| Tittel: | Finnish Children or ‘Cubs of the Caliphate’? : Jurisdiction and State ‘Response-ability’ in Human Rights Law, Private International Law and the Finnish Child Welfare Act | | Ansvar: | Sanna Mustasaari | | Forfatter: | Mustasaari, Sanna  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Oslo law review | | Utgitt: | Oslo : Universitetsforlaget, 2020 | | Omfang: | S. 22-45 | | Serie: | Oslo law review ; 1/2020 | | Emneord: | Barn / Internasjonal privatrett / Menneskerettigheter | | Stikkord: | Barneloven (2007) Finland | | Geografiske emneord: | Finland | | Innhold: | 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.
Keywords: rights of the child obligation to protect habitual residence extraterritorial obligations Al-Hol camp | | Del av verk: | Oslo law review 1/2020 |
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