Summary: The Committee devoted its 38th and
39th meetings, on a Day General
Discussion on “Children in armed
conflicts” (5 October 1992). This
report was adopted by the
Committee at its 46th Meeting, 9
October 1992 (CRC/C/10). It
includes an overview of the Day of
General Discussion on "Children in
Armed Conflicts” (chap. 3, I ,
paragraphs 61-77, pp. 20-23). Report on the second session of the Committee on the Rights of
the Child (28 September-9 October 1992)
This report includes the names of the organizations which
participated in the debate and the following discussed issues:
1. Relevance and adequacy of existing standards
2. Reinforcement of preventive measures
3. Ensuring an effective protection to children in situations of
armed conflict
4. Promotion of physical and psychological recovery and social
reintegration
5. Follow-up to the general discussion
19 October 1992
Extract of the Report on the second session of the Committee on
the Rights of the Child (28 September-9 October 1992) : general
discussion on Children in armed conflicts (chap. III, I, paragraphs
61-77, pp. 20-23).
III. Overview of the activities of the Committee
I. General discussion on children in armed conflicts .......................
61 - 77 20
61. At its first session, the Committee decided to include a specific
provision in its rules of procedure on the organization, in one or
more meetings of its regular sessions, of a general discussion on
one specific article of the Convention on the Rights of the Child or
a related subject, as a means to enhance a deeper
understanding of the contents of this international instrument
(rule 75). At that time, the Committee decided to devote a day of
its second session to the consideration of the topic "Children in
armed conflicts".
62. The decision to consider this topic was based on:
(a) The outstanding importance of this issue in the context of the
promotion and protection of children's rights and the role the
Convention can play in that respect;
(b) The fact that, in recent years, a growing number of conflicts
are occurring (more than 150 since the Second World War), using
more sophisticated and brutal weapons and fighting methods,
affecting a growing number of civilians, particularly children;
(c) The urgency of creating awareness, raising concern and
encouraging adequate action;
(d) The need to underline the complexity of the question of
children in armed conflicts, which should not be simply reduced to
the consideration of a single provision of the Convention, namely
article 38.
63. In the consideration of the topic in light of the relevant
provisions of the Convention, concerns of a different nature might
be raised. Among them:
(a) the relevance and adequacy of existing international
instruments, including international humanitarian law, and the
advisability of envisaging new standard-setting activities;
(b) the need to reinforce the adoption of preventive measures,
designed either to prevent conflicts or to prevent children from
taking direct or indirect part in the hostilities or suffering its
effects;
(c) the need to ensure an effective protection of children in a
period of armed conflict, in the overall framework of the
realization of all the rights of the child, inherent to his or her
dignity and essential to the full and harmonious development of
his or her personality;
(d) the need to ensure the promotion of the physical and
psychological recovery and social reintegration of any child victim
of, or affected by, an armed conflict, in an environment which
fosters the health, self-respect and dignity of the child.
64. The Committee devoted its 38th and 39th meetings, on 5
October 1992, to ageneral discussion on Children in armed
conflicts.
The following organizations participated in the debate:
Food and Agriculture Organization of the United Nations,
United Nations Educational,
Scientific and Cultural
Organization, World Health Organization,
Office of the United Nations High
Commissioner for Refugees,
United Nations Children's Fund, International
Committee of the Red Cross,
Friends' World Committee for Consultation,
Institut Henri-Dunant,
International Catholic Child Bureau,
International Council of Voluntary Agencies and
International Save the Children Alliance, including Rädda Barnen
and Save the Children Fund UK.
The Committee also had on this occasion the opportunity to
establish a dialogue with Mr. Vitit Muntarbhorn, the Special
Rapporteur of the Commission on Human
Rights on the Sale of Children.
1. Relevance and adequacy of existing standards
65. Reference was made to the different provisions applicable in
the framework of children in armed conflicts, including the four
Geneva Conventions, the additional Protocols, the Declaration on
the Protection of Women and Children in Periods of Emergency
and Armed Conflicts, the Declaration on the Rights of the Child,
and the Convention on the Rights of the Child. Mention was also
made of other United Nations standards, such as the
International Covenant on Civil and Political Rights and General
Comment 17 adopted by the Human Rights Committee on article
24 of that Covenant.
66. It was pointed out that there were some situations in which
children did not benefit from the protection of existing standards,
as was very often the case in internal strife. There was therefore
a need to consider a set of minimum humanitarian standards to
be applicable in all situations to all children, without
discrimination, in a period of armed conflict, thus filling any
possible existing gaps.
67. When basing the consideration of the question of children in
armed conflicts on the Convention itself, it was recalled that
States parties have undertaken to respect and ensure all the
rights set forth therein to all children within their jurisdiction (art.
2). States parties have also made a commitment to adopt all
appropriate measures in order to achieve such a purpose (art. 4)
and that, in all actions taken, the best interests of the child shall
be a primary consideration (art. 3). None of these general
provisions admit a derogation in time of war or emergency.
