups

involves some form of coercion or constraint. If a terrorist group controls territory, children

may be unable to avoid association. Where States indiscriminately target a particular

territory, claiming that everyone in it, including children, is necessarily associated with a

terrorist group, they are likely to remove any perceived advantage to remaining unaffiliated.

37. Children who exercise some degree of agency in joining a terrorist group often cite

meeting basic needs, financial incentives, opportunities for advancement, resolving

grievances and defending or promoting the interests of their families or communities as the

attractions of terrorist groups. 35 They may also perceive terrorist groups as a route to

identity, significance and status. The participation rights recognized in the Convention on

the Rights of the Child are inherently preventive, in that where they are fully respected

children can exercise agency and make choices in their daily lives, and adults have a

responsibility to take the views of children into account. In such circumstances, society

demonstrates to children that they are valued, whereas children who feel disenfranchised

and unappreciated are more vulnerable to terrorist recruitment (see A/HRC/33/29).36

C. Role of the community

38. Terrorist groups generally rely on a degree of community support, whether based on

a perception that they respond to legitimate grievances, or because they provide basic

services in the absence of State provision. In its resolution 2178 (2014), the Security

Council encouraged States to engage local communities and non-governmental actors to

32 See International Covenant on Civil and Political Rights, art. 12; United Nations Counter-Terrorism

Implementation Task Force, “Guidance to States on human rights-compliant responses to the threat

posed by foreign fighters” (2018); and A/HRC/28/28.

33 See also Committee on the Rights of the Child, general comments No. 14 (2013) on the right of the

child to have his or her best interests taken as a primary consideration and No. 6, in particular para. 54.

34 See generally Cradled by Conflict: Child Involvement with Armed Groups in Contemporary Conflict.

35 See Siobhan O’Neil, “Trajectories of children into and out of non-State armed groups”.

36 See also Paramjit T. Joshi and Deborah A. O’Donnell, “Consequences of child exposure to war and

terrorism”.

counter violent extremist narratives that could incite terrorist acts and address the

conditions conducive to the spread of violent extremism by empowering youth, families,

women, religious, cultural and education leaders and other concerned groups of civil

society.

39. There is broad agreement among researchers and practitioners that building

resilience to the terrorist recruitment of children requires the active participation of

communities, families and children themselves, who should lead or partner in the design,

implementation and evaluation of programming (ibid.). Support to caregivers is a vital

element of the prevention of adolescent criminality and a strong family environment

enhances resilience to terrorist recruitment. Boys and girls often have different

vulnerabilities in their families and communities and respond to different motivators to join

terrorist groups.

40. Peer networks are increasingly influential as a child ages and often play a role in

terrorist recruitment. Educational programmes in schools and awareness-raising in

communities can enhance collective opposition to violence as a means of resolving

grievances. In some contexts, terrorist groups have co-opted or created parallel education

systems with the aim of indoctrinating children. States should take appropriate measures to

ensure that all children have access to quality public education and that all schools in their

territory comply with the aims of education laid out in the Convention on the Rights of the

Child, notably preparation of the child for life in a peaceful and tolerant society that

respects gender equality (art. 29).37

41. Adult expectations have a powerful influence on the development of a child’s

personality. Interventions explicitly advertised as prevention of terrorism or violent

extremism may reinforce negative stereotypes and drive children towards excusing or using

violence if they feel that is all society expects of them. A child’s or caregiver’s membership

of a religious or ethnic community, expression of a political opinion, or other prohibited

ground of discrimination should never be used as an indicator of vulnerability of the child

to recruitment, or a ground for referral to social services or law enforcement. 38 Such

profiling is both prohibited under international law and likely to be counterproductive,

alienating and stigmatizing community members whose engagement is essential to the

success of counter-terrorism efforts.39 Programming and development assistance targeted at

children should focus on inclusion and peacebuilding rather than solely on the prevention of

their opposites.40

D. Freedom of opinion and expression and the right to privacy of children

at perceived risk of recruitment

42. Where children have regular Internet access, online peer networks may influence

their vulnerability to terrorist recruitment. The Convention on the Rights of the Child

recognizes the child’s rights to privacy (art. 16) and to accessing information, while

providing that children should be protected from material injurious to their well-being (art.

