A/HRC/37/33
exploitation. These factors can also have a knock-on effect, such as increases in child
labour and the incidence of family violence and of harmful practices against children.
6.
Moreover, lack of humanitarian access – including by obstructing the free passage or
timely delivery of assistance to children in need, or deliberate attacks against humanitarian
workers – is one of the main challenges posed in protecting children’s rights in
humanitarian situations. The denial of humanitarian access is prohibited under the fourth
Geneva Convention and the additional protocols thereto, and has been identified by the
Security Council as one of the six grave violations affecting children in times of war.
7.
Protecting children’s rights in humanitarian situations goes beyond the immediate
response to a crisis and meeting short-term needs. It involves strengthening risk reduction,
capacity-building and preparedness in order to reduce the impact of situations when they
are committed, as well as assisting with recovery, and re-building resilient communities to
deliver long-term solutions.
8.
According to the 2030 Agenda for Sustainable Development, global health threats,
more frequent and intense natural disasters, spiralling conflict, violent extremism, terrorism
and related humanitarian crises and the forced displacement of people threaten to reverse
much of the development progress made in recent decades. Member States resolved to take
further effective measures and actions, in conformity with international law, to remove
obstacles and constraints, to strengthen support and to meet the special needs of people
living in areas affected by complex humanitarian emergencies. In order to achieve these
goals, it is vital that the most vulnerable in society, including those in crisis, are given
special priority.
9.
Furthermore, in the New York Declaration for Refugees and Migrants,5 Heads of
States and Government acknowledged that global migration was often linked to
humanitarian situations that called for global approaches and solutions, and pledged to
ensure that migration was integrated into humanitarian, peacebuilding and human rights
policies and programmes. They also recognized the particular vulnerability of children in
the context of migration, and undertook to protect the human rights and fundamental
freedoms of all refugee and migrant children, regardless of their migration status, giving
primary consideration at all times to the best interests of the child and paying particular
attention to the protection of unaccompanied children and those separated from their
families.
III. The rights of the child in humanitarian situations:
international legal standards
10.
International human rights law, including the Convention on the Rights of the Child
and the optional protocols thereto, applies at all times: in peacetime, in times of conflict,
and in emergencies. In this regard, it is important to note that humanitarian situations not
only generate new threats to children’s rights, but also exacerbate existing ones.
Humanitarian situations compromise the effective enjoyment of the rights enshrined in the
Convention, including the rights to life, survival and development, family relations and not
to be separated from one’s parents against one’s will, the highest attainable standard of
health, an adequate standard of living, education, freedom from any form of violence or
exploitation, and recreation and play.
11.
Where a humanitarian situation involves armed conflict, the Convention on the
Rights of the Child contains specific provisions for the protection of children’s rights.
Article 38 of the Convention requires that States ensure the protection and care of children
affected by armed conflict, and that rules of international humanitarian law are respected,
while the Optional Protocol to the Convention on the involvement of children in armed
conflict requires States to take measures to ensure that children under 18 do not face
5
General Assembly resolution 71/1.
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