37/33 Protecting the rights of the child in humanitarian situations - Report of the United Nations High Commissioner for Human Rights

GE.17-20674(E)



Human Rights Council Thirty-seventh session

26 February – 23 March 2018

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Protecting the rights of the child in humanitarian situations

Report of the United Nations High Commissioner for Human Rights

Summary

In the present report, the United Nations High Commissioner for Human Rights

describes the scale and impact of humanitarian situations on children and addresses the

main challenges they face, focusing on the importance of child protection and the

implementation of the rights to health and to education during emergency situations. He

makes a number of recommendations on ensuring that children are put at the centre of

humanitarian response and assistance.

I. Introduction

1. The present report is submitted to the Human Rights Council pursuant to its

resolution 34/16, in which the Council requested the Office of the United Nations High

Commissioner for Human Rights (OHCHR) to prepare a report on the theme of protecting

the rights of the child in humanitarian situations, in close cooperation with all relevant

stakeholders, including States, the United Nations Children’s Fund (UNICEF), other

relevant United Nations bodies and agencies, the Special Representative of the Secretary-

General on Violence against Children and the Special Representative of the Secretary-

General for Children and Armed Conflict, relevant special procedure mandate holders,

regional organizations and human rights bodies, national human rights institutions and civil

society, including children themselves, and to present it to the Council at its thirty-seventh

session, with a view to providing information for the annual day of discussion on the rights

of the child.

2. Pursuant to the request of the Human Rights Council, OHCHR solicited

contributions and received a total of 39 responses from States, national human rights

institutions, civil society organizations and other stakeholders.

II. Humanitarian situations: terminology, scale and impact on

children

3. In the UNICEF Core Commitments for Children in Humanitarian Action, a

humanitarian situation is defined as “any circumstance where humanitarian needs are

sufficiently large and complex to require significant external assistance and resources, and

where a multi-sectoral response is needed, with the engagement of a wide range of

international humanitarian actors.” For the purposes of the present report, the term

“humanitarian situation” is understood in a broader sense, and includes complex

emergencies and disasters. It also encompasses the terms “humanitarian crisis” and

“emergency”, which include events or series of events that constitute a critical threat to the

health, safety, security or well-being of a community or other large group of people, for

example, as a result of armed conflict, situations of violence and insecurity, or natural or

human-made disasters.

4. In 2016, 43 million children in 63 countries required humanitarian assistance as a

result of complex emergencies and natural disasters.1 In 2017, children have been affected

by humanitarian situations around the globe, such as by floods in India, Nepal, Bangladesh

and Sierra Leone, the earthquake in Mexico, the hurricanes affecting the Caribbean and the

United States of America, and a number of situations of political and economic instability

in all regions of the world that have forced children to migrate. Nearly a quarter of the

world’s school-aged children live in countries affected by a humanitarian crisis, and

children in these countries account for 43 per cent of all out-of-school children at primary

and lower-secondary levels.2 Children also make up nearly half of the world’s displaced

people and more than half of all refugees.3 This status can affect them for their entire

childhood – with people remaining refugees for 17 years on average.4

5. In addition to being affected by humanitarian situations, children are particularly

susceptible to their impact. Children are especially vulnerable to human rights violations

committed in humanitarian situations, such as the deprivation of health care and education,

forced displacement, the separation of children from their families, abduction and

trafficking, their recruitment and use by armed forces or groups, and sexual abuse and

1 UNICEF, Humanitarian Action for Children, January 2016, p. 5.

2 UNICEF, Children in Humanitarian Crises: What Business Can Do, September 2016, p. 10.

3 UNICEF, Children in Crisis: What Children Need from the World Humanitarian Summit, 2016, p. 1.

4 UNICEF, Children in Humanitarian Crises (see footnote 2), p. 10.

exploitation. These factors can also have a knock-on effect, such as increases in child

labour and the incidence of family violence and of harmful practices against children.

6. Moreover, lack of humanitarian access – including by obstructing the free passage or

timely delivery of assistance to children in need, or deliberate attacks against humanitarian

workers – is one of the main challenges posed in protecting children’s rights in

humanitarian situations. The denial of humanitarian access is prohibited under the fourth

Geneva Convention and the additional protocols thereto, and has been identified by the

Security Council as one of the six grave violations affecting children in times of war.

7. Protecting children’s rights in humanitarian situations goes beyond the immediate

response to a crisis and meeting short-term needs. It involves strengthening risk reduction,

capacity-building and preparedness in order to reduce the impact of situations when they

are committed, as well as assisting with recovery, and re-building resilient communities to

deliver long-term solutions.

8. According to the 2030 Agenda for Sustainable Development, global health threats,

more frequent and intense natural disasters, spiralling conflict, violent extremism, terrorism

and related humanitarian crises and the forced displacement of people threaten to reverse

much of the development progress made in recent decades. Member States resolved to take

further effective measures and actions, in conformity with international law, to remove

obstacles and constraints, to strengthen support and to meet the special needs of people

living in areas affected by complex humanitarian emergencies. In order to achieve these

goals, it is vital that the most vulnerable in society, including those in crisis, are given

special priority.

