CRC/GC/2005/6
page 17
(h)
Prevention of military recruitment and protection against effects of war
(arts. 38 and 39)
Prevention of recruitment
54.
State obligations deriving from article 38 of the Convention and from articles 3 and 4 of
the Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict also apply to unaccompanied and separated children. A State must
take all necessary measures to prevent recruitment or use of such children by any party to a
conflict. This also applies to former child soldiers who have defected from their units and who
require protection against re-recruitment.
Care arrangements
55.
Care arrangements for unaccompanied and separated children shall be made in a manner
which prevents their recruitment, re-recruitment or use by any party to a conflict. Guardianships
should not be given to individuals or organizations who are directly or indirectly involved in a
conflict.
Former child soldiers
56.
Child soldiers should be considered primarily as victims of armed conflict. Former child
soldiers, who often find themselves unaccompanied or separated at the cessation of the conflict
or following defection, shall be given all the necessary support services to enable reintegration
into normal life, including necessary psychosocial counselling. Such children shall be identified
and demobilized on a priority basis during any identification and separation operation. Child
soldiers, in particular, those who are unaccompanied or separated, should not normally be
interned, but rather, benefit from special protection and assistance measures, in particular as
regards their demobilization and rehabilitation. Particular efforts must be made to provide
support and facilitate the reintegration of girls who have been associated with the military, either
as combatants or in any other capacity.
57.
If, under certain circumstances, exceptional internment of a child soldier over the age
of 15 years is unavoidable and in compliance with international human rights and humanitarian
law, for example, where she or he poses a serious security threat, the conditions of such
internment should be in conformity with international standards, including article 37 of the
Convention and those pertaining to juvenile justice, and should not preclude any tracing efforts
and priority participation in rehabilitation programmes.
Non-refoulement
58.
As under-age recruitment and participation in hostilities entails a high risk of irreparable
harm involving fundamental human rights, including the right to life, State obligations deriving
from article 38 of the Convention, in conjunction with articles 3 and 4 of the Optional Protocol
to the Convention on the Rights of the Child on the involvement of children in armed conflict,
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