17). The latter provision cannot be used to justify mass surveillance of children’s online

communications, which would breach their right to privacy (see A/HRC/39/29). Prevention

of online recruitment should focus on the detection and accountability of perpetrators, and

37 See also Committee on the Rights of the Child, general comment No. 1 (2001) on the aims of

education.

38 See Security Council resolution 2396 (2017).

39 See generally the Hague-Marrakech Memorandum on Good Practices for a More Effective Response

to the FTF phenomenon.

40 See Kato van Broeckhoven, “A complex programming landscape: the prevention of and response to

child association with non-State armed groups” in Cradled by Conflict: Child Involvement with

Armed Groups in Contemporary Conflict.

building the resilience of children, including through exposure to targeted counter-

narratives.41

43. Some States have created a legal duty for teachers and other educators to report

children who may be at risk of recruitment, with sanctions for failure to report. Such

measures risk undermining the purpose of education, which relies on the free flow of ideas

in an environment of respect and mutual trust, and are not in the best interests of the child

(see A/HRC/31/65). Adolescence in particular is a developmental stage characterized by

rebellion against authority and the testing of opinions, and where children express support

for terrorism that is best addressed through open discussion in which their educators and

peers can counter violent extremist narratives (see S/2017/375).42 Educators should not be

required to act as law enforcement officials, but rather law enforcement and social services

should work to develop relationships of trust with all communities so that concerned

individuals can report situations of potential risk of recruitment confident that the

authorities will focus on the protection of the child and fully respect his or her rights.

44. Where they exist, offences such as justifying terrorism or extremist activity must be

clearly defined to avoid unnecessary or disproportionate interference with the fundamental

freedoms of opinion, expression, association, religion or belief (see A/HRC/37/52 and

A/HRC/31/65).43 Expressions of support for particular groups, acts or ideologies that do not

rise to the level of incitement to discrimination, hostility or violence, or to committing

terrorist acts, should not constitute criminal offences.44

45. Any counter-terrorism measures that may interfere with the child’s right to privacy

must be provided in law and be necessary and proportionate to achieve a legitimate aim.

States must ensure that children, at a minimum, have a right to know that personal data

concerning them has been retained and processed, to access the data, to rectify data that is

inaccurate or outdated and to delete or rectify data unlawfully or unnecessarily stored (see

A/HRC/39/29).

IV. Children associated or suspected of association with terrorist groups

46. Children’s roles within terrorist groups vary from support roles, such as domestic

workers or porters, to identifying possible recruits, spying, scouting targets and

participation in terrorist acts. Girls are at particular risk of sexual abuse and forced or early

marriage. The term “recruitment” should be understood broadly to encompass all of those

roles.45 Some terrorist groups enforce loyalty through drug use or physical, psychological or

sexual violence. They may threaten violence against children or their families if the child

becomes disillusioned and attempts to leave. This complex landscape does not lend itself to

simple solutions to child association that could apply in every context, but international

human rights law provides an essential framework for identifying, implementing and

evaluating the most effective interventions for the dissociation and reintegration of children.

41 See Committee on the Rights of the Child, report on the 2014 day of general discussion on digital

media and children’s rights, available from www.ohchr.org/EN/HRBodies/CRC/Pages/

Discussion2014.aspx.

42 See also https://en.unesco.org/preventing-violent-extremism/edu-as-tool.

43 See also Human Rights Committee, general comment No. 34 (2011) on the freedoms of opinion and

expression.

44 See International Covenant on Civil and Political Rights, arts. 19 and 20. In the United Nations

Global Counter-Terrorism Strategy and Security Council resolution 1624 (2005) States are called

upon to prohibit by law incitement to commit terrorist acts in accordance with their obligations under

international law.

45 See Principles and Guidelines on Children Associated with Armed Forces or Armed Groups. See also

generally Radikha Coomaraswamy, “The Optional Protocol to the Convention on the Rights of the

Child on the involvement of children in armed conflict – towards universal ratification”, International

Journal of Children’s Rights, vol. 18, No. 4 (January 2010).