9. Furthermore, in the New York Declaration for Refugees and Migrants,5 Heads of

States and Government acknowledged that global migration was often linked to

humanitarian situations that called for global approaches and solutions, and pledged to

ensure that migration was integrated into humanitarian, peacebuilding and human rights

policies and programmes. They also recognized the particular vulnerability of children in

the context of migration, and undertook to protect the human rights and fundamental

freedoms of all refugee and migrant children, regardless of their migration status, giving

primary consideration at all times to the best interests of the child and paying particular

attention to the protection of unaccompanied children and those separated from their

families.

III. The rights of the child in humanitarian situations:

international legal standards

10. International human rights law, including the Convention on the Rights of the Child

and the optional protocols thereto, applies at all times: in peacetime, in times of conflict,

and in emergencies. In this regard, it is important to note that humanitarian situations not

only generate new threats to children’s rights, but also exacerbate existing ones.

Humanitarian situations compromise the effective enjoyment of the rights enshrined in the

Convention, including the rights to life, survival and development, family relations and not

to be separated from one’s parents against one’s will, the highest attainable standard of

health, an adequate standard of living, education, freedom from any form of violence or

exploitation, and recreation and play.

11. Where a humanitarian situation involves armed conflict, the Convention on the

Rights of the Child contains specific provisions for the protection of children’s rights.

Article 38 of the Convention requires that States ensure the protection and care of children

affected by armed conflict, and that rules of international humanitarian law are respected,

while the Optional Protocol to the Convention on the involvement of children in armed

conflict requires States to take measures to ensure that children under 18 do not face

5 General Assembly resolution 71/1.

compulsory recruitment, nor take direct part in hostilities. Moreover, where a child has

been displaced from his or her country of origin as a result of a humanitarian situation,

article 22 provides that children seeking refugee status must receive appropriate protection

and humanitarian assistance. Where such children are unaccompanied, they must be

assisted in tracing members of their family in order to achieve reunification, where

possible.

12. The above-mentioned articles should be read in conjunction with the norms set out

in both international humanitarian law and international refugee law. International

humanitarian law requires States to accord children special respect and care, and to give

them preferential treatment. Unaccompanied and separated children should be identified,

and family reunification pursued. International refugee law recommends that States take

measures necessary to protect refugees who are minors, and particularly unaccompanied

children.

13. The impact that humanitarian situations and emergencies have on children’s lives,

and on the enjoyment of their rights, is acknowledged regularly by the Committee on the

Rights of the Child in its concluding observations, as well as in its general comments No. 1

(education), No. 6 (unaccompanied and separated children outside their country of origin),

No. 11 (indigenous children), No. 12 (right of the child to be heard), No. 15 (health), No.

16 (impact of business on children’s rights), No. 17 (rest, leisure and play) and No. 20

(rights in adolescence), and in joint general comment No. 3 (2017) of the Committee on the

Protection of the Rights of All Migrant Workers and Members of Their Families and No.

22 (2017) of the Committee on the Rights of the Child (human rights of children in the

context of international migration), to be read in conjunction with joint general comment

No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and

Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child

(State obligations regarding the human rights of children in the context of international

migration in countries of origin, transit, destination and return).

A. Equality and non-discrimination

14. According to article 2 of the Convention on the Rights of the Child, the obligations

of the State under the Convention apply to each child within the State’s territory and to all

children subject to its jurisdiction. The Committee on the Rights of the Child clarified in its

general comment 6 (2005) that State obligations cannot be arbitrarily and unilaterally

curtailed either by excluding zones or areas from a State’s territory or by defining particular

zones or areas as not, or only partly, under the jurisdiction of the State. Moreover, the

obligations of the State under the Convention apply within the borders of the State,

including with respect to those children who come under the State’s jurisdiction while

attempting to enter the country’s territory. The rights stipulated in the Convention therefore

extend not only to children who are citizens of a State party but also to all children within

the State party’s jurisdiction – including asylum-seeking, refugee and migrant children –

irrespective of their nationality, immigration status or statelessness.

15. In responding to humanitarian situations, as well as in planning and recovery efforts,

States must, in accordance with article 2, ensure that all children have equal opportunities

for the realization of their rights, without discrimination of any kind. During periods of

instability, the most vulnerable in society find themselves in an even more precarious

situation. Emergencies can further marginalize those already at risk of discrimination, and

existing patterns of discrimination are often amplified.6 Children who are particularly

vulnerable to rights violations in humanitarian situations include children in extreme

poverty, migrant children, internally displaced and refugee children, children in street

situations, indigenous children, children belonging to religious and/or ethnic minorities, and

separated and unaccompanied children.

6 Child Protection Working Group, Minimum Standards for Child Protection in Humanitarian Action,

Global Protection Cluster, p. 15.

16. In particular, situations of crisis can exacerbate gender inequalities, which have been

linked to higher rates of mortality from natural disasters among women and girls. The

security and bodily integrity of girls can be threatened by displacement, and evacuation to

shelters lacking safe facilities for them has been shown to heighten the risks of sexual

harassment, violence and human trafficking (A/HRC/35/13, para. 22).

