1. 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

2. 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
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
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3. 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.
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.
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4. 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
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
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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
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Art. 4
Children shall be provided with the care and aid they require
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5. 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
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.
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6. 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

7. 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

8. 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

9. 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 .

10. 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.

11. 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
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

12. 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.
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