Published by: Rishu Ranjan

College: Asian Law College

Introduction

Child soldiers are one of the most distressing realities in contemporary warfare. These young individuals, often forced or coerced into armed conflicts, suffer severe physical and psychological consequences. To
ensure their well-being and safeguard their rights, it is crucial to understand the legal framework surrounding child soldier protection and the measures taken by states to prevent the violation of these rights.

UNDERSTANDING THE RIGHTS OF CHILDREN

The Convention on the Rights of the Child One fundamental pillar for protecting child soldiers is the convention on the rights of the child, our universally recognised legal instrument. Enshrined within these
treaty are the rights of children, which include but are not limited to the rights of life, survival, education and
protection from armed conflict.

Non Discrimination and Best Interest of the Child Non discrimination is a key principle underpinning child
rights. Regardless of their ethnicity, gender, social or economic background, all children are entitled to the same protection under the law. Additionally, the best interest of the child should always be the primary consideration when addressing their specific needs and vulnerabilities.

Child Soldier- Related Laws and International

Agreements
Numerous laws and international agreements specifically address child soldiers and their protection. The optional protocol to the CRC on the involvement of children in armed conflict, for instance, sets the minimum age for voluntary recruitment at 18 and prohibits the recruitment of children under the age of 15. Moreover,
the Rome Statute of the International Criminal Court designates the conscription, enlistment, or use of child
soldiers under the age of 15 as a war crime.

STATE MEASURES TO PROTECT CHILD SOLDIERS

Ratifying International Treaties

State please a crucial role in protecting child soldiers by ratifying and implementing international treaties and
legal frameworks. By becoming party to international agreements such as the OPAC, states commit to ensuring the protection and care of children affected by armed conflicts.

Establishing Legal Safeguards

To protect child soldiers effectively, states need to develop comprehensive legal safeguards. These
safeguards should include laws and policies that prohibit the recruitment, use, and exploitation of children in armed conflict. Furthermore, a states should enact measures that criminalise such actions and establish
severe penalties for perpetrators. Strengthening National Institutions Robust national institution are essential for safeguarding the rights of child soldiers. A states must establish A specialised agencies responsible for monitoring, reporting and addressing human rights violations against children, particularly in the context of armed conflict. These institutions should work collaboratively with internal organisations and NGO’s to ensure accountability and support for affected children.

Rehabilitation and Reintegration Programs

The reintegration of former child soldiers into society is vital for their recovery and successful transition to civilian life. States must invest in robust rehabilitation programme that addressed the that recovery and
successful transition to civilian life. States must invest in robust rehabilitation programmes that address the
physical, psychological and social needs of these children. Such programmes should provide access to education, health care, vocational training, and psycho social support, enabling them to regain their rights and contribute positively to their communities. International Cooperation Collaboration between states, international organisations and civil society is crucial in protecting child soldiers. Through sharing resources, expertise and best practises, parties can collectively strengthen efforts to prevent child recruitment, advocate for accountability and ensure the provision of adequate support for affected children.

Conclusion

Protecting child soldiers require a multi dimensional approach that encompasses both legal frameworks and a state action. By recognising and upholding the rights of children, ratifying international treaties, establishing legal safeguards, a strengthening national institutions and implementing comprehensive rehabilitation programmes, a states can contribute significantly to the protection and bell wing of child soldiers. International cooperation further enhances these efforts, emphasising the global commitment to ending the recruitment and exploitation of children in armed conflict. Only through collective action can we create a world where children are shielded from the horrors of war and given the chance to thrive
free from violence and exploitation.