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/.
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