17. In addition, emergencies disproportionately affect persons with disabilities. Children

with disabilities may suffer higher rates of abuse, neglect and abandonment in emergencies,

while programme assistance, adequate shelter, communication and means of transportation

tend to be inaccessible, resulting in violations of their rights. Insufficient attention paid to

accessibility considerations in evacuation, response and relief efforts renders children with

disabilities particularly susceptible to injury and disease. Barriers to access to food,

drinking water and medical relief can worsen children’s health problems and exacerbate the

effects of children’s disabilities.

B. Best interests of the child

18. A rights-based approach should always underpin the planning and execution of

responses to humanitarian situations. Article 3 of the Convention on the Rights of the Child

requires the best interests of children to be a primary consideration in all decision-making

concerning them; for this reason, they should constitute a guiding principle in all actions

taken by States, international organizations, non-governmental organizations and private

actors. According to the Committee on the Rights of the Child, the expression “primary

consideration” means that the child’s best interests should not be considered on the same

level as other considerations. Such a clear position is justified by the special situation of the

child, characterized by dependency, maturity, legal status, and often voicelessness. Children

have fewer possibilities than adults to make a case for their own interests, while those

involved in decisions affecting children should be aware of their interests.7 Impact

assessments should be conducted to identify the likely impact of decisions on children’s

rights, and to determine the extent to which the best interests of the child have been taken

into account in decision-making.

C. Survival and development

19. Children are among the persons most vulnerable to danger and injury in

emergencies; in fact, children in countries affected by humanitarian emergencies account

for nearly half of all under-5 deaths.8 In humanitarian situations, children’s surroundings

often change rapidly, introducing new risks into their environments, and families may be

forced to move to areas more exposed to hazards. Moreover, basic services are often

destroyed, and systems previously in place to protect children are compromised.

20. In humanitarian situations involving armed conflict, children are exposed to even

greater risks. In 2016, more than 8,000 children were killed or maimed in conflict

situations. This included 3,512 children killed or maimed in Afghanistan, the largest

number since the United Nations began to document civilian casualties in 2009, and an

increase of 24 per cent over the previous year. At least 1,340 children were killed and

maimed in Yemen, and 1,299 in the Syrian Arab Republic (see A/70/836-S/2016/360 and

A/72/361-S/2017/821).

21. Article 6 of the Convention on the Rights of the Child not only requires States

parties to recognize the inherent right to life but also to ensure the survival and

development of the child. The right to survival and development goes beyond a child’s

physical needs and protection. Humanitarian situations affect mental, social and

environmental development, as well as physical well-being. Children who have

7 Committee on the Rights of the Child general comment No. 14 (2013), para. 37.

8 UNICEF, Children in Humanitarian Crises (see footnote 2), p. 10.

experienced stressful situations may show changes in behaviour, emotions and social

relations. In this respect, child-friendly spaces, where children can play and have access to

recreational, leisure and learning activities, should be created, even in humanitarian

situations. Such nurturing environments can provide educational and psychosocial support,

and help to restore a sense of normality and continuity for children.

D. Participation

22. According to article 12 of the Convention on the Rights of the Child, all children

have the right to be heard and to participate in decision-making that affects their lives. In its

general comment No. 12 (2009), the Committee on the Rights of the Child stated that the

right embodied in article 12 does not cease in situations of crisis or in their aftermath.

23. Children can play an important role in the response to an emergency. Humanitarian

efforts are more effective, sustainable and efficient when children are involved in their

assessment, design, implementation and monitoring. Children are active participants in their

families and communities, and should be seen as agents of change rather than being

relegated to passive or dependent roles. A survey conducted in the context of the World

Humanitarian Summit found that, in the Syrian Arab Republic, 83 per cent of child

participants would participate in relief efforts if given the chance.9

24. The way children highlight or prioritize needs and risks is different to that used by

adults, and their participation is a vital means of ensuring accountability and effectiveness.

In its general comment No. 12, the Committee on the Rights of the Child pointed out that

participation also helps children to regain control over their lives, contributes to their

rehabilitation and gives them a sense of identity. Children should play an active role not

only in capacity-building and preparedness but also during humanitarian responses, and in

post-emergency reconstruction and post-conflict resolution processes. Their views should

be sought in the assessment, design, implementation, monitoring and evaluation of

programmes.

25. The participation of children cannot be assured in a vacuum; it requires time to build

mutual trust and confidence among children, especially those who have been marginalized,

and two-way skill development. Children need to be supported in the development of skills

required to work together. As the International Movement ATD Fourth World pointed out

in a submission to OHCHR, children might not be used to having their views heeded, and

need support in developing the tools to analyse their rights and assume responsibilities.

26. A recent report commissioned by the World Humanitarian Summit Advisory Group

on Children found that children in various emergency contexts felt frustrated at not being

allowed to help or contribute. They also indicated that their main priorities during

emergency situations were education and protection.10

IV. Challenges for children in humanitarian situations

A. Separation from families

27. Humanitarian situations increase the likelihood of children becoming separated from

their families, and living unaccompanied. Such children are among the most vulnerable of

all those affected by emergencies, given that they have lost the care and protection of their

caregivers. In a submission to OHCHR, the Refugee Rights Data Project explained that

separated and unaccompanied children may assume adult roles, and be burdened with

responsibilities beyond their age; they are thus vulnerable to physical and psychological

9 World Humanitarian Summit Advisory Group on Children, Putting Children at the Heart of the

World Humanitarian Summit, 2016.

