International Legal Instruments Fundaments One of the recommendations the Prophet, Peace Be Upon Him, made to army commanders was: “Set forth in the name of Allah, with (the help of) Allah and in adherence to the religion of the Prophet, Peace be Upon Him. Do not kill any old person, any child or any woman. States have the primary responsibility Children have certain additional rights

Main legal instruments, which apply to children in emergencies National Instruments International Humanitarian Law The four Geneva Conventions of 1949 and their two Additional Protocols of 1977 Human Rights Law Convention on the Rights of the Child (CRC), 1989 UN Security Council Resolutions The seven Security Council Resolutions 1330 - 1500 A fundamental element of child protection is the recognition that States have the primary responsibility for ensuring the human rights of all persons within their jurisdiction. Children share protected universal human rights with all other persons. Because of children's dependence, vulnerability and developmental needs, they also have certain additional rights. The legal basis for prioritized action on behalf of children is well established in international law. Familiarity with relevant laws provides the framework within which those who work on behalf of children should operate, and is the central component in a rights-based approach to programming Note the difference between legally binding and non-binding legal instruments: Treaties, such as conventions or covenants, are formal legal texts to which States become parties and are “hard law”, and legal binding obligations. Other instruments, such as declarations, principles or rules, are non-binding on States, and are “soft law”. They are often more detailed than those found in treaties, and can therefore complement hard law. These instruments are authoritative standards because States participated in their elaboration and they reflect international consensus, i.e. States did not object to the provisions they contain. An example, of soft law is the Paris Committments UNICEF

The fourth Geneva Convention relative to the protection of civilian persons in time of war Art 14 …safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven. Art 23 …free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. 1330 - 1500 NB; The fourth Referred to as the law of war: applies in times of armed conflict – international and non-international - and which protects children and adults who are not or no longer taking direct part in hostilities and regulates the means and methods of warfare. UNICEF

The Additional Protocols to the Geneva Conventions Additional Protocol I relating to the protection of victims of international armed conflicts Art 77. Protection of children ..be the object of special respect and shall be protected against indecent assault. .. provide them with the care and aid they require,.. .. take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities Additional Protocol II relating to the protection of victims of non-international armed conflicts Art. 4 Children shall be provided with the care and aid they require 1330 - 1500 The Additional Protocols to the Geneva Conventions Additional Protocol I relating to the protection of victims of international armed conflicts Additional Protocol II relating to the protection of victims of non-international armed conflicts //////////////// Art 77. Protection of children 1. ..be the object of special respect and shall be protected against indecent assault. .. provide them with the care and aid they require,.. 2. .. take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities ///////////// Art. 4 Children shall be provided with the care and aid they require UNICEF

Human Rights Law Convention on the Rights of the Child Seeks to protect basic human rights at all times. Certain rights may be suspended in emergencies. HRL is monitored by courts and treaty bodies Convention on the Rights of the Child The highest standards of protection for children Most widely ratified Applies to all children at all times 1330 - 1500 Seeks to protect basic human rights at all times. Certain rights may be suspended in emergencies; however, the Convention of the Rights of the Child is applicable at all times. HRL is monitored by courts and treaty bodies The United Nations Convention on the Rights of the Child (CRC) provides a comprehensive code of civil, political, economic, social and cultural rights that offer the highest standards of protection and assistance for children All but two countries are parties to the Convention (Somalia and the USA are the exceptions) Including during emergencies and war. None of the rights it prescribes are derogable, meaning that none of them can be suspended under any circumstances Not only on a description of children’s rights, but also a description of what is expected of us as Humanitarian workers. UNICEF

Universal Declaration of Human Rights Convention on the Rights of the Child Article 1 free and equal in dignity and rights Considering that … Article 2 non-discrimination Article 2 non-discrimination Article 3 life, liberty and security of person Article 6 right to life Article 4 no slavery Article 32 work conditions and child labour Article 5 no torture Article 37 no torture or inhumane treatment Article 6 recognition as person before the law Article 40 due process rights and juvenile justice Article 7 equality before the law Article 40 due process rights and juvenile justice Article 8 effective remedy Article 24 health care services Article 9 no arbitrary arrest Article 37 no torture or inhumane treatment Article 10 fair trial Article 40 due process rights and juvenile justice Article 11 presumption of innocence; Article 40 due process rights and juvenile justice

