A/HRC/44/41/Add.1
mental health and psychosocial services, as well as safe spaces to enable them to recover and
resume normal lives.
43.
Many displaced and returnee children have lost family members and caregivers in the
conflict. Orphaned or separated from their families, they often face social marginalization and
are at a high risk of exploitation and abuse. Others bear the burden of working and providing
for themselves and their families; children from female-headed households and
unaccompanied children have been particularly affected. Many internally displaced and
returnee children have acute needs, lack access to basic services and education, and have little
prospect of future educational and livelihood opportunities.
44.
The extent to which internally displaced children inside and outside camp settings are
deprived of education is extremely concerning. 14 Unable to enrol in the formal education
system owing to a lack of civil documentation or to restrictions on movement, a generation of
marginalized children is emerging. Many internally displaced children have missed years of
education because of the conflict and now struggle to resume their studies. As children are
enrolled according to their age and not their educational level, children who have missed years
of schooling risk being unable to follow content and often have no access to classes to catch
up with their education. Others are considered too old to be admitted back into the formal
school system.
45.
Displaced girls face additional challenges in their access to education due to existing
social norms and gender stereotypes, and child marriage. Children who lived in areas controlled
by ISIL now face additional barriers to enrolment due to discrimination and, in many cases,
their inability to obtain civil documentation. Where education is available, the number of
teachers and the classroom time are often insufficient, leading to poor learning outcomes. In
camp settings, teachers are usually volunteers from the community who, although wellintentioned, lack the required qualifications.
46.
Without education, children are deprived of the opportunity to develop to their full
potential and of future livelihood opportunities, perpetuating social exclusion and inequalities,
and to take on their eventual responsibilities as Iraqi citizens. Children out of school are also
at a higher risk of exploitation and abuse. A 10-year-old displaced girl told the Special
Rapporteur that she dreamed of becoming a doctor, but that she wished she could have more
than two hours of classes a day. Another displaced girl said that she could not go to school
because she had no identification documents, so she had no dreams at all.
47.
Discriminatory barriers impede the access of many internally displaced and returnee
children to birth certificates and other civil documents. As the presence of a child’s father in
court or the presentation of his death certificate is required for the issuance of a birth certificate,
displaced children who have lost or have been separated from their father but do not have a
death certificate, or who were born out of an act of sexual violence, are unable to obtain birth
certificates and other documents. Without civil documentation, they cannot enrol in formal
education, have access to health care and basic services, apply for security clearances to move
around the country or exercise their rights as children. Children who remained in areas
controlled by ISIL often do not have birth certificates, or hold certificates that are not
recognized by the Government of Iraq.
48.
By ratifying the Convention on the Rights of the Child, the Government of Iraq
undertook a commitment to ensure access to birth registration and documentation for all Iraqi
children. The requirement of the presence of the father in court or the presentation of a death
certificate should be lifted. The Special Rapporteur welcomes reports that the Government has
launched a special administrative process to facilitate the registration of children born out of
rape through the deployment of mobile teams, and encourages its expansion to reach displaced
and returnee children in as many locations and situations as possible.
49.
Internally displaced children and adolescents whose family members are perceived to
be affiliated to ISIL, or who are themselves perceived to be affiliated to ISIL, are particularly
vulnerable to exploitation and abuse, and are at risk of arbitrary detention. Security clearance
14
10
See also UNAMI/OHCHR, The Right to Education in Iraq Part One: The Legacy of ISIL territorial
control on access to education.
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