10 Ibid.

harm, neglect, abuse, recruitment into armed forces, child trafficking, forced and child

marriage, illegal adoption, and sexual and other forms of exploitation (see also A/72/164,

paras. 24-45).

28. Separation may be an unintentional result of a humanitarian situation – for example,

where family members become separated while fleeing from danger, while crossing

international borders or during evacuation. In situations of armed violence, abduction of

children by parties to the conflict is one of the main reasons for separation. Similarly, in the

context of migration, unaccompanied or separated children are at a heightened risk of

trafficking and exploitation. On the other hand, separation may be a deliberate decision

made by parents or caregivers because they lack the means to care for their children, or

where residential care facilities are able to provide better care than the family.11 According

to the Inter-agency Guiding Principles on Unaccompanied and Separated Children issued

by the International Committee of the Red Cross in 2004, the risk of deliberate separation

can be mitigated by giving priority to the protection of and assistance for families, to enable

them to meet the needs of the children in their care, while ensuring that all households have

access to basic supplies and services (see also A/HRC/19/63, paras. 51-61).

29. In times of humanitarian crisis, it is vital that children be provided with interim care,

with the ultimate aim of reunification with their families and caregivers as quickly as

possible (A/72/164, paras. 54-58). Family tracing should be the immediate priority, and no

long-term care arrangements, such as domestic or intercountry adoption, should be made

until it is clear that there is no possibility of successful tracing and reunification.12

30. States should take steps to prevent family separation in humanitarian situations.

Families should be informed of measures that they can take in emergencies to minimize the

risk of their children becoming separated. In the case of infants and small children, parents

and caregivers should teach them their name, address and details of where they come from

in order to facilitate tracing should they become separated. Whenever possible, children

should be evacuated from their place of residence together with adult family members.

Evacuating children without family members should be a measure of last resort, taken only

after careful determination that protection and assistance cannot be assured and that

evacuation of the entire family is not feasible.

B. Violence and exploitation

1. Sexual violence and exploitation

31. Children are exposed to a wide range of risks in humanitarian situations, and child

protection, namely the prevention of exploitation, violence and abuse, must be an

immediate priority and given equal importance as other areas of humanitarian action, such

as the provision of food, emergency shelter and clean water. Although States have the

primary responsibility to protect children in humanitarian situations, they often lack the

technical and financial resources necessary to fulfil it. An effective response requires a

comprehensive, multi-sectoral approach that includes not only the provision of services but

also ensures accountability through legal reform, the training of security forces, capacity-

building of child protection actors, and public awareness-raising.

32. In the aftermath of an emergency situation, the risk of sexual exploitation may

increase as a result of reduced protection mechanisms, the collapse of the rule of law, or

greater social or economic pressure.13 This may also be compounded by the degree of

11 Global Protection Cluster, “Strengthening Protection in Natural Disaster Response: Children”

(working document).

12 Office of the United Nations High Commissioner for Refugees (UNHCR), Policy on Adoption of

Refugee Children, August 1995.

13 Child Protection Working Group, A Matter of Life and Death: Child protection programming’s

essential role in ensuring child wellbeing and survival during and after emergencies, Global

Protection Cluster, 2015, sect. 3.3.

children’s dependence on others, their restricted power in decision-making, and their

vulnerability to manipulation and exploitation.14

33. Armed conflict puts women and children at a heightened risk of sexual violence and

exploitation either as the result of social or legal breakdown or as a weapon of war. Natural

disasters receive less attention with regard to acts of sexual violence, although evidence

suggests that its incidence is high also in such situations.15 The impact of sexual violence

and exploitation goes beyond immediate consequences; it may leave survivors with long-

lasting trauma, sexually-transmitted diseases or unwanted pregnancies, and they themselves

may be ostracized by the community (see A/70/222).

34. Children who have been displaced, are unaccompanied or separated from their

families, or are living in poverty are at a particularly high risk of sexual violence. Poverty,

hunger and desperation may force children into “survival sex”, offering themselves in

exchange for food, shelter or protection; for example, displaced children may be vulnerable

to demands for sex by camp officials, police officers or military personnel in return for

protection.16 Children may be placed in emergency shelters with unrelated adults and

children of the opposite sex, increasing their risk of abuse or exploitation.17 To prevent such

situations, States and humanitarian actors should ensure that separate housing is established

for children and that “safe adults” are appointed to supervise and support them. Moreover,

child-friendly or safe spaces should be established where children can rest and play with a

sense of normality, and receive care and support.18

35. States should also establish child-friendly, independent, timely and effective

reporting mechanisms, and provide a functioning referral pathway for children and families

to follow. According to ECPAT International in its submission to OHCHR, this should be

accompanied by the collection of data, in order to gain a better understanding of the scale

and scope of sexual exploitation of children in humanitarian situations, which would allow

for more targeted prevention and protection approaches. Children and families should also

receive education on the prevention of sexual exploitation and abuse, to raise their

awareness and to empower children to protect themselves (see also A/HRC/19/63).

