The implications of war extend beyond the ground it is fought over. Children emerge as silent sufferers of these conflicts. Not just the aftermath, but their condition during the ongoing battle often goes unnoticed. The multifaceted consequences that war imposes on them range from physical injuries to psychological trauma. These conflicts leave their fundamental rights violated which make them more vulnerable. Protecting the rights of children during these times is a pressing issue.
Adversities Encountered by Children
It is common for children to be coerced into joining armed groups, where they are exposed to violence and forced to take part in hostilities.
Example: Various factions in the ongoing conflict in Syria have recruited child soldiers, exposing them to unimaginable horrors and exploitative environment.
The result of armed conflicts in varied conditions leads to sexual violence and exploitation of children, resulting in severe physical and psychological injuries. Children are frequently displaced and severed from their homes, separated from their families, and forced to live in overcrowded refugee camps.
Example: Thousands of children have been displaced due to the Rohingya crisis in Myanmar, leaving them at risk of exploitation and abuse.
Children may experience profound grief and emotional distress due to the loss of parents, siblings, friends, and other loved ones in conflict. Children’s social and emotional development can be severely impacted by the trauma and stress of conflict, hindering their ability to form healthy relationships, trust others, and manage their emotions.
School closures and disruptions are often caused by conflict, creating lapses in the education system. It can prevent children from developing essential skills and learning which hampers overall growth. Stigmatization or discrimination may hinder the reintegration of children whose lives have been affected by conflict. All of such conditions affect the children and tampers with their innocence.
Six Grave Violations Against Children During Armed Conflict
These are some violations considered under the international legal framework which is laid down by the United Nations Security Council as violations against children during armed conflicts:
Causing death of a child or inflicting injuries
Enlisting minors as soldiers
Any form of sexual violence
Targeting educational institutions and hospitals
Refusal of humanitarian entries
Legal Bulwark Against Child Exploitation During Wartime
These adversities and violations against children need to be tackled on a serious note. One of the ways to solve such grave issues is by establishing a legal workforce. This is done not only on global scale but at national level as well. The legal structure involves various sources that empower the children and uphold their rights.
These legal sources include the 4th Geneva Convention (1949) and its Additional Protocol (1977), Convention on the Rights of the Child (1989) and its Optional Protocols on Armed Conflict and Sex Trafficking (2002), the Universal Declaration of Human Rights (1948) or the Customary International Humanitarian Law etc.
Most important of all international laws for children is the UN Convention on the Rights of the Child (CRC). Along with this international legal system, the Constitution of India and specific Indian laws as well provide rights to children. All these ensure the rights of children and help improve their condition amidst the havoc.
Key Elements of the United Nations Convention on the Rights of the Children
The CRC is applicable to both males and females regardless of their marital status, age or number of children they may have already.
The convention is based on children’s right to be heard, with no discrimination towards them and follows their best interest.
The convention underscores the crucial role the family plays in nurturing children, emphasizing the necessity of cultivating an environment that fosters their holistic development.
In society, it requires the state to treat children with respect and receive fair treatment.
Provisions Mentioned Under Indian Constitution
Article 21: Guarantees the right to life and personal liberty, which applies to children even during armed conflicts.
Article 39(f): Directs the state to ensure the protection of childhood and youth against exploitation and moral and material abandonment. This includes protection during war crisis.
Article 45: Emphasizes providing free and compulsory education for all children aged 6–14 years, even in conflict-affected areas.
Article 47: Directs the state to provide nutrition, standard of living, and improved public health, crucial for children’s well-being during war. Etc.
Specific Indian Laws for Such Times Include
Juvenile Justice (Care and Protection of Children) Act, 2015:
Protects children from recruitment and involvement in armed conflicts. It prohibits forced recruitment and sets out rehabilitation programs for children affected by conflict.
The Bharatiya Nyaya Sanhita (BNS):
Penalizes various forms of violence against children. These include killing, plundering, injuring, detaining and assaulting etc.
The Arms Act, 1959:
Restricts access to firearms and other weapons by children, preventing their involvement in armed activities.
The National Commission for Protection of Child Rights (NCPCR):
Monitors child rights violations, including those during armed conflicts, and recommends remedial measures etc.
Some of the Important Sections Among These Legal Sources Enlisted Below Are Invoked in Cases of the Six Grave Violations Against Children During Armed Conflicts:
Common Article 3, Geneva Conventions:
States that persons taking no active part in hostilities shall in all circumstances be treated humanely.
Article 77, Additional Protocol I, Geneva Convention:
States that the parties to the conflict shall take all feasible measures so that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. It also says that children shall be the object of special respect and shall be protected against any form of indecent assault.
Article 35, Convention of the Rights of the Child:
States that states shall take all appropriate national, bilateral, and multilateral measures to prevent the abduction of, the sale of or traffic in children for any purpose or in any form.
Article 48, Additional Protocol I, Geneva Conventions:
States that the parties to the conflicts shall at all times distinguish between the civilian objects and military objectives and accordingly shall direct their operations only against military objectives.
Principle 8, Universal Declaration on the Rights of the Child:
States that the child shall in all circumstances be among the first to receive protection and relief etc.
Conclusion
All of these established laws or comprehensive legal frameworks establish a vital shield for the children lost amidst of the chaos and wreck of the war. This serves as a beacon of hope, the actual pathway towards real safeguarding of child rights during wartime remains arduous.
Looking into the suffering of children in armed conflicts leaves an individual in despair and sorrow. Thus we must acknowledge these adversities faced by these innocent lives and commit to continuous refinement. Responsibility doesn’t just lie within legal facades, but the practicality and accountability of humans.
Resources:
www.un.org (last accessed 12 January 2024)
www.unicef.org/india (last accessed 17 January 2024)
www.haqcrc.org (last accessed 17 January 2024)
vikaspedia.in (last modified 15 January 2024)
Award-Winning Article Written By: Ms.Vidhika Roy Parihar
