A/HRC/12/49
page 14
of their best interests, bearing in mind the child’s emotional, mental and intellectual maturity, the
extent of the child’s moral culpability, the possibility of alternative accountability and
reconciliation mechanisms that focus on the child’s rehabilitation. If a child is to be tried in any
jurisdiction for crimes, his/her treatment should be in accordance with international human rights
standards specific to the rights of the child, in particular with regard to the age of criminal
responsibility, fair trials, sentencing and detention.
51. Similarly, national courts trying children for international crimes must also uphold their
rights in accordance with international standards for juvenile justice. For example, in
Afghanistan, child protection actors have welcomed juvenile-specific provisions, including on
offences relating to children associated with armed groups, in the law on combating terrorist
offences adopted in 2008. The law states that when an offence has been committed by
individuals below the age of 18, the 2005 juvenile code will apply.
V. CONCLUSIONS AND RECOMMENDATIONS
52. The Special Representative welcomes and appreciates the strengthened collaboration
between her Office and the United Nation human rights system, and reiterates her
continued support including to share regular information and to advocate for the
protection of children affected by armed conflict. The Special Representative is also
encouraged that information from the monitoring and reporting mechanism on grave
violations against children in armed conflict established in accordance with
Security Council resolution 1612 (2005), as well as conclusions adopted by the
Security Council Working Group on Children and Armed Conflict have been
mainstreamed by the Human Rights Council and the wider human rights system,
particularly through reports submitted for the universal periodic reviews and by the
Committee on the Rights of the Child.
53. The Special Representative encourages the Committee on the Rights of the Child and
special procedures mandate holders, as appropriate, to continue to take account of
recommendations by the Secretary-General and conclusions of the Security Council
Working Group insofar as they are relevant to reporting on a particular country situation.
54. The Special Representative reiterates the recommendation made in her last report
that concluding observations made by the Committee on the Rights of the Child on reports
submitted by States parties under article 8 of the Optional Protocol to the Convention on
the Rights of the Child on the involvement of children in armed conflict should also be
taken into consideration by the Working Group on the Universal Periodic Review when
reviewing a State submission under the UPR process. More importantly, the Special
Representative encourages States parties to integrate the Convention on the Rights of the
Child and its Optional Protocols in their reports submitted for the universal periodic
review process.
55. Further, in the light of the information provided in sections III and IV above, the
Special Representative offers the following recommendations.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents