A/HRC/40/28
22.
In line with their obligations under the International Covenant on Civil and Political
Rights, States have a duty to investigate alleged or suspected violations of article 6 of the
Covenant in situations of armed conflict, in accordance with the relevant international
standards.14 If international crimes have been committed, the Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of
International Human Rights Law and Serious Violations of International Humanitarian Law
provide that full and effective reparation following such attacks should include, as
appropriate, restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition. States should endeavour to establish reparation programmes for harms inflicted
by non-State entities.
23.
The Convention on the Rights of the Child provides that States shall take all feasible
measures to ensure the protection and care of children affected by armed conflict, and all
appropriate measures to promote the physical and psychological recovery and social
reintegration of child victims of armed conflict (arts. 38–39).
24.
Children in conflict zones face multiple negative stressors, which may include loss
of routine, lack of education, loss of family income, displacement, loss of community and
loss of loved ones. When these already vulnerable children experience a terrorist act, they
are at increased risk of developing psychosocial illnesses and disabilities. Children with
disabilities have the right to special care, which should be free of charge and available from
the earliest possible stage, based on a multidisciplinary assessment of individual needs and
strengths.15
25.
Rape and other forms of sexual and gender-based violence are increasingly used as
tactics by groups operating in conflict zones, such as in the Syrian Arab Republic, mainly
against women and girls, although sexual violence against men and boys is underreported
(see S/2018/250 and S/2016/361/Rev.1).16 Children displaced by conflict are especially
vulnerable to violence, including sexual violence, throughout the displacement or migration
process. Child victims or witnesses of sexual violence should have access to appropriate,
quality health-care services, including sexual and reproductive and mental health services.
Girls who are pregnant as a result of rape should have access to safe abortion if they so
choose.17 States should make concrete efforts to alleviate the stigma associated with sexual
violence, both for survivors and for children conceived through rape.
E.
Obligations of States receiving child victims or witnesses
26.
Research indicates that child victims and witnesses of terrorism have better
outcomes if they remain in close contact with their primary caregivers. Children fleeing a
State affected by terrorism should not be separated from their parents against their will and
States must treat applications to enter or leave a State for the purposes of family
reunification in a positive, humane and expeditious manner, and cooperate in efforts to
trace family members of child refugees and children seeking refugee status (Convention on
the Rights of the Child, arts. 9, 10 and 22). It is never in the best interests of a child to be
detained due to his or her migration status and non-custodial solutions must be found for
14
15
16
17
6
See Human Rights Committee, general comment No. 36 (2018) on the right to life, para. 64; and
Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), paras. 20–22.
See Convention on the Rights of the Child, art. 23, and Convention on the Rights of Persons with
Disabilities, art. 26.
See also, Office of the United Nation High Commissioner for Refugees, “Sexual violence against men
and boys in the Syria crisis” (2017).
See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 22
(2016) on the right to sexual and reproductive health; Committee on the Rights of the Child, general
comment No. 20 (2016) on the implementation of the rights of the child during adolescence, para. 60;
Human Rights Committee, general comments No. 31 (2004) on the nature of the general legal
obligation imposed on States parties to the Covenant, para. 11, and No. 36 (2018) on the right to life,
para. 8; and Committee on the Elimination of Discrimination against Women, general comment No.
35 (2017) on gender-based violence against women, updating general recommendation No. 19, paras.
18 and 31 (a).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents