A/HRC/28/54
they do not fully recognize the special status of juveniles in conflict with the law.
Moreover, when deprived of their liberty, children are vulnerable to human rights
violations, including sexual abuse, degrading and inhumane treatment and, in some
instances, torture.
29.
Despite the challenges, agreements have been reached with a number of
governments to ensure that detained children are handed over to the United Nations. In
March 2014, a standard operating procedure for the handover of children formerly
associated with armed forces and groups was adopted by the Government of Somalia. An
agreement for the handover of children formerly associated with armed forces and groups
was also reached with the African Union Mission in Somalia. On 10 September 2014, the
United Nations and the Government of Chad signed a protocol on the handover of children
associated with armed forces and groups, which includes specific provisions regulating
detention. Those procedures build on the progress made with protocols for the handover of
children formerly associated with armed forces and groups in the Democratic Republic of
the Congo and in Mali signed in 2013.
30.
The Special Representative calls upon the Human Rights Council to use all available
tools to promote alternatives to the prosecution and detention of children for their alleged
association with armed groups, in particular under counter-terrorism responses. In that
regard, she commends the work of the Human Rights Council on detention and welcomes
the panel discussion at the 27th session of the Council on the protection of the human rights
of persons deprived of their liberty. The Special Representative attended the global
consultation on the right to challenge the lawfulness of detention before court, organized by
the Working Group on Arbitrary Detention in Geneva, on 1 and 2 September 2014. The
Working Group will submit draft basic principles and guidelines to the Human Rights
Council in 2015. The Special Representative anticipates that those documents will address
the impact of detention on children in armed conflict. Lastly, the Special Representative
welcomes the invitation by the General Assembly, in resolution 69/157 of 18 December
2014, to request the Secretary-General to commission an in-depth global study on children
deprived of their liberty, conducted in close cooperation with relevant United Nations
partners, including the Office of the Special Representative. The study will aim to
formulate recommendations for action to effectively realize the rights of the child and will
be submitted to the General Assembly at its seventy-second session.
VI. Attacks on schools and hospitals
31.
Attacks on schools and hospitals are becoming an all-too familiar aspect of conflict,
depriving millions of children of their right to education and health. The Special
Representative remained deeply concerned by the increasing number of attacks on schools
and hospitals, despite their protected status under international law. In almost every
situation relating to the children and armed conflict agenda, the right to education and
health was gravely affected by attacks on and the widespread military use of schools and
hospitals as well as by attacks and threats of attacks against teachers and doctors. In many
situations, such as in Afghanistan, Iraq, Nigeria, Israel and the State of Palestine and the
Syrian Arab Republic, parties to conflict destroyed schools and hospitals by indiscriminate
shelling of civilian areas or in targeted attacks against education facilities, teachers, school
children, health workers and clinics. In 2014, we witnessed attacks on schools and
ideological opposition to standard school curricula in places as varied as Iraq, Nigeria,
Pakistan, southern Thailand, Somalia and the Syrian Arab Republic. Attempts by certain
groups to radicalize teachings or exclude girls or minorities from education pose an even
greater risk to the fundamental right of all children to an education. Health centres and
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