A/HRC/15/58
36.
The rights of internally displaced children are expressly guaranteed and firmly
entrenched in international humanitarian law and human rights law – the Geneva
Conventions and their Additional Protocols, the International Covenant on Civil and
Political Rights and the International Covenant on Economic Social and Cultural Rights,
the Convention on the Rights of the Child and its Optional Protocol on the involvement of
children in armed conflict. These instruments obligate State and non-State actors alike to
protect children from the harmful effects of armed conflict, to prevent arbitrary
displacement, to protect and assist persons who are displaced, and to facilitate durable
solutions to displacement, paying special attention to the particular vulnerabilities and risks
faced by internally displaced children.
37.
Regional legal instruments also affirm the main rights and guarantees provided for
in international law and often elaborate upon them, including with express reference to
internally displaced children. Most notably, the African Union Convention for the
Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention),
adopted in October 2009, includes specific provisions reaffirming the right of IDPs to
personal documentation, education, protection against recruitment and use in hostilities,
kidnapping, abduction, sexual slavery and trafficking, and protection that addresses the
special needs of separated and unaccompanied minors, as well as of mothers with young
children. The African Charter on the Rights and Welfare of the Child emphasizes the
responsibility of States to ensure that IDP children “receive appropriate protection and
humanitarian assistance” and pays special attention to the importance of reuniting families
separated by displacement. The Council of Europe has adopted a number of
recommendations concerning internal displacement, including as regards the right of
internally displaced children to education.
38.
The Guiding Principles on Internal Displacement also pay specific attention to the
situation of internally displaced children. Although not a binding document, the Principles
are based on and reflect existing standards of international law, which are binding. The
authoritative nature of the Principles is further reinforced by their broad international
acceptance; they have been recognized by States as “an important international framework
for the protection of internally displaced persons,” as well as a “tool” and “standard” to
guide governments, international organizations and all other relevant actors in situations of
internal displacement.
39.
The Guiding Principles assert that children, especially unaccompanied minors, as
well as expectant mothers and mothers with young children, are “entitled to protection and
assistance required by their condition and to treatment which takes into account their
special needs” (Principle 4.2). The Principles also affirm the right of families to remain
together and to be rapidly reunified (Principles 7 and 17); protection of children from sale
into marriage, exploitation and forced labour (Principle 11); protection of children from
recruitment or from taking part in hostilities (Principle 13); the right to documentation in
their own names, including birth certificates (Principle 20); and the right to education,
including the equal participation of girls (Principle 23).
40.
States and all parties to conflict have obligations under international humanitarian
and international human rights law to protect internally displaced children in all phases of
displacement. The most fundamental of their rights is the right to life, dignity and physical,
mental and moral integrity. Displacement almost inevitably entails severe threats to the
right to life. Therefore, the physical safety of the affected population, particularly women
and children, in zones of armed conflict should be the highest priority. Protected safe
spaces for displaced children should be guaranteed - both for those seeking to escape
imminent harm, as well as for those who have reached a place of safety such as an IDP
camp but who continue to face security threats, or are at risk of further displacement.
Children should also have access to the fullest extent and with the least possible delay to
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