2. Harmful practices

36. The incidence and risk of child, early and forced marriage are heightened in

humanitarian settings. For example, Girls not Brides, in a submission to OHCHR, showed

that, in Yemen, the rate of child marriage had risen to 65 per cent from 50 per cent before

the conflict, while in Syrian refugee communities in Jordan, the rate of child marriage

almost tripled from 2011 to 2014, from 12 per cent to 32 per cent. Families sometimes

resort to this harmful practice as a coping mechanism in times of emergency, as a way to

“protect” their daughters from sexual violence, or to free themselves of an economic

burden. Other factors include insecurity, gender inequality, increased risks of sexual and

gender based violence, breakdown of the rule of law and State authority, the misconception

of providing protection through marriage, the use of forced marriage as a tactic in conflict,

lack of access to education, the stigma of pregnancy outside marriage, absence of family

planning services, disruptions in social networks and routines, increased poverty, and the

absence of livelihood opportunities.19

37. Patterns of physical violence against children can also be exacerbated in

humanitarian situations. Increased strain on families and communities, in conjunction with

14 Child Protection Working Group, Minimum Standards for Child Protection (see footnote 6), p. 91.

15 Child Protection Working Group, A Matter of Life and Death (see footnote 13), sect. 3.3.

16 UNICEF, Profiting from abuse: an investigation into the sexual exploitation of our children, New

York, 2001, p. 31.

17 Ibid.

18 Global Protection Cluster, Strengthening Protection in Natural Disaster Response: Children (see

footnote 11).

19 See Human Rights Council resolution 35/16.

a weakened protective environment around the child, put children at greater risk of

domestic violence, physical and sexual abuse, and corporal punishment.

38. States should ensure that they address the underlying factors that make children

especially vulnerable to harmful practices and violence, such as poverty, lack of education,

gender discrimination, and a lack of physical and material security. In addition, authorities

should ensure child and community participation in measures to combat such practices in

order to increase the effectiveness of targeted prevention efforts and protection responses.

3. Children and the justice system

39. In humanitarian situations, the number of children in contact with the justice system

– as alleged offenders, victims or witnesses – rises dramatically.20 Where there is a

breakdown in law and order, the number of cases of arbitrary arrest or detention of children

often increases;21 as justice systems are weakened, normal rules are often misapplied or

unenforced. Children who have been displaced by conflict often face a risk of arbitrary

arrest or detention when States criminalize administrative immigration infractions, such as

irregular entry or stay. Children migrating owing to a humanitarian situation may also be

negatively affected by the criminalization of low-level offences, such as those relating to

anti-social behaviour, breaking curfews or survival-related activities, such as begging,

stealing, living and working in the streets. Moreover, children who have migrated often

face longer periods in detention, as they have fewer relatives or community members who

can act to secure their release.22

40. On the other hand, displaced communities in humanitarian situations often avoid the

formal justice system out of fear of arrest or refoulement. In such cases, they may turn to

informal or traditional justice mechanisms23 that do not always comply with the rights as set

out in article 40 of the Convention on the Rights of the Child. Justice programming should

therefore be implemented alongside humanitarian relief work in order to mitigate the risks

for children in emergencies and to prevent further violations of their rights.24

4. Child labour

41. The vulnerability of children to child labour, especially in its worst forms, is

heightened in humanitarian situations. This is possible, for example, where educational

opportunities are disrupted, livelihoods are lost or families need extra income, or in cases

where children become separated from their families and need to find their own income.

Moreover, child protection mechanisms previously in place may be eroded or no longer

available in times of crisis.

42. Emergencies may increase the incidence of the worst forms of child labour, or even

trigger new practices. This may result in children who are already working taking on more

hazardous work, or in moves by children to search for work, which may put them at risk of

exploitative situations. In this regard, the private sector has an important role to play.

Businesses should recognize the heightened risk of violations of human rights in the context

of humanitarian situations, and take measures to ensure that children do not engage in

hazardous labour in their activities.

C. Access to health

43. According to article 24 of the Convention on the Rights of the Child, States parties

to the Convention recognize the right of the child to the enjoyment of the highest attainable

20 Child Protection Working Group, Justice for children in humanitarian action.

21 Child Protection Working Group, Minimum Standards for Child Protection (see footnote 6), p. 128.

22 Child Protection Working Group, Justice for children in humanitarian action.

23 Ibid.

24 UN Common Approach to Justice for Children (2008),

https://www.un.org/ruleoflaw/blog/document/un-common-approach-to-justice-for-children/.

standard of health, and should strive to ensure that no child is deprived of his or her right of

access to health-care services. In humanitarian situations, children are exposed to additional

health risks, while existing risks are also heightened; at the same time, the ability to respond

to these risks is undermined, as primary health care and infrastructure are compromised,

and health systems are eroded. The main causes of child morbidity and mortality in

emergencies include injury, diarrheal disease, acute respiratory tract infection, pneumonia,

measles, malaria, bacterial infection, and malnutrition.25 The denial of access to

humanitarian assistance can have a significant impact on not only children’s right to health

but also their right to survival and development.

