A/HRC/28/54
VII. Rape and other forms of sexual violence committed against
children during armed conflict
35.
Sexual violence continues to be a prominent violation of children’s rights in most
situations of conflict, affecting both girls and boys dramatically. Rape and other forms of
sexual violence are committed in the context of attacks against the civilian population and
children are usually targeted due to their vulnerability and frequently because of their
ethnicity. Violations are also committed in the context of recruitment and use of children g
and abductions. Girls are particularly vulnerable to abduction or recruitment by armed
groups to be used for sexual purposes. Parties to conflict use sexual violence against
children as a tactic to instil fear so as to assert control over people and land. It is also an
increasing trend used by extremist groups to terrorize populations. For example, Boko
Haram has been abducting girls from schools, and reports indicate that those girls have
been forcibly married to local commanders.
36.
Access to justice by survivors of sexual violence remains a challenge in most
conflict situations, with social stigma and fear of reprisal being contributing factors. The
challenge of accessing justice in areas where instability prevails and State authority is weak
or absent is an additional constraint. Inappropriate legislation or administrative obstacles
also exist. In some cases, criminal codes do not have a definition of the rape, which may
lead to inconsistent application of the law by the police and judicial authorities. In other
cases, corruption — for example, the false requirement to present costly medical
certificates — may prevent victims from filing complaints. Another major impediment to
accessing justice is the often inadequate compensation provided to survivors, as well as
lengthy and costly procedures before the courts, which may lead a victim’s family to reach
an amicable settlement with the perpetrators, rather than bring the case to justice.
37.
As part of global efforts to address sexual violence against children, the Special
Representative participated in the Global Summit to End Sexual Violence in Conflict, held
in London, in June 2014, and was the keynote speaker for the session dedicated to the
vulnerabilities of children to sexual violence in armed conflict. Her Office also contributed
to the Secretary-General’s guidance note on reparations for victims of conflict-related
sexual violence,2 which was jointly coordinated by OHCHR and the United Nations Entity
for Gender Equality and the Empowerment of Women (UN Women). The inclusion of
special guarantees for non-repetition in the design and implementation of State policy, as
well as the establishment of legal and institutional frameworks to prevent, investigate,
prosecute and punish crimes of sexual violence committed against children in situations of
conflict, is a positive development.
VIII. Partnerships with regional organizations
38.
Partnerships with regional organizations have been a priority for the Special
Representative to further advance the children and armed conflict agenda and promote
regional ownership in the protection of children.
39.
In May 2014, the Special Representative gave a briefing at the African Union Peace
and Security Council’s first-ever open session dedicated to children affected by armed
conflict. The briefing came after the signing of the Declaration of Intent on 17 September
2013, formalizing the collaboration between the Office of the Special Representative and
2
“Guidance note of the Secretary-General: Reparations for conflict-related sexual violence”, launched
in August 2014.
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