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Summary:

At its fourth session, the Committee on the Rights of the Child decided to make available for general distribution a compilation of the conclusions and recommendations adopted at its previous (first to nineteenth) sessions. Chapter X of this document compiles information on the issue of "children in armed conflict".

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CRC/C/19/Rev.9 16 November 1998

Compilation of the conclusions and recommendations adopted by the Committee on the Rights of the Child at his twentieth session : 16/11/98. CRC/C/19/Rev.9. (Basic Reference Document)

COMMITTEE ON THE RIGHTS OF THE CHILD Twentieth session Geneva, 11-29 January 1999 Item 7 of the provisional agenda

METHODS OF WORK OF THE COMMITTEE

Compilation of the conclusions and recommendations adopted by the Committee on the Rights of the Child

Note by the Secretariat 1. At its fourth session, the Committee on the Rights of the Child decided to make available for general distribution a compilation of the conclusions and recommendations adopted at previous sessions. The Committee also decided that this compilation should be updated on a regular basis in the future. 2. The texts of the conclusions and recommendations adopted by the Committee at its first to nineteenth sessions are contained in the annex to the present document.

Annex

CONCLUSIONS AND RECOMMENDATIONS ADOPTED BY THE COMMITTEE ON THE RIGHTS OF THE CHILD AT ITS FIRST TO NINETEENTH SESSIONS

Resume X. CHILDREN IN ARMED CONFLICTS

Third session, Recommendation 1 Fourth session, Recommendation 5 Sixth session, Recommendation 2 Seventh session, Recommendation 1 Nineteenth session, Recommendation

Full text of chap X

X. CHILDREN IN ARMED CONFLICTS Third session, Recommendation 1 The Committee on the Rights of the Child, / See CRC/C/16, Recommendation 1./ Recalling that in accordance with the provisions of article 45 (c) of the Convention, the Committee may recommend to the General Assembly to request the Secretary-General to undertake, on its behalf, studies on specific issues relating to the rights of the child, Further recalling that at its second session the Committee devoted one day to a general discussion on the topic "Children in armed conflicts", having discussed the relevance and adequacy of existing standards applicable in the framework of children in armed conflicts; the measures to ensure effective protection to children in situations of armed conflicts and the promotion of physical and psychological recovery and social reintegration, Having concluded that in order to focus greater attention on the serious problem of children in armed conflicts, a major United Nations study should be undertaken, 1. Recommends to the General Assembly, in accordance with article 45 (c) of the Convention, that it request the Secretary- General to undertake a study on ways and means of improving the protection of children from the adverse effects of armed conflicts; for this purpose, the Secretary-General might wish to invite the cooperation of relevant specialized agencies, other United Nations organs, non-governmental organizations and the International Committee of the Red Cross; 2. Requests the Secretary-General to bring this recommendation to the attention of the General Assembly for consideration at its forty-eighth session.

Fourth session, Recommendation 5 The Committee on the Rights of the Child, / See CRC/C/20, Recommendation 5./ Recalling its general discussion on the topic "Children in armed conflicts" and the recommendations adopted thereon, Having considered the serious attention paid by the Commission on Human Rights to this question and the important resolutions adopted by the Commission in this field, Encouraged by the support expressed by the World Conference on Human Rights to the Committee's proposal that the Secretary- General initiate a study of means of improving the protection of children in armed conflicts, Taking note of the request addressed to it by the World Conference on Human Rights to study the question of raising the minimum age of recruitment into armed forces, Requests the Secretary-General to transmit to the Commission on Human Rights at its fiftieth session the preliminary draft optional protocol the Committee had prepared on this issue at its third session (CRC/C/16, annex VII).

Sixth session, Recommendation 2 / See CRC/C/29, Recommendation 2./ See above, Chapter VII, Sixth session, Recommendation 2.

Seventh session, Recommendation 1 / See CRC/C/34, Recommendation 1./ The Committee on the Rights of the Child, Recalling its general discussion on the topic "Children in armed conflicts" and the recommendations adopted thereon, Taking into consideration the attention paid by the General Assembly and the Commission on Human Rights to this question, Recalling the decision of the Commission on Human Rights to establish a working group to elaborate a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts, and to use as a basis for its discussions the preliminary draft submitted by the Committee on the Rights of the Child, Recalling also the support expressed by the World Conference on Human Rights for the Committee's recommendation that a major study be initiated on the means of improving the protection of children in armed conflicts, Taking into consideration General Assembly resolution 48/157 of 20 December 1993 in which the Assembly requested the Secretary-General to appoint an expert to undertake a comprehensive study of this question, 1. Welcomes the appointment of Mrs. Garça Machel as the expert entrusted with the task of carrying out this study; 2. Also welcomes the opportunity of meeting Mrs. Machel and exchange views with her on the main areas to be covered by the study; 3. Decides to cooperate closely with Mrs. Machel in the preparation of this major study.

Nineteenth session, Recommendation / See CRC/C/80, Recommendation./ The Committee on the Rights of the Child, Recalling that at its second session in 1992 the Committee devoted one day to a general discussion on the topic "Children in armed conflict" at which the relevance and adequacy of existing standards were discussed, Noting the similarity of the conclusions on the negative effects of armed conflicts on children reached by the expert of the Secretary-General in her 1996 study entitled "The impact of armed conflict on children" (A/51/306 and Add.1) and by the Special Representative of the Secretary-General on the impact of armed conflict on children, Recalling that at its third session it prepared a preliminary draft optional protocol to the Convention on the Rights of the Child (E/CN.4/1994/91, annex) that it submitted to the Commission on Human Rights at its fiftieth session, Having welcomed the subsequent decision of the Commission on Human Rights, as contained in its resolution 1994/91, to establish an open-ended inter-sessional working group to elaborate, as a matter of priority, a draft optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, Noting that the working group has met yearly since 1995 and that it was unable, at its fourth session held in February 1998, to reach agreement on a draft text which could be adopted by consensus, Welcoming Commission resolution 1998/76 and the request to the Secretary-General to invite the Committee, inter alia, to submit comments and suggestions on the report of the working group, Reiterating its growing alarm, upon its examination of a large number of reports of States parties on their implementation of the Convention on the Rights of the Child, at the deeply tragic consequences of the involvement of children in armed conflict, 1. Expresses its concern at the delays experienced in the process of drafting and adopting the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; 2. Recalls that the function of optional protocols is to promote the progressive development of international law by enabling those States that are willing to adopt more demanding standards to do so; 3. Reaffirms its belief that this new legal instrument is urgently needed in order to strengthen the levels of protection ensured by the Convention; 4. Stresses the special responsibility of States parties to the Convention on the Rights of the Child in the search for the most protective solutions, guided by the best interests of the child; 5. Recalls its major recommendation on the fundamental importance of raising the age of all forms of recruitment of children into the armed forces to 18 years and the prohibition of their involvement in hostilities; 6. Also recalls that adoption of the optional protocol will provide an opportunity for States parties that are in a position to do so, and them alone, to accept its provisions by ratification or adherence; 7. Expresses the hope that States that are not yet in a position to accept the 18-year age limit will not prevent the adoption of the optional protocol by other Governments; 8. Invites States parties to make every effort to facilitate the adoption of the optional protocol on the involvement of children in armed conflict before the tenth anniversary of the adoption of the Convention on the Rights of the Child.

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Compilation of the conclusions and recommendations adopted by the Committee on the Rights of the Child at its twentieth session CRC/C/19/Rev.9

Previous CRC - Basic Reference Document items

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