68. It was further recalled that the Convention, under its article
41, invites States parties to always apply the norms which are
more conducive to the realization of the rights of the child,
contained either in applicable international law or in national
legislation. Finally, attention was drawn to the fact that States
parties may also make declarations when ratifying or acceding to
the Convention, expressing their commitment before the
international community to apply more conducive standards than
those directly deriving from the Convention, namely by not
recruiting children under 18 years of age into the armed forces.
69. This framework led to the consideration of different needed
actions: (a) ratification of, or accession to, existing relevant
international instruments; (b) effective implementation of such
standards; and (c) improvement of the existing normative
framework.
2. Reinforcement of preventive measures
70. General measures designed to prevent the occurrence of
conflicts were discussed. Emphasis was put on the role which
education can play:
(a) Education in a spirit of understanding, solidarity and peace, as
a
general and continuous process, as reflected in article 29 of the
Convention on the Rights of the Child;
(b) Education and training for the military and for groups working
with and for children;
(c) Education and dissemination of information specifically for
children.
Attention was also drawn to the need for creating awareness of
the political grounds for the existence of conflicts; such an
attitude may contribute to the consideration of solutions of
mediation or conciliation designed to prevent the conflict or
attenuate its effects.
71. Importance was also given to the question of arms
expenditures, the sale of arms and the advisability of considering
an adequate monitoring mechanism of this reality. As a general
preventive measure, reference was also made to the prevention
of child abuse and neglect, which could contribute to the
prevention of future use of violence.
72. Specific preventive measures designed to prevent the
involvement of children in armed conflicts were also discussed:
mention was made of the interdiction of recruitment into the
armed forces under a certain age, as well as of the adoption of
measures ensuring that children will not take part in hostilities or
suffer their effects.
3. Ensuring an effective protection to children
in situations of armed conflict
73. It was recalled that, apart from article 38, the overall
framework of the realization of the rights of the child set forth by
the Convention should be ensured; this framework was very
often also reflected in the provisions of humanitarian law. Among
these, reference was made to the importance of: protecting the
family environment; ensuring the provision of essential care and
assistance; ensuring access to health, food and education;
prohibiting torture, abuse or neglect; prohibiting the death
penalty; and the need to preserve the children's cultural
environment, as well as the need of protection in situations of
deprivation of liberty. Particular emphasis was also put on the
need to ensure humanitarian assistance and relief and
humanitarian access to children in situations of armed conflict. In
this respect, special attention was paid to important measures,
such as days of tranquility and corridors of peace.
4. Promotion of physical and psychological
recovery and social reintegration
74. Consideration was particularly given to article 39 of the
Convention: different experiences and programmes were brought
to the attention of the Committee, underlying the need for
resources and goods (namely, food and medicine). Moreover,
emphasis was put on the need to consider a coherent plan for
recovery and reintegration, to be planned and implemented in a
combined effort by United Nations bodies and non-governmental
organizations. Attention should be paid to (a) the implementation
and monitoring of adequate strategies and (b) the need to
reinforce the involvement of the family and the local community in
this process.
5. Follow-up to the general discussion
75. In view of the different contributions made and the problems
considered, the Committee recognized that there was a need for
a continuous response to the outstanding and complex question
of children in armed conflicts, in the framework of its mandate. It
therefore envisaged different measures which it could take to
face this problem:
(a) Development of more specific guidelines for the
implementation of
the more relevant provisions, namely articles 38 and 39;
(b) Drafting of a set of recommendations;
(c) Consideration of a preliminary general comment;
(d) Realization of general studies on certain aspects of the
problem;
(e) Preliminary drafting of a future optional protocol to the
Convention on the Rights of the Child raising the age of
recruitment of children into the armed forces to 18 years of age.
76. To consider these different measures, in the light of the
general discussion the Committee decided to establish a working
group composed of some of its members, entrusted with the task
of submitting final proposals at the
next regular session of the Committee, scheduled for January
1993.
77. Furthermore, the Committee highlighted that, in the task of
examining States parties reports, it could envisage:
(a) Welcoming the declaration made by some States parties on
the decision they had taken not to recruit children under the age
of 18 years;
(b) Emphasizing the need for information on the legislation and
practice of States parties, as far as the application of article 38 is
concerned;
(c) Seeking information, in light of article 41, on whether the most
conducive norms are applied, or encouraging the adoption of
more protective provisions at the national level;
(d) Encouraging States parties to consider, when recruitment into
the armed forces is admitted under the age of 18 years, how this
situation takes the best interests of the child as a primary
consideration;
(e) Emphasizing and encouraging States parties to consider, in
their continuous process of monitoring progress, whether all
necessary and appropriate measures have been adopted to
ensure the full realization of the rights of the child, to all children
under their jurisdiction.