A/HRC/40/28
speech and empower them to access and critically assess information in line with their
evolving capacities.8
17.
States should take measures to ensure the right to privacy of child victims and
witnesses, whose identities should be protected. Child victims should not be used as “poster
children” for a particular political viewpoint or in counter-terrorist messaging. Journalists
reporting on terrorist incidents or groups should respect the United Nations Children’s Fund
(UNICEF) principles and guidelines for media reporting on children. 9
C.
Rights of child witnesses in court proceedings
18.
States have a duty to investigate terrorist acts, as well as any deaths, injuries,
discrimination or other human rights violations caused by law enforcement or other public
officials in responding to terrorist acts. Accountability of perpetrators and guarantees of
non-repetition are important elements of reparation and can reduce the potential for acts of
revenge and cycles of violence.
19.
Where criminal proceedings take place, both the Declaration of Basic Principles of
Justice for Victims of Crime and Abuse of Power (para. 6 (b)) and the Convention on the
Rights of the Child (art. 12) require that child victims and witnesses be able to express their
views freely and be heard in judicial proceedings affecting them. States should undertake
all necessary measures to ensure that this right is exercised in a manner that ensures the
protection of child victims and witnesses from negative consequences. 10
20.
The Guidelines on Justice in Matters Involving Child Victims and Witnesses of
Crime provide practical guidance on child-sensitive procedures. States should ensure that
specialized staff are properly trained and that procedures are in place to protect child
victims and witnesses and meet their special needs, taking into account gender
considerations, the particularly traumatic nature of acts of terrorism and the need to prevent
re-traumatization. Appropriate policies should be in place to ensure the safety of child
witnesses and their families before, during and after the judicial process. The right to be
heard is also linked to the right of child victims or witnesses to be informed about the
availability of health, psychological and social services, their role in the proceedings, the
support persons available, how questioning or interviews are to be conducted, the location
and times of hearings, the possibility of receiving reparation and provisions for appeal.
D.
Child victims and witnesses of terrorist acts in conflict zones
21.
A significant proportion of terrorist acts occur in the context of armed conflict.
Directing attacks against civilians and civilian objects may constitute violations of
international humanitarian law11 and, under certain circumstances, war crimes. 12 In addition,
the Geneva Convention relative to the Protection of Civilian Persons in Time of War,
applicable to international armed conflicts, including situations of occupation, prohibits all
measures of intimidation or of terrorism (art. 33). In both international and noninternational armed conflicts, acts or threats of violence with the primary purpose of
spreading terror among the civilian population are specifically prohibited (Additional
Protocol I, art. 51 (2) and Additional Protocol II, arts. 4 (2) and 13 (2)).13
8
9
10
11
12
13
See Jagtar Singh, Paulette Kerrand and Esther Hamburger, eds., Media and Information Literacy:
Reinforcing Human Rights, Countering Radicalization and Extremism, (Paris, United Nations
Educational, Scientific and Cultural Organization, 2016).
See www.unicef.org/eca/media/ethical-guidelines.
See Committee on the Rights of the Child, general comment No. 12, para. 21.
See Protocol additional to the Geneva Conventions of 12 August 1949 relating to the protection of
victims of international armed conflicts (Protocol I), arts. 48, 51 (2) and 52 (2); and Protocol II
relating to the protection of victims of non-international armed conflicts, art. 13 (2).
See Rome Statute of the International Criminal Court, arts. 8 (2) (b) (i) and 8 (2) (e) (i).
See also https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule2.
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