44. In humanitarian situations, children are particularly vulnerable to undernutrition and

micronutrient deficiencies, particularly when they are dependent on others to provide for

their needs. They may also suffer from discriminatory access to food, both within the

household and in the community. In countries where child malnutrition is already a

significant risk factor, even small-scale natural disasters can greatly worsen the health of

affected children.26 Moreover, where families are at risk of, or already suffer from,

malnutrition, the children are more like to leave the household either to seek paid work

(including hazardous labour) or to secure access to food (for example, by entering

alternative care).27

45. Following an emergency situation, States should ensure that preventative and

curative health services are established as a matter of priority, particularly with regard to

illnesses to which children under-5 are most vulnerable, such as pneumonia, diarrhoea,

malaria and malnutrition. In this respect, WHO has developed the Manual for the health

care of children in humanitarian emergencies, a set of guidelines designed to assist in the

assessment and management of children in emergency situations, and that can also be used

in the training of health-care workers. Furthermore, the Global Strategy for Women’s,

Children’s and Adolescents’ Health (2016-2030) recognizes the need to protect the right to

health, including in humanitarian and fragile settings.

46. In addition to providing an efficient and effective response to an emergency

situation, it is also important to build capacity before a crisis arises through risk

assessments and the development of preparedness and response plans. The health impact of

humanitarian situations on children can be substantially reduced if authorities and

communities are well prepared and able to reduce their vulnerabilities.28

47. Safe, age-appropriate water, sanitation and hygiene facilities are vital to ensure

children’s well-being in humanitarian situations. For example, children who do not feel safe

using toilets may resort to risk or harmful behaviours, such as travelling outside of

populated areas to defecate or attempting to eat or drink less so as not to need to go to the

toilet as often.29 It is also important that girls have suitable materials for dealing with

periods, including at schools so that their access to education is not inhibited.30

48. Children require not only physical support, such as food and clean water, but also

psychosocial care to prevent and address fear and trauma arising from the emergency or

humanitarian situations. They are at risk of mental health problems particularly in

humanitarian situations, leading to changes in their behaviour, social relations, emotions

and physical reactions. Changes of these types can be the result of primary stressors (such

as injuries or exposure to violence) or secondary stressors (for example, disruption of the

social fabric of community life, lack of financial support, loss of physical possessions, or

25 World Health Organization (WHO), Manual for the health care of children in humanitarian

emergencies, 2008.

26 Humanitarian Coalition, “Children and Disaster Relief”.

27 Child Protection Working Group, Minimum Standards for Child Protection (see footnote 6), p. 190.

28 WHO, Risk reduction and emergency preparedness: WHO six-year strategy for the health sector and

community capacity development, 2007, p. 9.

29 Child Protection Working Group, Minimum Standards for Child Protection, p. 196.

30 Ibid.

lack of education).31 Without appropriate intervention, such toxic stress can lead to the

development of anxiety, depression or other emotional and behaviour disorders, the impact

of which can continue to undermine children’s long-term well-being, even after the crisis

has passed.32

49. In this regard, a child’s right to play, as described under article 31 of the Convention

on the Rights of the Child, must be emphasized. As the Committee on the Rights of the

Child pointed out in its general comment No. 17 (2013), opportunities for play, recreation

and cultural activity can play a significant therapeutic and rehabilitative role in helping

children to recover a sense of normality and joy after their experience of loss, dislocation

and trauma. It can help them to overcome emotional pain and to regain control of their

lives, restoring a sense of identity, and helping them come to terms with what has happened

to them.

D. Access to education

50. The implementation of the right to education in humanitarian situations, such as

complex emergencies or natural disasters, can be challenging. Nonetheless, education is, as

laid out in articles 28 and 29 of the Convention on the Rights of the Child, a fundamental

right of the child, and can play an essential role during emergencies, because it can

strengthen children’s resilience and protect them from human rights violations. For children

in humanitarian situations, school attendance can act as a preventative measure against

abuse, neglect and violence.

51. When in a safe learning environment, a child is less likely to suffer from sexual

violence and exploitation, hazardous child labour, abduction or recruitment into armed

forces or groups.33 Moreover, in such an environment, children who need assistance can be

identified and supported. Education can strengthen critical survival skills and coping

mechanisms, and enable children to make informed decisions about how to survive and

care for themselves in dangerous environments. It can mitigate the psychosocial impact of

humanitarian situations by providing a sense of normality, routine, stability and structure,

and help children who have experienced trauma to reintegrate into their peer group.