Article 12 privacy Article 16 protection of privacy Article 13 freedom of movement, exit and re-entry Article 10 family reunification Article 14 asylum Article 22 refugee children Article 15 nationality Article 7 name and nationality Article 16 marriage and family Article 5 rights and duties of parents Article 17 property No article Article 18 freedom of conscience and religion Article 14 freedom of thought, conscience and religion Article 19 freedom of opinion and expression Article 13 freedom of expression Article 20 freedom of assembly and association Article 15 freedom of association and peaceful assembly Article 20 freedom of assembly and association Article 15 freedom of association and peaceful assembly Article 21 participation in government Article 12 child's opinion Article 22 economic, social and cultural rights Article 4 implementation

Article 23 work Article 28 education Article 24 rest and leisure Article 31 leisure and cultural activities Article 25 standard of living Article 27 standard of living Article 26 education Article 28 education Article 27 culture Article 31 leisure and cultural activities Article 28 social and international order Article 41 respect for existing standards Article 29 duties and limitations Article 3 best interests of the child Article 30 no abuse of rights Article 41 respect for existing standards

Core Articles of the Convention of the Rights of the Child …, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. …, take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, . …, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.. Art. 1 definition of a child Art. 2 non-discrimination Art. 3 best interest Art. 6 inherent right to life and survival Art. 9 separation from parents Art. 10 family reunification Art. 12 participation Art. 19 protection from abuse and neglect Art. 20 special protection for children without family …, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. … all actions concerning children, the best interests of the child shall be a primary consideration … ensure that a child shall not be separated from his or her parents against their will, … …, child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child . …, regard shall be paid to the desirability of continuity in a child's upbringing .

Core Articles of the Convention of the Rights of the Child (cont.) .., receive appropriate protection and humanitarian assistance ... .. right of the child to the enjoyment of the highest attainable standard of health ... Art. 22 refugee children Art. 24 primary preventive health care Art. 28 education Art. 34 sexual exploitation Art. 35 sale, trafficking and abduction Art. 37 torture, cruel, inhuman or degrading treatment or punishment Art. 38 protection in times of armed conflict .. right of the child to education ... .. protect the child from all forms of sexual exploitation and sexual abuse. No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. .. take all appropriate national, bilateral and multilateral measures .. …persons who have not attained the age of fifteen years do not take a direct part in hostilities.

The CRC’s Optional Protocols The Involvement of Children in Armed Conflict .. take all feasible measures to ensure that members of their armed forces under the age of 18 years do not take direct part in hostilities, and prohibits the compulsory recruitment of persons under the age of 18. It also provides that armed groups should not recruit or use in hostilities persons under the age of 18. The Sale of Children, Child Prostitution and Child Pornography … criminalizes specific acts relating to the sale of children, child prostitution and child pornography, including attempt and complicity. It lays down minimum standards for protecting child victims in criminal justice processes and recognizes the right of victims to seek compensation. It encourages strengthening of international cooperation and assistance and the adoption of extraterritorial legislation 1330 - 1500 Adopted by the General Assembly in May 2000, and entered into force in 2002 does not provide for exemption from the dual criminality principle. There are concerns that the OPSC does not protect children from victimization in criminal processes once they have been recognized as having had their rights violated. UNICEF

Group work on protection of children Your are a group of advocates for children. You have the opportunity to spend 5 minutes with the United Nations Committee on the Rights of the Child to highlight concerns you have, as they relate to violations of child rights. Prepare a five minute presentation, explaining the circumstances surrounding the child rights violations and what suggestions the Committee could make to the relevant authorities. 1330 - 1500 Process Chose; chair, minutes and presenter, Individually read the case In a circle around the table, each participant says one thought about on protection concerns faced by displaced children in the country Prepare a five minute presentation, outlining the relevant articles, explaining the circumstances surrounding the child rights violations and what suggestions the Committee could make to the relevant authorities. UNICEF