During the drafting process, Article 38 was probably the most contentious of all the Convention provisions, with strongly divided opinions on the proposed minimum age of recruitment into armed forces, differentiation between recruitment into state and non-state forces, age and level of protection from participation in conflicts, and the extent of measures demanded of States Parties in providing protection (Office of the United Nations High Commissioner for Human Rights and Rädda barnen (Society: Sweden), 2007, pp. When drafted, it was unique in introducing international humanitarian law into a human rights treaty, thus affording it universal application, rather than being applicable only in times of armed conflict (Ang, 2005, p.
(Asia-Pacific).Īrticle 38 introduces a framework for the protection of children in situations of armed conflict, both as civilians and as combatants or recruits to state armed forces or non-state armed groups. (Asia-Pacific).Īwareness workshops for children against recruitment to the armed conflicts and to be a child soldier. Useful activities to engage children with rather than having free time to engage in those military parties. A law has to be there that would protect children from participating in armed conflict.’ (Africa).Ĭhildren should never be forced to fight in the armed or militia forces, go to war or engaged in any conflict. ‘Children have to be educated on the dangers of armed conflict. In accordance with their obligations under international humanitarian law to protect the civilian population in armed conflicts, States Parties shall take all feasible measures to ensure protection and care of children who are affected by an armed conflict. In recruiting among those persons who have attained the age of 15 years but who have not attained the age of 18 years, States Parties shall endeavour to give priority to those who are oldest.
States Parties shall refrain from recruiting any person who has not attained the age of 15 years into their armed forces. States Parties shall take all feasible measures to ensure that persons who have not attained the age of 15 years do not take a direct part in hostilities. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.
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