A. Prohibition of the recruitment of children

47. Recruitment of children under the age of 15 into non-State armed groups is

prohibited under the Convention on the Rights of the Child, which further obligates States

to take all feasible measures to ensure such children do not take a direct part in hostilities

(art. 38). In the context of an armed conflict, the Additional Protocols to the Geneva

Conventions of 12 August 1949 relating to the protection of victims of international and

non-international armed conflicts prohibit the recruitment of children under the age of 1546

and using such children to participate actively in hostilities constitutes a war crime.47

48. The Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict extends that protection to all children, providing

that non-State armed groups shall not recruit or use in hostilities children under the age of

18 and that States parties shall take all feasible measures to prevent such recruitment and

use (art. 4). The Committee on the Rights of the Child has considered the term “armed

groups” to include terrorist, guerrilla and paramilitary groups operating in situations that

may not reach the threshold to qualify as a non-international armed conflict under

international humanitarian law, or are not recognized as such by the State.48

49. The international community reiterated its commitment to end the recruitment of

children in the 2030 Agenda for Sustainable Development, in which it required States to

take immediate and effective measures to end the recruitment and use of child soldiers

(Goal 8, target 8.7) and the abuse, exploitation, trafficking, torture and all forms of violence

against children (Goal 16, target 16.2).

50. In the context of an armed conflict, States must take account of the special

protections afforded to children under international law. In particular, States should ensure

that military personnel receive training on child protection measures, including the referral

or handover of any associated children to civilian child protection actors.49

B. Criminal responsibility of recruiters and associated children

51. The Optional Protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict provides that States should criminalize the

recruitment or use in hostilities of children under 18 by non-State armed groups (art. 4 (2)).

Children, as victims of that crime, should not face criminal charges for the fact of their

association with a terrorist group. States should investigate and prosecute adults who recruit

children or order them to commit terrorist acts. A strict application of this principle may

prevent leaders of terrorist groups from seeking impunity by assigning the worst atrocities

to children. Targeted sanctions against terrorist leaders responsible for the six grave

violations that result in listing in the reports of the Secretary-General to the Security

Council (killing and maiming of children, recruitment or use of children as soldiers, sexual

violence against children, abduction of children, attacks against schools or hospitals and

denial of humanitarian access for children) are another useful tool in the fight against

impunity.50

52. In some cases, there may be evidence that an associated child above the age of

criminal responsibility has committed a crime. In such circumstances, States should

prioritize non-judicial measures focusing on the rehabilitation and reintegration of the child

rather than prosecution and detention.51 Any criminal charges brought against a child must

46 Additional Protocol I, art. 77, and Additional Protocol II, art. 4 (3) (c).

47 See Rome Statute of the International Criminal Court, arts. 8 (2) (b) (xxvi) and 8 (2) (e) (vii).

48 See, for example, CRC/C/OPAC/DZA/CO/1; CRC/C/OPAC/COL/CO/1; CRC/C/OPAC/IND/CO/1;

CRC/C/OPAC/MEX/CO/1; and CRC/C/OPAC/PHL/CO/1. See also Human Rights Council

resolution 35/34.

49 See Security Council resolution 2225 (2015).

50 See https://childrenandarmedconflict.un.org/six-grave-violations/.

51 See Security Council resolution 2225 (2015) and Global Counterterrorism Forum, Neuchâtel

Memorandum on Good Practices for Juvenile Justice in a Counterterrorism Context (2015).

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 re-

association 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 See Convention on the Rights of the Child, art. 37.

53 See Committee on the Rights of the Child, general comment No. 6, paras. 56–57.

54 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).

55 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.

