scholarly journals 2. Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict

2010 ◽  
Vol 18 (4) ◽  
pp. 567-583 ◽  
Author(s):  
Yanghee Lee

AbstractThe adoption of the Convention on the Rights of the Child by the UN General Assembly in 1989 marked a shift in paradigm from viewing children as the possession of parents and objects of welfare to individuals with rights. At the outset of the second millennium, two optional protocols to the Convention (Optional Protocol on Children in Armed Conflict and Optional Protocol on Sale of Children, Child Prostitution, Child Pornography) were adopted in 2000. The need for a communications procedure was suggested from the very beginning of the drafting process. This article will discuss developments leading to the establishment of an open-ended working group for the elaboration of a communications procedure, 3rd Optional Protocol to the CRC. Concerns, questions, and the discussion surrounding the scope and content of the Optional Protocol will be elaborated.


2010 ◽  
Vol 18 (4) ◽  
pp. 535-549 ◽  
Author(s):  
Radhika Coomaraswamy

AbstractThe changing nature of modern warfare has increasingly exposed children, both boys and girls, to direct involvement in armed conflict. In order to bring this horrible practice to a halt, the international community ten years ago adopted the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, establishing eighteen as the minimum age for compulsory recruitment and participation in hostilities. This article presents an overview of the legislative history, legal framework and key provisions of the Optional Protocol. It also discusses the experience and practices of the International Criminal Court and the issue of children and criminal responsibility. The paper further elaborates on the needs and difficulties of war-affected children for reintegration into their communities, with special attention to psychosocial health and the building of livelihood skills.


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