Education in humanitarian situations should be relevant to the needs of children, but also

encourage critical thinking. It should seek to build a culture of safety and resilience,

through the empowerment of children in identifying, analysing and monitoring risks, and

implementing programmes to mitigate them.34 Furthermore, a crisis may provide an

opportunity to teach all members of a community new skills and values: for example, the

importance of inclusive education, participation and tolerance, conflict resolution, human

rights, environmental conservation and disaster prevention.35

52. The Minimum Standards for Education proposed by the Inter-Agency Network for

Education in Emergencies articulate the minimum level of educational quality and access in

emergencies through to recovery and aims at enhancing the quality of educational

preparedness, response and recovery; increasing access to safe and relevant learning

opportunities for all learners, regardless of their age, gender or abilities; and ensuring

accountability and coordination in the provision of education in emergencies through to

recovery.

53. In the context of armed conflict, schools and universities should not be used by

military forces for any purpose in support of their military effort. Educational facilities are,

however, often taken over either partially or entirely to be turned into military bases, used

as detention facilities, for training fighters, or to store and hide weapons and ammunition,

31 Child Protection Working Group, A Matter of Life and Death (see footnote 13), sect. 3.4.

32 Ibid.

33 See UNICEF, Keeping Children Safe in Emergencies, 2016, p. 9.

34 Inter-Agency Network for Education in Emergencies, Minimum Standards for Education:

Preparedness, Response, Recovery, 2010, p. 2.

35 Ibid., p. 3.

and thus deny children their right to education. Using a school for military purposes can

also increase the risk of the recruitment of children by armed forces, or may leave children

vulnerable to sexual abuse or exploitation. For this reason, the Committee on the Rights of

the Child, following its day of general discussion on the right of the right to education in

emergency situations, held on 19 September 2008, urged States to ensure that schools were

protected from military attacks or seizure by militants, or used as centres for recruitment.

To date, 71 States have signed the Safe Schools Declaration, endorsing its accompanying

guidelines.

54. Sustainable Development Goal 4 has the aim of ensuring inclusive and equitable

quality education and promoting lifelong learning opportunities for all, including children

in humanitarian situations. In its submission to OHCHR, Child Rights Connect pointed out

that fulfilling the right of children to be in school and to learning, in compliance with the

Convention on the Rights of the Child and the 2030 Agenda for Sustainable Development,

will help to break the cycle of crises and deliver high economic and social returns. Despite

the recognition that the right to education in emergencies is essential for all children,

education in emergencies continues to be underfunded, receiving less than 2 per cent of

humanitarian funding.36

55. Education also plays an important role in raising awareness and developing skills

that will help children to prepare for humanitarian situations. In its submission to OHCHR,

the Government of Australia drew attention to the Australian Curriculum, which

incorporates education about natural disasters, their causes and effects, and ways to

minimize their impact. Bosnia and Herzegovina, in conjunction with UNICEF, has

implemented a project aimed at strengthening the capacity of teaching staff to work with

children during disasters in order to improve their safety and security, and to train children

and parents in schools to secure their rights in emergencies.

E. Birth registration and data collection

56. Birth registration is an essential tool to protect children in times of emergency. Legal

identity provides a degree of protection for children against the risks of illegal adoption and

other violations. Lack of a legal identity can on the other hand complicate reunification

efforts for separated children, particularly if a child is given a new name. The Birth

Registration in Emergencies Toolkit, developed by Plan International,37 addresses

interventions that promote and improve the access of girls and boys to continuous,

permanent and non-discriminatory birth registration services in humanitarian situations.

The toolkit comprises a step-by-step guide, developed to support the analysis, design and

testing of birth registration interventions before, during and after an emergency for a low

cost. In situations of emergencies, Plan International has worked with countries to build on

and strengthen existing official civil registration and vital statistics systems. This often

requires the establishment of mobile registration units for remote, rural or nomadic

populations, and the decentralization of services, so they are available at the local level.

57. Decision-making in humanitarian situations must be based on evidence from reliable

data, in order to make the best use of resources (A/67/89-E/2012/77, para. 4) The dangers

and threats that children face in humanitarian situations, and patterns of vulnerability and

discrimination, are often not fully understood owing to a failure to collect reliable

information in a timely manner. It is vital that States improve the collection, analysis,

dissemination and use of data and statistics, disaggregated by income, sex, age, race,

ethnicity, migratory status, disability, geographic location and other relevant characteristics,

in order to provide an appropriate response to humanitarian situations. Making data of this

type available to partners and the public can help to drive better decision-making; for

example, the Kenya Open Data Initiative makes public government datasets accessible to

36 See Education Cannot Wait, the situation, at www.educationcannotwait.org/the-situation/.

37 See www.brietoolkit.com.

the public, allowing open access to development, demographic and statistical data that

could be invaluable in a crisis (para. 21).

58. A robust system of birth registration, maintained throughout the emergency

situation, is therefore vital to protect a child’s right to a nationality, in accordance with

article 7 of the Convention on the Rights of the Child, and prevents statelessness. In doing

so, it provides a reliable source of information. Registration documents are needed for

access to humanitarian relief, health care, education and other services, and can be crucial

for family reunification and for establishing a child’s age, which can protect a child from

child labour, early and forced marriage, and premature enlistment in armed forces.

V. International cooperation and the role of the private sector

59. Given the fragility of some States affected by humanitarian situations, international

assistance and cooperation play an important role, particularly in the initial response. The

need for such cooperation is clearly spelled out in both international38 and regional

instruments, and should include cooperation between States, international and regional

organizations, and national and international non-governmental organizations. Nonetheless,

Governments retain the primary responsibility to respond to their citizens, and to be the

lead actor in this regard.

