A/HRC/37/33 a weakened protective environment around the child, put children at greater risk of domestic violence, physical and sexual abuse, and corporal punishment. 38. States should ensure that they address the underlying factors that make children especially vulnerable to harmful practices and violence, such as poverty, lack of education, gender discrimination, and a lack of physical and material security. In addition, authorities should ensure child and community participation in measures to combat such practices in order to increase the effectiveness of targeted prevention efforts and protection responses. 3. Children and the justice system 39. In humanitarian situations, the number of children in contact with the justice system – as alleged offenders, victims or witnesses – rises dramatically.20 Where there is a breakdown in law and order, the number of cases of arbitrary arrest or detention of children often increases;21 as justice systems are weakened, normal rules are often misapplied or unenforced. Children who have been displaced by conflict often face a risk of arbitrary arrest or detention when States criminalize administrative immigration infractions, such as irregular entry or stay. Children migrating owing to a humanitarian situation may also be negatively affected by the criminalization of low-level offences, such as those relating to anti-social behaviour, breaking curfews or survival-related activities, such as begging, stealing, living and working in the streets. Moreover, children who have migrated often face longer periods in detention, as they have fewer relatives or community members who can act to secure their release.22 40. On the other hand, displaced communities in humanitarian situations often avoid the formal justice system out of fear of arrest or refoulement. In such cases, they may turn to informal or traditional justice mechanisms23 that do not always comply with the rights as set out in article 40 of the Convention on the Rights of the Child. Justice programming should therefore be implemented alongside humanitarian relief work in order to mitigate the risks for children in emergencies and to prevent further violations of their rights.24 4. Child labour 41. The vulnerability of children to child labour, especially in its worst forms, is heightened in humanitarian situations. This is possible, for example, where educational opportunities are disrupted, livelihoods are lost or families need extra income, or in cases where children become separated from their families and need to find their own income. Moreover, child protection mechanisms previously in place may be eroded or no longer available in times of crisis. 42. Emergencies may increase the incidence of the worst forms of child labour, or even trigger new practices. This may result in children who are already working taking on more hazardous work, or in moves by children to search for work, which may put them at risk of exploitative situations. In this regard, the private sector has an important role to play. Businesses should recognize the heightened risk of violations of human rights in the context of humanitarian situations, and take measures to ensure that children do not engage in hazardous labour in their activities. C. Access to health 43. According to article 24 of the Convention on the Rights of the Child, States parties to the Convention recognize the right of the child to the enjoyment of the highest attainable 20 21 22 23 24 Child Protection Working Group, Justice for children in humanitarian action. Child Protection Working Group, Minimum Standards for Child Protection (see footnote 6), p. 128. Child Protection Working Group, Justice for children in humanitarian action. Ibid. UN Common Approach to Justice for Children (2008), https://www.un.org/ruleoflaw/blog/document/un-common-approach-to-justice-for-children/. 9