sures shall extend to “treatment and follow-up of
instances of child maltreatment… and, as appropriate, for judicial involvement”.284 States shall “take
all appropriate measures to promote physical and
psychological recovery and social reintegration of
a child victim of any form of neglect, exploitation,
or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or
armed conflicts”.285
147.
The Security Council has also reflected on
these obligations, especially in its resolutions on
children and armed conflict. The Council has stressed
the primary role of Governments in providing
protection and relief to all children affected by armed
conflict.286 States are encouraged “to focus on longterm and sustainable reintegration and rehabilitation for children affected by armed conflict”.287 In this
regard, the Council has urged all parties concerned,
including Member States, United Nations entities
and financial institutions to support national institutions and local civil society networks “for advocacy,
protection and rehabilitation of children affected by
armed conflict to ensure the sustainability of local
child-protection initiatives”.288
284 Convention on the Rights of the Child (1989), art. 19(2);
The article is considered as directly relevant to the Optional
Protocol on the involvement of children in armed conflict.
See Committee on the Rights of the Child, general comment
No. 13 (2011), para. 7(a).
285 Convention on the Rights of the Child (1989), art. 39.
286 Security Council resolution 2427 (2018), seventh preambular para.; Security Council resolution 2225(2015), seventh
preambular para.
287 Security Council resolution 2427 (2018), para. 26.
288 Security Council resolution 1612 (2005), para. 17; Security Council resolution 2427 (2018), para. 37.
148.
Furthermore, in its resolution 2396 (2017),
the Security Council recognized the particular
importance of providing timely and appropriate
reintegration and rehabilitation assistance to
“children associated with foreign terrorist fighters
returning or relocating from conflict zones,
including through access to health care,
psychosocial support and education programmes
that contribute to the well-being of children.”289
Critically, the resolution encourages States to
develop appropriate legal safeguards to ensure
that prosecution, rehabilitation and reintegration
strategies concerning children are in compliance
with international law obligations, and tailored to
their needs.290
Children recruited and used by armed groups
149.
The Optional Protocol to the Convention
on the Rights of the Child on the involvement of
children in armed conflict prohibits the recruitment and use of anyone under 18 years of age by
armed groups (and armed forces).291 The Optional
Protocol requires States parties to prevent the recruitment or use in hostilities of children within
their jurisdiction and support reintegration
by providing such children with “all appropriate
assistance for their physical and psychological
recovery and their social integration”.292 In
relation to children affected by the foreign fighter
phenomenon, especially those who were recruited
289
Security Council resolution 2396 (2017), para. 36.
290 Ibid., para. 37.
291 Optional Protocol to the Convention on the Rights of
the Child on the involvement of children in armed conflict
(2000), art. 4.
292 Ibid., art. 6 (3).
67.
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