Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle>
This article examines the legal position of children of families allegedly associated with Daesh (ISIL/ISIS) who are currently detained in refugee camps in Syria. The analysis is based on a review of consular legislation, human rights obligations and the rules of the Brussels IIa Regulation as well...
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| Format: | Article |
| Language: | English |
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Scandinavian University Press (Universitetsforlaget)
2020-04-01
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| Series: | Oslo Law Review |
| Subjects: | |
| Online Access: | http://www.idunn.no/doi/10.18261/ISSN.2387-3299-2020-01-03 |
| _version_ | 1811305161456353280 |
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| author | Sanna Mustasaari |
| author_facet | Sanna Mustasaari |
| author_sort | Sanna Mustasaari |
| collection | DOAJ |
| description | This article examines the legal position of children of families allegedly associated with Daesh (ISIL/ISIS) who are currently detained in refugee camps in Syria. The analysis is based on a review of consular legislation, human rights obligations and the rules of the Brussels IIa Regulation as well as the 1996 Hague Child Protection Convention. The analysis suggests that the norms and rules of private international law generate content and substance for the concept of ‘jurisdiction’ in both international human rights conventions and the Finnish constitution. The particular perspective from which the issue is examined concerns the situation of the Finnish children who are currently held being captive in the refugee camp of Al-Hol in Syria. In particular, the article probes the issue of defining the habitual residence of a child who has been taken by his or her parents to the so-called ‘Caliphate’ and later captured and held in the refugee camp. It is concluded that these children are likely to be without a habitual residence and the jurisdiction to take protective measures is thus defined in national law. The article argues that under its human rights obligations as well as national norms, especially those contained within the Finnish Child Welfare Act, Finland has the legal obligation to repatriate the children, and in most cases their mothers too, from Al-Hol. |
| first_indexed | 2024-04-13T08:21:36Z |
| format | Article |
| id | doaj.art-bfdfabcb248842958030a7294eb9dd79 |
| institution | Directory Open Access Journal |
| issn | 2387-3299 |
| language | English |
| last_indexed | 2024-04-13T08:21:36Z |
| publishDate | 2020-04-01 |
| publisher | Scandinavian University Press (Universitetsforlaget) |
| record_format | Article |
| series | Oslo Law Review |
| spelling | doaj.art-bfdfabcb248842958030a7294eb9dd792022-12-22T02:54:39ZengScandinavian University Press (Universitetsforlaget)Oslo Law Review2387-32992020-04-0171224510.18261/ISSN.2387-3299-2020-01-03Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle>Sanna MustasaariThis article examines the legal position of children of families allegedly associated with Daesh (ISIL/ISIS) who are currently detained in refugee camps in Syria. The analysis is based on a review of consular legislation, human rights obligations and the rules of the Brussels IIa Regulation as well as the 1996 Hague Child Protection Convention. The analysis suggests that the norms and rules of private international law generate content and substance for the concept of ‘jurisdiction’ in both international human rights conventions and the Finnish constitution. The particular perspective from which the issue is examined concerns the situation of the Finnish children who are currently held being captive in the refugee camp of Al-Hol in Syria. In particular, the article probes the issue of defining the habitual residence of a child who has been taken by his or her parents to the so-called ‘Caliphate’ and later captured and held in the refugee camp. It is concluded that these children are likely to be without a habitual residence and the jurisdiction to take protective measures is thus defined in national law. The article argues that under its human rights obligations as well as national norms, especially those contained within the Finnish Child Welfare Act, Finland has the legal obligation to repatriate the children, and in most cases their mothers too, from Al-Hol.http://www.idunn.no/doi/10.18261/ISSN.2387-3299-2020-01-03rights of the childobligation to protecthabitual residenceextraterritorial obligationsAl-Hol camp |
| spellingShingle | Sanna Mustasaari Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle> Oslo Law Review rights of the child obligation to protect habitual residence extraterritorial obligations Al-Hol camp |
| title | Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle> |
| title_full | Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle> |
| title_fullStr | Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle> |
| title_full_unstemmed | Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle> |
| title_short | Finnish Children or ‘Cubs of the Caliphate’?<subtitle>Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act</subtitle> |
| title_sort | finnish children or cubs of the caliphate subtitle jurisdiction and state response ability in human rights law private international law and the finnish child welfare act subtitle |
| topic | rights of the child obligation to protect habitual residence extraterritorial obligations Al-Hol camp |
| url | http://www.idunn.no/doi/10.18261/ISSN.2387-3299-2020-01-03 |
| work_keys_str_mv | AT sannamustasaari finnishchildrenorcubsofthecaliphatesubtitlejurisdictionandstateresponseabilityinhumanrightslawprivateinternationallawandthefinnishchildwelfareactsubtitle |