Attributes of Article 38

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

 

Respect for IHL applicable to the child

 

Age limits on participation on hostilities

 

Age of recruitment

 

All feasible measures of care and protection

 

Structural

  Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights

 

1.  State has ratified:

1.1  Optional Protocols on sale of children, and on involvement of children in armed conflict, 2000

1.2  International Labour Organization (ILO) Convention no.182, 2000

1.3  Geneva Conventions and subsequent optional protocols, 1949

1.4  Rome Statute of the International Criminal Court, 1998

1.5  Ottawa Convention on Landmines, 1997

 

2.     State has signed up to the Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups, 2007.

 

 

3.     Legislation prohibits any participation in hostilities under the age of 18 years.

4.     Legislation prohibits compulsory or forced recruitment into armed forces under the age of 18 years.

 

5.     Legislation prescribes that 18 years is the minimum age for voluntary recruitment into armed forces, together with safeguards to guarantee against coercion.

 

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

6.     State applies IHL, as applicable to children, as the framework for monitoring compliance with Article 38.

 

7.     The State’s armed forces are provided with pre- and/or in-service training on IHL and children’s rights.

 

8.     State respects IHL with regard to children and ensures respect from non-State actors such as armed groups or rebel forces.

 

9.     GCRD Programmes for all children below the age of 18 years are in place, where appropriate to:

9.1  Raise awareness of the risks of participation in hostilities

9.2  Raise awareness of rights to protection from participation in hostilities

9.3  Provide alternative opportunities to reduce likelihood of participation

 

10.  Children accused of  crimes committed by children in the context of hostilities are considered primarily as victims rather than perpetrators and treated in accordance with CRC Article 39 and the Paris Principles.

 

 

11.  Where voluntary recruitment of under 18 years is permitted, children are:

11.1 Provided with comprehensive information on implications of enlisting

11.2 Prohibited from direct participation in conflict or working with firearms

11.3 Entitled to leave armed forces at any stage

11.4 Provided with appropriate counselling and psychosocial support

 

12.  State has taken active measures to de-mobilise any children already recruited, in a manner consistent with the Paris Principles.

 

13.  State has systems in place to facilitate recovery and rehabilitation of de-mobilised children in a manner consistent with the Paris Principles.

 

14.  State guarantees special protection measures for children in accordance with 3rd and 4th Geneva Conventions and protocols 1 & 2.

 

15.  Safe access to education for all children, including early years, is provided and protected in situations of armed conflict.

 

16.  Judicial mechanisms have been established to tackle gross violations of IHL and children’s rights in situations of armed conflict.

 

17.  State consistently seeks and gives due weight to the views of children in all matters related to de-mobilisation and rehabilitation.

Outcome

Indicators

 refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

 

18.  Percentage of members of armed forces trained and knowledgeable concerning IHL and the CRC.

 

19.  GCRD Percentage of children aware of their right to protection from participation in hostilities.

 

20.  Number of children participating directly or indirectly in hostilities.

 

21.  Number of children below the age of 18 years recruited into armed forces, disaggregated in accordance with age and sex.

 

22.  Number of children below the age of 18 years recruited into militia or armed groups, disaggregated in accordance with age and sex.

 

 

23.  Number of children:

23.1   Affected by armed conflict

23.2   Affected by sexual exploitation and/or gender-based violence in a situation of armed conflict

23.3   Physically or psychologically harmed by armed conflict

23.4   Killed by armed conflict

23.5   Displaced internally or outside the country

 

24.  Percentage of children provided with safe access to education in situations of armed conflict.

 

25.  Percentage of children participating in hostilities de-mobilised and successfully reintegrated within their families and communities.

 

26.  Percentage of children de-mobilised and provided with recovery and rehabilitation. (Art 39-Ind 14)