The European Court of Human Rights (ECHR) has formally challenged the United Kingdom's decision to strip Shamima Begum of her British citizenship, focusing on the state's potential failure to consider her as a victim of trafficking before taking that step.
Court Raises Questions Over Trafficking and State Duty
In a significant legal development, judges at the Strasbourg-based court have sent a list of questions to the UK Home Office. The central query asks whether the Home Secretary had a positive obligation under Article 4 of the European Convention on Human Rights to consider if Ms Begum was a trafficking victim before deciding to deprive her of citizenship.
Ms Begum, who was 15 years old when she left her home in Bethnal Green, east London, to travel to Islamic State (IS) territory a decade ago, was subsequently 'married off' to an IS fighter. Her British citizenship was revoked in 2019 on national security grounds by the then Home Secretary, Sajid Javid.
Legal Battle and 'Unprecedented Opportunity'
The case was lodged with the ECHR in December last year, following a UK Supreme Court ruling that denied Ms Begum the right to return to Britain to challenge the citizenship decision. She remains in a camp in Syria, where her baby son died in 2019.
Her legal team at Birnberg Peirce Solicitors has described the court's communication as an 'unprecedented opportunity' to address issues they claim have been ignored by previous UK administrations. Lawyer Gareth Peirce stated it is 'impossible to dispute' that a 15-year-old was 'lured, encouraged and deceived for the purposes of sexual exploitation'.
Ms Peirce further argued there was a 'catalogue of failures' to protect a child known to be at high risk, especially after a friend had disappeared to Syria in an identical manner. She noted it has already been conceded that Mr Javid 'failed entirely to consider the issues of grooming and trafficking'.
Government Stance and Political Reaction
The Home Office has responded robustly, stating that any decision made to protect national security will be defended. A spokesperson said: 'The Government will always protect the UK and its citizens. That is why Shamima Begum - who posed a national security threat - had her British citizenship revoked and is unable to return to the UK.'
The Conservative party maintains she should not be allowed back 'under any circumstances'. Shadow home secretary Chris Philp echoed this, citing the atrocities committed by the so-called Islamic State.
This legal challenge follows a recent independent counter-terrorism review from November, which labelled the UK an 'outlier' for not repatriating its citizens from Syria and called for a policy change.
