A/HRC/40/28
II. Child victims and witnesses of terrorist acts
A.
Duty of protection and right to rehabilitation
6.
States have a special duty of protection and care towards children under their
jurisdiction and under the Convention on the Rights of the Child the best interests of the
child shall be a primary consideration in all actions concerning children (art. 3). In
particular, States shall ensure to the maximum extent possible the survival and development
of the child (art. 6) and take all appropriate legislative, administrative, social and
educational measures to protect the child from all forms of physical or mental violence (art.
19).
7.
Some terrorist attacks aim to instil fear in the population by specifically targeting
children, including in their schools.2 The right to education is non-derogable and quality
education is essential to building peaceful and inclusive societies (see A/66/269 and
A/HRC/8/10). Where there is a high risk of such attacks, States have a duty to devise and
implement effective strategies to protect children and the Safe Schools Declaration provides
guidance in that regard. The need to strengthen resilience, for example by training children
on the measures to take in case of an attack, must be carefully balanced with the important
developmental need for children to feel safe in their learning environment.
8.
The Convention on the Rights of the Child provides that States shall take all
appropriate measures to promote the physical and psychological recovery and social
reintegration of child victims of, inter alia, exploitation, abuse, torture, ill-treatment and
armed conflict (art. 39). Children who suffer physical injury, impairment of their mental
health, or physical or psychosocial disability as a result of a terrorist act thus have a legal
right to recovery and reintegration in an environment which fosters their health, self-respect
and dignity. That supplements the rights to the highest attainable standard of health (art. 24)
and to special care for children with disabilities (art. 23). Where necessary, the State should
provide appropriate financial and material support to children and their caregivers to ensure
an adequate standard of living (arts. 26–27).
9.
In the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power and the Guidelines on Justice in Matters involving Child Victims and Witnesses of
Crime, direct child victims of crime and dependants of victims who have died or become
incapacitated are recognized as being entitled to redress, which the State should provide if
other sources are unavailable. Reparation should address the costs of social and educational
reintegration, health care and legal services. In the United Nations Global CounterTerrorism Strategy, the General Assembly recommends that States consider establishing
national systems of assistance to promote the needs of victims and their families (para. 8).
In its most recent review of the Strategy, the General Assembly reiterated the importance of
proper support and assistance both immediately following an attack and in the long term. 3
10.
Rehabilitative health care must be adapted to the needs of the individual child. The
impact of experiencing or witnessing extreme violence and destruction depends on the
child’s stage of development. Research indicates that preschool-age children often display
regressive behaviour, older children may suffer somatic complaints and become
preoccupied with unrelated fears, whereas adolescents more closely mirror adult reactions,
with higher rates of depression and substance abuse. As a result of the different ways in
which girls and boys are socialized, the effects of trauma may manifest differently, with
girls more likely to develop anxiety disorders and boys more likely to develop behavioural
2
3
See Global Coalition to Protect Education from Attack, Education Under Attack 2018 and Office of
the United Nations High Commissioner for Human Rights, “Background paper on attacks against
girls seeking to access education”, available at www.ohchr.org/Documents/HRBodies/CEDAW/
Report_attacks_on_girls_Feb2015.pdf.
Resolution 72/284, para. 14. See also Human Rights Council resolutions 37/27 and 20/14.
3
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