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by the Special Representative’s mandate. It is particularly worrisome that the
number of children arrested and detained in the context of counter -terrorism
operations has increased significantly. In such contexts, but also in more traditional
conflict settings, children are no longer seen as victims but are treated as security
threats. In many cases, they are either held under the authority of military actors or
are handed over to national security agencies that deprive them of their liberty for
long periods. Children associated with parties to conflict should be treated as
victims and handed over to child protection actors. In circumstances in which
children are accused of a crime, any legal process should be conducted in
compliance with due process and juvenile justice standards. Accordingly, the
detention of children should always be a last resort, for the shortest time possible
and guided by the best interests of the child. Those principles apply to any form of
deprivation of liberty, be it detention under security charges, administrative
detention or deprivation of liberty for the child ’s own protection or rehabilitation.
15. In order to ensure the adequate treatment of children separated from armed
groups, the Special Representative advocated with the Member States concerned for
standard operating procedures for the handover of children to child protection actors.
In September 2014, the United Nations and the Government of Chad signed a
protocol on the handover of children, which included specific provisions regulating
detention. Those standard operating procedures build on previous agreements signed
with the Governments of Mali, Somalia and Uganda in recent years. Child protection
provisions have also been included in the concept of operations of the Multinational
Joint Task Force to fight Boko Haram/JAS. The Special Representative encourages all
Member States to develop such standard operating procedures where applicable to
prevent the detention of children and protect their primary status as victims.
16. The Special Representative continued to advocate for the strengthening of legal
frameworks to ensure the protection of children deprived of their liberty in times of
conflict. To that end, the Special Representative participated in the consultation on
the right to challenge the lawfulness of detention before courts, which was organized
by the Working Group on Arbitrary Detention in Geneva in September 2014. The
Office of the Special Representative also contributed to the draft basic principles and
guidelines that the Working Group will submit to the Human Rights Council in 2015.
The Special Representative anticipates that the documents will provide important
guidance on addressing the issue of the detention of children in arme d conflict.
17. The Special Representative welcomes General Assembly resolution 69/157 on
the rights of the child, in which the Assembly invited the Secretary -General to
commission an in-depth global study on children deprived of liberty. Her Office has
taken part in the initial phase of and continues to contribute to the study, in close
cooperation with relevant United Nations agencies and offices outlined in the
resolution.
Rights to education and health in situations of armed conflict
18. The General Assembly has recognized that attacks on education and health -care
facilities deprive millions of children of their rights to healthy lives and to learn and
realize their potential. This not only has an immediate impact on children, but also
affects the future prospects of societies. In line with its recent debates and resolutions
on education in emergencies and attacks on medical facilities, the Assembly
welcomed the issuance of the guidance note entitled “Protect schools and hospitals:
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