Call for inputs on the rights of the child and violations of the human rights of children in armed conflicts

Background

In the current context of ongoing multiple armed conflicts across the globe, children are disproportionately its victims. In 2023, 460 million children lived in conflict zones around the world (UNICEF Humanitarian Action For Children 2024 Overview).

The Convention on the Rights of the Child, the most widely ratified international human rights treaty, unequivocally requires States parties to apply its provisions to all children at all times, both in times of sustained peace and in times of war, in the territory of the State party and also in all other territory over which the State party exercises effective control.

The Convention specifically addresses the situation of children in armed conflict, requiring States parties to apply in a complementary manner both international human rights law and international humanitarian law to ensure the protection and care of children (article 38). States parties further bear the duty to promote the physical and psychological recovery and social reintegration of its child victims (article 39). Further protections, specifically on the prevention of children’s recruitment and use in hostilities, apply to States parties of its Optional protocol on the involvement of children in armed conflict.

The special protections owed to children affected by armed conflict are recognized by the UN Security Council in its resolution 1261 (1999) and in subsequent resolutions.

The international legal framework protecting the rights of the child in situations of armed conflict is further completed by relevant provisions under the international humanitarian, criminal, and refugee law frameworks and labour standards.

In Human Rights Council resolution 55/29 on the Rights of the child, the Council decided to focus its 2026 annual full-day meeting on the rights of the child on the theme of the rights of the child and violations of the human rights of children in armed conflicts and invited the High Commissioner for Human Rights to prepare a report on that issue to be presented to the Council at its sixtieth session.

The Council requested that this work be carried out in consultation with all relevant stakeholders, including States, the United Nations Children’s Fund, the Special Representative of the Secretary-General on Violence against Children, the Special Representative of the Secretary-General for Children and Armed Conflict, relevant special procedure mandate holders, other relevant United Nations bodies and agencies, regional organizations and human rights bodies, national human rights institutions and civil society, including through consultations with children themselves.

Objectives

Article 3 of the Convention on the Rights of the Child requires States parties to take as a primary consideration the best interests of the child in all actions concerning children.

The abovementioned report will focus on the human rights of children affected by armed conflict, placing particular emphasis on how the right of the child to have his or her best interests taken as a primary consideration is respected in actions taken by States parties to the Convention on the Rights of the Child.

The report will further uncover the promising practices, achievements, and challenges encountered in ensuring the promotion and protection of the human rights of children in situations of armed conflict.

The report will present recommendations to guide policy and practice among States parties and to strengthen accountability in protecting children in conflict zones.

Key questions and types of input/comments sought

To inform the preparations of the report, the UN Human Rights Office has prepared a call for inputs for stakeholders to respond to concerning the focus areas of the report.

The UN Human Rights Office invites all interested States, civil society organizations, international and regional organizations, national human rights institutions, academics, and others, to provide written inputs to the following questions for this thematic report.

Respondents are requested to limit their comments to a maximum of 5 pages. Additional supporting materials, such as reports, academic studies, and other types of background materials may be annexed to the submission.

The Office of the High Commissioner for Human Rights would be grateful for your cooperation in providing information in response to the following questions:

1. How are governments implementing their obligations under the Convention on the Rights of the Child to take as a primary consideration the best interests of the child in all actions concerning children in situations of armed conflict? Please provide information concerning the following:

(1) Nature and extent of violations: Please provide information on the human rights violations that children experience in armed conflict situations both in the territory of your country and in all other territory over which your government exercises effective control.

(2) Best interests of the child in State actions: Please provide information on how effectively your government is upholding the right of the child to have his or her best interests taken as a primary consideration in their actions and policies related to armed conflict. Please provide examples of legal and institutional frameworks, policies and programmes, including military and other national security policy and operational frameworks, integrating this principle.

(3) Adequacy of current protections and remedies: Please provide information on the sufficiency of the protections and remedies planned or implemented to support and protect child victims of armed conflict. Please provide details on gaps in protection or promising practices and include examples of specific protection measures implemented or planned, such as risk assessments, the delivery of humanitarian aid, and availability and accessibility of lifesaving services, that have proven effective in respecting children’s right to life, survival and development in situations of armed conflict.

(4) Challenges to upholding the right of the child to have his or her best interests taken as a primary consideration: Please provide information on the challenges encountered, achievements and promising practices of your government in fully prioritizing children’s best interests in all conflict-related decisions and operations.

(5) Recommendations for strengthening protections and remedies: What specific actions should States parties to the Convention on the Rights of the Child take to improve the protection of children’s human rights and ensure that the best interests of the child are central to all conflict-related decisions and operations and in ensuring accountability for violations of their human rights? Please provide examples of measures implemented or planned by your government:

(i) To monitor, document and report on the violations of the human rights of children in armed conflict considering the direct and indirect, immediate and long-term impacts of armed conflict on children.
(ii) To provide remedies and reparations to child victims of human rights violations committed by State and non-state actors during conflicts.
(iii) To hear and consider the views of children in conflict-related accountability processes.

2. The following information is requested from non-State actors, including civil society and other independent local, national, regional and international mechanisms and entities:

(1) Nature of violations: What are the most significant human rights violations experienced by children in conflict zones, committed by State and non-state actors, and considering the direct and indirect, immediate and long-term impacts of armed conflict on children?

(2) Adequacy of current protections and remedies: How effective are the current efforts by governments, international and regional bodies, and local actors in preventing these violations, protecting children and providing accountability for child victims? Please share examples of specific approaches or programs that have proven effective or require improvement.

(3) Barriers to effective protection: What challenges impede fully prioritizing the right of the child to have his or her best interests taken as a primary consideration in situations of armed conflict?

(4) Recommendations for strengthened protection and accountability: What specific actions should be taken to ensure children’s best interests are prioritized in situations of armed conflict and in ensuring accountability for violations of their human rights? What are your recommendations for ensuring that the views of children affected by armed conflict are systematically heard and considered in conflict-related accountability processes?

Please consider the specific situation of marginalized children and those in situations of particular vulnerability in your response.

Please provide any relevant statistical or disaggregated data based on age, gender, disability, ethnicity, religion, sexual orientation and gender identity, migration status, or other categories.

How inputs will be used?

Submissions will be made publicly available, in full and as received, on the OHCHR website, unless otherwise requested.