A/HRC/43/CRP.6
matter of priority, the Commission urges all parties to the conflict to respect, protect and fulfil
the human rights of all Syrian girls and boys. Specifically, and in order to alleviate the
suffering of the children, the Commission calls for the below actions.
92.
First, as a matter of priority and in terms of immediate action, the Commission
recommends:
(a)
that all parties to the conflict commit in writing to the well-established
principles under international law that grant all children special protection in times of
war and conflict, and to adhere to the principle that all children in armed conflict are
first and foremost victims and not perpetrators. The international community should
provide support to implement those commitments that have already been made by
parties to the conflict;
(b)
that the Government of the Syrian Arab Republic, as the primary duty
bearer to protect children at all times, including during armed conflict, ensures that
due protection is granted to all children;
(c)
that parties to the conflict urgently integrate the best interest of the child
into all considerations of their military planning, policies and practices and consider
child rights in every single military operation they conduct in Syria;
(d)
that all parties to the conflict immediately put an end to the recruitment,
use and enlistment of girls and boys;
(e)
that injured children receive the appropriate health treatment, including
the provision of mental health and psychosocial support;
(f)
that all parties urgently identify all children born in places of detention
and currently deprived of liberty, reunify them with their mothers where they have
been separated and provide the necessary documentation to protect their rights;
(g)
that all parties immediately identify, investigate and prosecute/discipline
those responsible for the ill-treatment, torture, abuse and killing of children in
detention, and that legal aid is provided to children and their families to enjoy their
right to file complaints and legal proceedings against the perpetrators;
(h)
that all parties immediately identify all children who died in custody and
communicate to their families the facts about the death of the children, and provide all
the necessary documentation to guarantee and protect the right to truth and
reparations;
(i)
that the Government of the Syrian Arab Republic enforces domestically
incorporated international law in relation to children’s rights and takes action to ensure
domestic accountability for child rights violations. At all times ensuring that all
internationally recognized fair trial rights are respected;
(j)
that the Government of the Syrian Arab Republic ratifies Optional
Protocol 3 of the Convention of the Rights of the Child on a Communication Procedure,
as a measure to improve accountability for child rights under domestic and
international human rights law;
(k)
that Members States prioritize that unaccompanied children in situations
of displacement be repatriated to their country of nationality and reunified with their
families; mothers should be repatriated along with their children to ensure adherence
with the best interests of the child principle. Any subsequent legal processes against
parents should be undertaken with due regard to international human rights law;
(l)
that affected Member States take measures to put an end to situations of
statelessness created during the armed conflict;
93.
In relation to killing and injuring of children, the Commission recommends:
(a)
that all parties to the conflict comply to the highest extent with standards
and principles of international humanitarian law, particularly those regarding
distinction and proportionality, in order to reduce child casualties;
(b) that children living with disabilities due to the amputation of limbs and
conflict-related physical and psychological wounds participate and benefit from
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