60. The private sector also has an important role to play in responding to humanitarian

situations. The Children’s Rights and Business Principles, developed by UNICEF, the

United Nations Global Compact and Save the Children, set out a framework for businesses

to respect children’s rights, including in the context of emergencies, by avoiding causing or

contributing to the infringement of children’s rights in such situations. They also call upon

businesses to help to protect children whose rights have been affected by supporting

emergency responses and making a positive contribution to peace and development. For

example, following the 2004 Indian Ocean tsunami, businesses provided or mobilized $565

million in humanitarian assistance.39

61. Businesses operating in humanitarian situations can have a positive impact on

children’s rights through responsible and context-sensitive core business operations,

advocacy and public engagement, partnership and collective action. Their engagement in

support of children in humanitarian emergencies can also include business-to-business and

business-humanitarian cooperation. In addition, they can take the lead in encouraging

others – both States and businesses – to act.40 For example, Deutsche Post DHL, in

conjunction with the Office for the Coordination of Humanitarian Affairs, has helped to

develop a database to track in-kind contributions to identify outstanding needs and help to

reduce unsolicited donations in humanitarian situations. The company has also worked with

the United Nations Development Programme and the Governments of Bangladesh,

Indonesia, Lebanon, Nepal and Turkey on “Get airports ready for disasters” projects to

prepare airports to receive incoming relief cargo following a natural disaster (A/67/363,

para. 44).

62. States are not relieved of their obligations under the Convention on the Rights of

the Child and the Optional Protocols thereto when their functions are delegated or

outsourced to a private business or non-profit organization.41 States must require business to

undertake rigorous child rights due diligence and child rights impact assessments. This can

include a requirement to publish actions taken to ensure that companies’ operations do not

contribute to serious violations of children’s rights, and a prohibition on the sale or transfer

38 See for example Convention on the Rights of the Child, arts. 4, 24(4) and 28(3), and Committee on

the Rights of the Child, general comments No. 5 (2003), paras. 60-62, and No. 19, paras. 35-39.

39 See Stephen A. Zyck and Randolph Kent, Humanitarian crises, emergency preparedness and

response: the role of business and the private sector, UKaid, July 2014.

40 UNICEF, Children in Humanitarian Crises (see footnote 2), p. 27.

41 Committee on the Rights of the Child general comment No. 16 (2013).

of arms and other forms of military assistance when the final destination is a country in

which children are known to be, or may potentially be, recruited or used in hostilities.42

VI. Conclusions and recommendations

63. It is fundamental that States, in accordance with international human rights

law and their obligations under international humanitarian and refugee law, give

priority to the rights of children in humanitarian situations.

64. The best interests of the child should be at the forefront of all decision-making

processes, and children empowered to participate in the assessment, design,

implementation and monitoring of humanitarian assistance activities.

65. In this light, the United Nations High Commissioner for Human Rights

recommends that States, in cooperation with international organizations, civil society

and the private sector:

(a) Conduct child-focused planning and assess child protection risks when

making provisions for emergency preparedness, humanitarian response and

assistance;

(b) Ensure that that no child is denied access to humanitarian assistance;

States should also ensure the safety of humanitarian personnel, and that humanitarian

aid can be delivered without impediment;

(c) Promote child-centred innovation, empowering children to be agents of

change and building their resilience through the development of innovative child-

centred participatory approaches; children must be involved in their own protection,

and supported in developing self-protective skills;

(d) Prioritize the prevention of family separation in humanitarian situations,

and ensure prompt family tracing and reunification where it occurs; sufficient

resources should be allocated to family reunification procedures to ensure the

operational capacity to carry out evaluations in a reasonable time frame and to reduce

the overall length of the process. A broad interpretation of family should be adopted,

taking into consideration cultural differences and the best interests of the child;

(e) Mainstream protection from sexual exploitation, child, early and forced

marriage, and violence against children into emergency and humanitarian responses,

and address the underlying factors that make children especially vulnerable to these

practices;

(f) Recognize the need for the psychosocial care of children in humanitarian

situations, to prevent and address fear and trauma and to help to build their

resilience; in particular, where a child has been a victim of violence or exploitation,

durable solutions must be adopted to ensure that the child has access to long-term

care and protection, including full access to health care, psychosocial support, social

services, education, vocational training and life skills education;

(g) Increase and improve the financing for education in emergencies so that

children’s right to have access to quality education is recognized as a critical part of

humanitarian responses. States should also sign the Safe Schools Declaration, and

thereby endorse and follow the Guidelines for Protecting Schools and Universities

from Military Use during Armed Conflict;

(h) Create child-friendly spaces to provide nurturing environments where

children have access to play, recreation, leisure and learning activities, and to help to

restore a sense of normality and continuity;

42 Ibid.

(i) Ensure the collection and availability of disaggregated data before,

during and after humanitarian situations; this must include the establishment of free

and universal birth registration for all children within the State’s jurisdiction,

including in times of emergency.