To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective

At the international, national and local level, authorities seek to prevent citizens from travelling to the Middle East to join fighting parties or settle in the ISIS caliphate (also referred to as IS, ISIS or its Arab language acronym, Daesh). As some travellers have not reached the age of majority...

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Main Author: Rozemarijn van Spaendonck
Format: Article
Language:English
Published: Utrecht University School of Law 2016-07-01
Series:Utrecht Law Review
Subjects:
Online Access:http://www.utrechtlawreview.org/articles/10.18352/ulr.348/
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author Rozemarijn van Spaendonck
author_facet Rozemarijn van Spaendonck
author_sort Rozemarijn van Spaendonck
collection DOAJ
description At the international, national and local level, authorities seek to prevent citizens from travelling to the Middle East to join fighting parties or settle in the ISIS caliphate (also referred to as IS, ISIS or its Arab language acronym, Daesh). As some travellers have not reached the age of majority, the authorities should take the best interests of the child (Article 3 Convention on the Rights of the Child) into account while addressing this so-called foreign fighter phenomenon. This article explores to what extent the best interests of the child are considered at the international (United Nations, Council of Europe, European Union), national (the Netherlands) and local (The Hague) level when preventing minors from travelling to Syria and Iraq. In general, it finds that little distinction is made between the position of children and young adults. The position of children is explicitly addressed when measures are taken to prevent radicalization. Attention for the position of children is often lacking when repressive measures such as criminal and administrative measures are taken.
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spelling doaj.art-6d320cf2e2514252ae10de8a5e1c2de22022-12-21T19:03:33ZengUtrecht University School of LawUtrecht Law Review1871-515X2016-07-01122416210.18352/ulr.348327To School or to Syria? The foreign fighter phenomenon from a children’s rights perspectiveRozemarijn van Spaendonck0Utrecht University School of Law, Willem Pompe Institute for Criminal Law and CriminologyAt the international, national and local level, authorities seek to prevent citizens from travelling to the Middle East to join fighting parties or settle in the ISIS caliphate (also referred to as IS, ISIS or its Arab language acronym, Daesh). As some travellers have not reached the age of majority, the authorities should take the best interests of the child (Article 3 Convention on the Rights of the Child) into account while addressing this so-called foreign fighter phenomenon. This article explores to what extent the best interests of the child are considered at the international (United Nations, Council of Europe, European Union), national (the Netherlands) and local (The Hague) level when preventing minors from travelling to Syria and Iraq. In general, it finds that little distinction is made between the position of children and young adults. The position of children is explicitly addressed when measures are taken to prevent radicalization. Attention for the position of children is often lacking when repressive measures such as criminal and administrative measures are taken.http://www.utrechtlawreview.org/articles/10.18352/ulr.348/foreign fightersbest interests of the childchildren’s rights
spellingShingle Rozemarijn van Spaendonck
To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective
Utrecht Law Review
foreign fighters
best interests of the child
children’s rights
title To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective
title_full To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective
title_fullStr To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective
title_full_unstemmed To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective
title_short To School or to Syria? The foreign fighter phenomenon from a children’s rights perspective
title_sort to school or to syria the foreign fighter phenomenon from a children s rights perspective
topic foreign fighters
best interests of the child
children’s rights
url http://www.utrechtlawreview.org/articles/10.18352/ulr.348/
work_keys_str_mv AT rozemarijnvanspaendonck toschoolortosyriatheforeignfighterphenomenonfromachildrensrightsperspective