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.
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