Summary: At its fourth session, the Committee
on the Rights of the Child decided to
make available for general
distribution a compilation of the
conclusions and recommendations
adopted at its previous (first to
nineteenth) sessions. Chapter X of
this document compiles information
on the issue of "children in armed
conflict".
CRC/C/19/Rev.9
16 November 1998
Compilation of the conclusions and recommendations adopted by
the Committee on the Rights of the Child at his twentieth session
: 16/11/98. CRC/C/19/Rev.9. (Basic Reference Document)
COMMITTEE ON THE RIGHTS OF THE CHILD
Twentieth session
Geneva, 11-29 January 1999
Item 7 of the provisional agenda
METHODS OF WORK OF THE COMMITTEE
Compilation of the conclusions and recommendations adopted
by the Committee on the Rights of the Child
Note by the Secretariat
1. At its fourth session, the Committee on the Rights of the Child
decided to make available for general distribution a compilation of
the conclusions and recommendations adopted at previous
sessions. The Committee also decided that this compilation
should be updated on a regular basis in the future.
2. The texts of the conclusions and recommendations adopted by
the Committee at its first to nineteenth sessions are contained in
the annex to the present document.
Annex
CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE
COMMITTEE ON THE RIGHTS OF THE CHILD AT ITS FIRST TO
NINETEENTH SESSIONS
Resume
X. CHILDREN IN ARMED CONFLICTS
Third session, Recommendation 1
Fourth session, Recommendation 5
Sixth session, Recommendation 2
Seventh session, Recommendation 1
Nineteenth session, Recommendation
Full text of chap X
X. CHILDREN IN ARMED CONFLICTS
Third session, Recommendation 1
The Committee on the Rights of the Child, / See CRC/C/16,
Recommendation 1./
Recalling that in accordance with the provisions of article 45 (c) of
the Convention, the Committee may recommend to the General
Assembly to request the Secretary-General to undertake, on its
behalf, studies on specific issues relating to the rights of the
child,
Further recalling that at its second session the Committee
devoted one day to a general discussion on the topic "Children in
armed conflicts", having discussed the relevance and adequacy of
existing standards applicable in the framework of children in
armed conflicts; the measures to ensure effective protection to
children in situations of armed conflicts and the promotion of
physical and psychological recovery and social reintegration,
Having concluded that in order to focus greater attention on the
serious problem of children in armed conflicts, a major United
Nations study should be undertaken,
1. Recommends to the General Assembly, in accordance with
article 45 (c) of the Convention, that it request the Secretary-
General to undertake a study on ways and means of improving
the protection of children from the adverse effects of armed
conflicts; for this purpose, the Secretary-General might wish to
invite the cooperation of relevant specialized agencies, other
United Nations organs, non-governmental organizations and the
International Committee of the Red Cross;
2. Requests the Secretary-General to bring this recommendation
to the attention of the General Assembly for consideration at its
forty-eighth session.
Fourth session, Recommendation 5
The Committee on the Rights of the Child, / See CRC/C/20,
Recommendation 5./
Recalling its general discussion on the topic "Children in armed
conflicts" and the recommendations adopted thereon,
Having considered the serious attention paid by the Commission
on Human Rights to this question and the important resolutions
adopted by the Commission in this field,
Encouraged by the support expressed by the World Conference
on Human Rights to the Committee's proposal that the Secretary-
General initiate a study of means of improving the protection of
children in armed conflicts,
Taking note of the request addressed to it by the World
Conference on Human Rights to study the question of raising the
minimum age of recruitment into armed forces,
Requests the Secretary-General to transmit to the Commission on
Human Rights at its fiftieth session the preliminary draft optional
protocol the Committee had prepared on this issue at its third
session (CRC/C/16, annex VII).
Sixth session, Recommendation 2
/ See CRC/C/29, Recommendation 2./
See above, Chapter VII, Sixth session, Recommendation 2.
