Assess the effectiveness of legal and non-legal responses to a contemporary human rights

issue to a contemporary human rights issue

Child Soldiers
Legal Responses
International Responses, at an international level
Treaties that aim to address the issue:

The convention on the Rights of the Child (1989)

o One of the most important international human rights treaties now all but
universally adopted included article 38 relating to children in armed conflict
o Article 38, restates the minimum age of recruitment at 15 and also discourages
recruitment of children under 18 years old
o It also creates obligations to minimise harm to all children armed conflicts
The Rome Statute of the International Criminal Court (1998)
o Establishes a permanent court to try persons charged with committing war
crimes, crimes against humanity and genocide
o Recruiting children under 15 years old into armed forces using them to
participate in hostilities was specifically added as a war crime that can be tried
and punished by the ICC
The worst forms of Child labour convention (199()
o Prohibits the forced or compulsory recruitment of children under the age of 18 for
direct use of armed conflict and defines it as one of the worst forms of child
labour, as well as other forms of slavery or sexual exploitation
o This treaty has now been ratified by over 170

Non Legal Responses

There are many programs and organisations both international and domestic that aim to
combat the causes and effects of the recruitment and use of child soldiers worldwide
International

At an international role in monitoring the use of child soldiers around the world
o The ILO and the UN childrens Fund (UNICEF) in particular play a role in research
and studies into the status of the problem, providing recommendations where
necessary and promoting the spirit and obligations of the treaties in armed
conflict
There are also a host of international NGOs that conduct important work in monitoring
and reporting the issue, educating the public and lobbying the government and
international organisations to take action
The most significant of these is the Coalition to Stop the Use of Child Soldiers. The
coalition is different to other NGOS in that it comprises many different member
organisations with a common purpose of:
o Preventing the recruitment and use of children as soldiers
o Securing the rehabilitation of child soldiers
o Ensuring the rehabilitation of child soldiers and their reintegration into society

Domestic

These may include focusing on issues relating to child soldiers particularly in countries
here the recruitment of child soldiers is a significant problem
Recently one strong movement has developed internationally that enables local
interest groups, individuals, schools and other institutions to take part in a global effort
to raise awareness on children in armed conflict
Red hand day is a campaign that takes place every day to commerate and draw
attention to issues of child soldiers. It is proved to be highly successful and participants

all over the world take part every year, particularly in local schools, in raising funds,
showing support, educating others and lobbying governments to action

Effectiveness of Responses

According to the Coalition to stop the use of child Soldiers, progress has been made on
child soldiers but there is still a long way to go and any further advances will require
commitment and political will
Despite the significant efforts of international community, particularly in the last
decade with the adoption and ratification of ground-breaking human rights treaties, the
pace of progress has been slow and tens of thousands of children currently involved in
armed forces have yet to feel its impact
More must be done to make it less attractive to recruit children for use in armed forces
by strengthening the enforcement mechanism
Whilst the establishment of the ICC and the first trial of charges relating to child
soldiers is encouraging this is only the tip of the iceberg
Political will is needed at all levels to strengthen the enforcement mechanisms but it
will be an uphill battle if the root causes of conflicts that draw children into the
battlefield at not addressed. This involves the wider issues of tackling poverty, ending
conflicts and establishing the rule of law and respect for human rights in all countries