THE PARIS PRINCIPLES
PRINCIPLES AND GUIDELINES ON CHILDREN
ASSOCIATED WITH ARMED FORCES OR ARMED
GROUPS
February 2007
.....
Definitions:
2.1
“A child associated with an armed force or armed group” refers to
any person below 18 years of age who is or who has been recruited or used by an armed force or armed group in any capacity, including but not limited to children, boys and girls, used as fighters, cooks, porters, messengers, spies or for sexual purposes. It does not only refer to a child who is taking or has taken a direct part in hostilities.
....
Best interests of the child5
3.4.0 The release of children from armed forces or armed groups, their reintegration and prevention of recruitment and re-recruitment require priority attention. Actions in this regard must not be dependent or contingent on or attached in any way to the progress of peace processes. All measures to assure the release of children, their protection and the prevention of the recruitment of children shall be determined by the best interests of such children.
3.4.1 Prevention of recruitment, release, protection and reintegration are interdependent and indivisible. Efforts to develop lasting solutions to children’s recruitment or use by armed forces or armed groups, and to prevent its future occurrence, should be inclusive of all children affected by armed conflict and address other egregious violations of children’s rights under applicable international law or the national law of the countries affected.
Children and justice
Treatment of those accused of violations of children’s rights
3.5 Those suspected of committing crimes against children under international law should receive particular attention in post-conflict or transitional justice mechanisms. No amnesty for crimes under international law, including those committed against children, should be granted in any peace or cease-fire agreement.
Treatment of children accused of crimes under international law
3.6
Children who are accused of crimes under international law allegedly committed while they were associated with armed forces or armed groups should be considered primarily as victims of offences against international law; not only as perpetrators. They must be treated in accordance with international law in a framework of restorative justice and social rehabilitation, consistent with international law which offers children special protection through numerous agreements and principles.
3.7 Wherever possible, alternatives to judicial proceedings must be sought, in line with the Convention on the Rights of the Child and other international standards for juvenile justice.6
3.8 Where truth-seeking and reconciliation mechanisms are established, children’s involvement should be promoted and supported and their rights protected throughout the process. Their participation must be voluntary and by informed consent by both the child and her or his parent or guardian where appropriate and possible. Special procedures should be permitted to minimize greater susceptibility to distress.
The right to life, survival and development7
3.9
Capital punishment or imprisonment for life without possibility of release shall never be used against any person who is proved to have committed an offence against international or domestic criminal law while under 18 years of age.8
3.10 Programmes and policies intended to benefit children associated with armed forces or armed groups should also be informed by a child development perspective. This includes considering and addressing the way children’s relationships with significant persons in their lives have been affected by their experiences as well as the way children’s experiences impact on their own evolving capacities. A consideration of child development will always include recognising the individual capacities and resources of children in surviving and overcoming their difficulties.
http://www.diplomatie.gouv.fr/en/IMG/pdf/Paris_Conference_Principles_English_31_January.pdf