Seventh session, Recommendation 1
/ See CRC/C/34, Recommendation 1./
The Committee on the Rights of the Child,
Recalling its general discussion on the topic "Children in armed
conflicts" and the recommendations adopted thereon,
Taking into consideration the attention paid by the General
Assembly and the Commission on Human Rights to this question,
Recalling the decision of the Commission on Human Rights to
establish a working group to elaborate a draft optional protocol
to the Convention on the Rights of the Child on the involvement
of children in armed conflicts, and to use as a basis for its
discussions the preliminary draft submitted by the Committee on
the Rights of the Child,
Recalling also the support expressed by the World Conference on
Human Rights for the Committee's recommendation that a major
study be initiated on the means of improving the protection of
children in armed conflicts,
Taking into consideration General Assembly resolution 48/157 of
20 December 1993 in which the Assembly requested the
Secretary-General to appoint an expert to undertake a
comprehensive study of this question,
1. Welcomes the appointment of Mrs. Garça Machel as the expert
entrusted with the task of carrying out this study;
2. Also welcomes the opportunity of meeting Mrs. Machel and
exchange views with her on the main areas to be covered by the
study;
3. Decides to cooperate closely with Mrs. Machel in the
preparation of this major study.
Nineteenth session, Recommendation
/ See CRC/C/80, Recommendation./
The Committee on the Rights of the Child,
Recalling that at its second session in 1992 the Committee
devoted one day to a general discussion on the topic "Children in
armed conflict" at which the relevance and adequacy of existing
standards were discussed,
Noting the similarity of the conclusions on the negative effects of
armed conflicts on children reached by the expert of the
Secretary-General in her 1996 study entitled "The impact of
armed conflict on children" (A/51/306 and Add.1) and by the
Special Representative of the Secretary-General on the impact of
armed conflict on children,
Recalling that at its third session it prepared a preliminary draft
optional protocol to the Convention on the Rights of the Child
(E/CN.4/1994/91, annex) that it submitted to the Commission on
Human Rights at its fiftieth session,
Having welcomed the subsequent decision of the Commission on
Human Rights, as contained in its resolution 1994/91, to establish
an open-ended inter-sessional working group to elaborate, as a
matter of priority, a draft optional protocol to the Convention on
the Rights of the Child on the involvement of children in armed
conflict,
Noting that the working group has met yearly since 1995 and
that it was unable, at its fourth session held in February 1998, to
reach agreement on a draft text which could be adopted by
consensus,
Welcoming Commission resolution 1998/76 and the request to
the Secretary-General to invite the Committee, inter alia, to
submit comments and suggestions on the report of the working
group,
Reiterating its growing alarm, upon its examination of a large
number of reports of States parties on their implementation of
the Convention on the Rights of the Child, at the deeply tragic
consequences of the involvement of children in armed conflict,
1. Expresses its concern at the delays experienced in the process
of drafting and adopting the optional protocol to the Convention
on the Rights of the Child on the involvement of children in armed
conflict;
2. Recalls that the function of optional protocols is to promote the
progressive development of international law by enabling those
States that are willing to adopt more demanding standards to do
so;
3. Reaffirms its belief that this new legal instrument is urgently
needed in order to strengthen the levels of protection ensured by
the Convention;
4. Stresses the special responsibility of States parties to the
Convention on the Rights of the Child in the search for the most
protective solutions, guided by the best interests of the child;
5. Recalls its major recommendation on the fundamental
importance of raising the age of all forms of recruitment of
children into the armed forces to 18 years and the prohibition of
their involvement in hostilities;
6. Also recalls that adoption of the optional protocol will provide
an opportunity for States parties that are in a position to do so,
and them alone, to accept its provisions by ratification or
adherence;
7. Expresses the hope that States that are not yet in a position
to accept the 18-year age limit will not prevent the adoption of
the optional protocol by other Governments;
8. Invites States parties to make every effort to facilitate the
adoption of the optional protocol on the involvement of children in
armed conflict before the tenth anniversary of the adoption of the
Convention on the Rights of the Child.