A/HRC/43/38
conflict further. Children actually or allegedly associated with armed groups, including
foreign fighters, should be treated first and foremost as victims, and the best interests of the
child should be the primary consideration. The detention of those children should remain a
measure of last resort, for the shortest time possible, and their reintegration and
rehabilitation must be prioritized.
23.
The Special Representative welcomes the fact that the Human Rights Council
reaffirmed these principles in its resolution 42/11 on human rights in the administration of
justice, including juvenile justice. In line with the resolution, the Special Representative
calls upon Member States to consider establishing or strengthening existing independent,
child-friendly and gender-sensitive national monitoring and complaints mechanisms so as
to contribute to safeguarding the rights of children deprived of their liberty. She also
emphasizes that justice mechanisms, specifically for juvenile justice, have to be
strengthened in affected countries. That requires that, inter alia, a minimum age of criminal
responsibility be applied without exception, regardless of the gravity of the offence or
whether it is terrorism related. The Special Representative recalls that the Committee on the
Rights of the Child, in its general comment No. 24 (2019) on children’s rights in the child
justice system, encourages States parties to increase the minimum age of criminal
responsibility to at least 14 years and commends States parties that have a higher minimum
age (15 or 16 years). Children who exceed the minimum age of criminal responsibility but
are under the age of 18 years should be prosecuted in a specialized juvenile justice system,
without exception. The Special Representative also recalls that, under international law, it is
prohibited to impose the death penalty upon persons who were under 18 years of age at the
time the offence was committed.
24.
With respect to the global study on children deprived of liberty, mandated by the
General Assembly, the Office of the Special Representative continued to participate in the
thematic research group on children deprived of liberty relating to armed conflict and
national security. In March 2019, her Office participated in the final expert meeting on the
study in Venice. On 8 October 2019, at the occasion of the presentation to the General
Assembly of the report of the Independent Expert leading the United Nations global study
on children deprived of liberty (A/74/136), the Special Representative participated in a
panel discussion in New York on the topic and issued with United Nations partners a joint
press release calling for an end to children’s deprivation of liberty.
Killing and maiming of children
25.
At the time of writing, the number of children verified as killed and maimed in 2019
exceeded the verified numbers for all other grave violations, in particular in Afghanistan,
the Syrian Arab Republic and Yemen. In Afghanistan, children were killed and maimed in
increasing suicide and complex attacks by the Taliban, including during the presidential
elections in September, and in continuing high numbers of aerial attacks. In the Syrian Arab
Republic, the number of children killed and maimed increased as a result of shelling and
airstrikes in continued hostilities in and around Idlib. In Yemen, while the overall number
of child casualties decreased, the number of children killed increased, including through
airstrikes, ground fighting, improvised explosive devices, landmines and explosive
remnants of war. Myanmar saw a significant increase of children killed and maimed, partly
due to the escalation of conflict between the Tatmadaw Kyi and the Arakan Army in
Rakhine State.
Rape and other forms of sexual violence against children
26.
Rape and other forms of sexual violence against conflict-affected children remained
significantly underreported, particularly when perpetrated against boys. Stigma, fear, a lack
of holistic services for survivors, widespread impunity for perpetrators, intimidation and
access constraints to verify incidents are some of the challenges that contributed to
underreporting.
27.
At the time of writing, the highest figures for rape and other forms of sexual
violence against children committed in 2019 continued to be verified in Somalia, followed
by the Central African Republic and the Democratic Republic of the Congo. Sexual
violence against children was often perpetrated in the context of other grave violations. In
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