60. States must take appropriate measures to ensure that the best interests of the child

are a primary consideration in their counter-terrorism laws and policies. Overly broad

counter-terrorism laws prohibiting loose association with, or material support for, terrorist

groups can in practice criminalize the provision of assistance to associated children, impede

efforts to inform them of their rights, prevent advocacy with terrorist groups on the legal

prohibition of recruitment of children and even hinder negotiation of the release of children

(see A/73/314). An associated child’s right to release, protection and reintegration is

immediate and does not depend on the existence of a ceasefire, peace agreement or formal

disarmament, demobilization and reintegration process.

61. The Principles and Guidelines on Children Associated with Armed Forces or Armed

Groups draw on a considerable body of expertise to lay out best practices for successful,

human rights-based reintegration and prevention of re-recruitment. Children should not be

institutionalized but should return to their families and communities as early as possible,

following a risk assessment and any necessary community sensitization. Where

reintegration with their own families is not possible, alternative family-based care

arrangements should be sought. Reintegration programmes should be available to all

children who wish to participate and accessible to children with disabilities. They should

include support for vulnerable, non-associated children in the community, in order to

reduce stigma and avoid a perception that children who may have harmed the community

are privileged over others. Programmes should strengthen local capacity to provide long-

term support to children, their families and communities.

62. Some formerly associated children, particularly those who have committed or been

subjected to acts of physical or sexual violence, may require intensive psychosocial support

and counselling, but others may reintegrate quickly in a supportive environment with only

minimal psychosocial support. Referrals should be based on an individual assessment,

taking into account that symptoms of trauma can take some time to appear and may vary

between boys and girls owing to their different socialization. Any participation by children

in group or individual counselling must be voluntary.

63. The measures that may help prevent child association with a terrorist group do not

necessarily overlap neatly with the measures that can facilitate dissociation and

reintegration into society. The narrative of radicalization is of limited value in preventing

association, but there is evidence that some children who have committed or participated in

violent acts may internalize violent extremist narratives in a post facto justification of their

actions. For such children, de-radicalization measures may play an essential role in their

reintegration, but for others they may prove counterproductive, further stigmatizing

children and their communities, or exacerbating grievances by ignoring or minimizing the

primary motivators that in fact led to association.56

64. Reintegration programmes must take account of the social, economic, psychological

and security stressors that may have driven association and include measures aimed at

preventing re-association. In some contexts, good practices and lessons learned from the

reintegration of former gang members can inform programme design. Disassociation may

involve a significant loss of status, resulting in feelings of insignificance and

ineffectiveness, which can be reduced through active child participation in programme

design and implementation. Formerly associated children could take on non-traditional

roles in their communities, applying any useful skills they have acquired through

association in a positive way.

65. Girls often choose not to access formal release and reintegration programmes owing

to a fear of stigmatization. In such cases, informal community-based programmes should be

available, partnering with existing women’s groups and including access to education and

vocational training. All programmes should be gender-sensitive and include an adequate

number of female personnel to ensure that girls feel secure and comfortable in accessing the

support available. The perceived value of girls is often associated with marriageability in

patriarchal social structures. Girl victims of child, early and forced marriage or other sexual

56 See Kato van Broeckhoven, “A complex programming landscape: the prevention of and response to

child association with non-State armed groups”.

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 re-

recruitment.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 See United Nations Counter-Terrorism Implementation Task Force, “Guidance to States on human

rights-compliant responses to the threat posed by foreign fighters”.

58 See Committee on the Rights of the Child, general comment No. 6, paras. 58–59.

that the children affected have access to special educational programmes and skills

training. Caregivers of child victims and witnesses should also have access to

appropriate support.

71. In their prevention efforts, States should recognize that the factors that place

children at risk of exploitation by a terrorist group overlap with risk factors for other

forms of exploitation. Child protection measures should take a holistic approach to

those risks, in partnership with children, their families and their communities. In

particular, States should take measures to address child poverty, to ensure that all

children have access to quality education without discrimination and to resolve

community grievances.

72. In line with their international obligations, States should explicitly prohibit and

criminalize the recruitment and use of children in hostilities by non-State armed

groups, including terrorist groups. Cases of exploitation of children by such groups

should be investigated and the perpetrators brought to justice. Exploited children

should have access to comprehensive rehabilitation and reintegration, which should

be gender-sensitive.