A/HRC/28/76 decision-making must also be promoted and guaranteed. Mechanisms to prevent genderbased violence, sexual harassment and rape should be put in place, as should legal aid and social assistance to victims of sexual and of gender-based violence. In situations of international or non-international armed conflict, humanitarian aid and reconciliation processes should take into account traditional practices of having women as spoils of war. In addition, women from indigenous and minority communities face multiple forms of discrimination and require specific protection measures against both gender-based discrimination and racist attitudes. 31. In its resolution 1325 (2000) on women, peace and security, the Security Council set out the international framework in this regard. In particular, it urged Member States to ensure increased representation of women at all decision-making levels in national, regional and international institutions and mechanisms for the prevention, management, and resolution of conflict, and called upon all actors involved, when negotiating and implementing relevant agreements, to adopt a gender perspective, including, inter alia, the special needs of women and girls during repatriation and resettlement and for rehabilitation, reintegration and post-conflict reconstructions. Effective legal frameworks must prohibit and criminalize violence against women and girls, prevent violence and safeguard survivors. B. Children 32. The United Nations Children’s Fund (UNICEF) recognizes that when an emergency strikes, whether a sudden onset natural disaster or an armed conflict, children require special protection to ensure their safety and well-being.21 The core commitments for children in humanitarian action constitute the UNICEF central policy on how to uphold the rights of children affected by humanitarian crises. In her report on the impact of armed conflict on children, the independent expert appointed by the Secretary-General in 1994, Graça Machel, called for an end to the targeting of children in armed conflicts.22 In the report, the independent expert highlighted the fact that millions of girls and boys were victims of killing, maiming, torture, rape, sexual exploitation, abduction, forced labour and other violations of the rights of the child in pre-conflict, conflict and post-conflict situations. She recognized that girls were more vulnerable, that the recruitment and use of children in armed conflict was a violation of international law, as were the attacks on and the military use of protected places that usually have a significant presence of children, such as schools, hospitals and homes. In addition, she emphasized that the fact that children were still being shamefully abused was “clear indication that we have barely begun to fulfil our obligation to protect them”.23 Girls and boys are right-holders and therefore need to be also involved in the humanitarian assistance process. C. Older persons 33. Older persons are among the most affected during disasters and conflicts. Disabilities, displacement, disease, malnutrition, discrimination and insecurity worsen the living conditions of the elderly during post-conflict and post-disaster situations. The needs 21 22 23 See UNICEF, Child protection from violence, exploitation and abuse, Child protection in emergencies at www.unicef.org/protection/57929_62178.html. A/51/306. Ibid., para. 313. 9

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