Public Law Studies Quarterly

The Protection of the Rights of Children with Disabilities in Armed Conflict

Document Type : Article

Authors

Ahmad Momenirad 1
Jeyran Asemi 2

1 Associate Prof., Public Law Department, faculty of law and Political science, University of Tehran, Tehran, Iran

2 Ph.D. Student in International Law, University of Tehran, Tehran, Iran

https://doi.org/10.22059/jplsq.2022.344879.3114
Abstract
Separation from the family, deprivation from education, lack of access to nutrition, health, treatment, and humanitarian aid are examples of the dangers to disabled children during an armed conflict. The legal status of children with disabilities - who are considered to be the most vulnerable minorities during armed conflict due to their special circumstances – is an important issue in international humanitarian law in recent years. The present study seeks to answer the question: what are the rights of these children in armed conflict and how to ensure them? Our assumption is that by relying on relevant human-rights and humanitarian instruments in this area and the practical actions taken by the international community, the rights of these children is moving in a direction that puts them on an equal footing with others in terms of general humanitarian protection and prioritizes them in benefiting from the humanitarian aids.

Keywords

armed conflicts
humanitarian law
human rights law
rights of child
rights of children with disabilities
Subjects

  1. English

    1. A) Books
    2. Gill, M., & Schuld-Vials, C. (2010). Disability, Humanitarians, and the Limits of Humanitarianism. Abingdon: Routledge.
    3. Heymamn, J., Sprague, A., & Rub, A. (2020). Advancing Equality. California: University of California Press.
    4. Parikh, C. (2017). Writing Human Rights: The Political Imaginaries of Writers of Color. London: University of Minnesota Press.

     

    1. B) Articles
    2. Black, C. (2017). Defying Double Discrimination. The Jobs Hopkins University Press, 8(1), 95-104.
    3. Breen, Cl. (2003).The Role of NGOs in the Formulation and Compliance with Optional Protocol to the Convention of the Rights of Child on Involvement of Children in Armed Conflicts. Human Rights Quarterly, 25(2), 453-481.
    4. Kothari, J. (2010). The UN Convention on the Rights of Persons with Disabilities: An Engine for law Reform in India. Economic and Political Weekly, 45(18), 66-72.
    5. Peek, L., & Stough, L. M. (2010). Children with Disabilities in the Context of Disaster: A Social Vulnerability Perspective. Willy, 181(4), 1260-1270.
    6. Priddy, A. (2021). Military Briefing: Persons with Disabilities and Armed Conflicts. general Academy of International Humanitarian law and Human Rights.
    7. Rosental, E. (2021). The promise of the UN Convention on the Rights of Persons with Disabilities to Protect all Children. International Journal of Disability and Social Justice, 1(1), 95-117.
    8. UNICEF (2021). Children with Disabilities in Situation of Armed Conflicts: Discussion Paper. UNICEF.org/disabilities

     

    1. C) Documents
    2. Diplomatic Conference on the Reaffirmation and Development of International Humanitarian law Applicable in Armed Conflicts, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the protection of the Victims of International Conflicts (Protocol 1),1977.
    3. Diplomatic Conference on the Reaffirmation and Development of International Humanitarian law Applicable in Armed Conflicts, Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of the Victims of Non-International Conflicts (Protocol II),1977.
    4. General assembly, A/76/146, Report of the Special Rapporteur on the Rights of Persons with Disabilities, 76th Session, Note by Secretary General: Rights of Persons with Disabilities, 2021.
    5. International Committee of the Red Cros (ICRC), Geneva Convention Relative to the Protection of Civilian Persons in Time of War (The 4th Convention), 1949,
    6. International Committee of the Red Cros (ICRC), Geneva Convention Relative to the Treatment of Prisoners of War (The 3rd Geneva Convention), 1949.
    7. International Committee of the Red Cross (ICRC), Customary International Humanitarian Law, 2005.
    8. Office of the Representative of the Secretary General for Children and Armed Conflicts, Study of the Evolution of the Children and Armed Conflicts Mandate 1996-2021, United Nations, 2022.
    9. Security Council, S/2019/674, Report of Secretary General, Implementation of SecurityCouncilResolution2139(2014),2165(2014),2165(2014),2191(2014),2258(2015),2332(2016),2393(2017), 2401(2018), and 2449(2018).
    10. UN General Assembly, Rome Status of the International Criminal Court, 1988.
    11. UN General Assembly, United Nations Disability Inclusion Strategy, 2019.
    12. UNICEF, Guidance on Including Children with Disabilities in HumanitarianAction,2017.http://training.UNICEF.org/disability/indea.html
    13. United Nations, Convention on the Rights of Child, Treaty series 1577, 1989.
    14. United Nations, Security Council, Resolution 1539(2004), S/RES/ 1539, 2004.
    15. United Nations, Security Council, Resolution 1998(2011), S/RES/1998, 2011.
    16. United Nations, Security Council, Resolution 2225(2015), S/ Res/ 2225, 2015.
    17. United Nations, Security Council, Resolution 2475(2019), S/RES/2475, 56th Meeting, 2019.
    18. United Nations, Security Council, Resolution 2601(2021), S/RES/2601, 2021.
    19. United nations, UN General Assembly, Convention on the Rights of Persons with Disabilities, 2006.
    20. World Health Organization, Promoting Rights and Community Living for Children with Psychosocial Disabilities, 2015.
    21. World Health Organization, World Report on Disability, 2011.
    22. World Humanitarian Summit, Charter on Inclusion of Persons with Disabilities in Humanitarian Action, 2016. http://humanitariandisabilitycharter.org

     

     

    References in Persian:

    1. A) Books
    2. Ziaei Begdeli, M. R. (2016). International Humanitarian Law. Tehran: Ganje Danesh Publications (In Persian).

     

    1. B) Articles
    2. Tavassoli Naini, M., Tabatabaie, M., & Jagiri, R. (2020). Study of Social Rights and Rehabilitation of Children with Disabilities in International Instruments and Iranian Laws. Child Rights Journal, 4, 61-83 (In Persian).
    3. Ramazani Ghavamabadi, M. (2011). The Protection of Disabled People in the International Law. Refah Journal, 41, 307-442 (In Persian).
    4. Morovat, M. (2015). Children's Rights in Armed Conflicts. Public Law Quarterly, 18, 139-171 (In Persian).
    5. Nasr Esfahani, A.(2008). Protection of the Rights of the Disabled People within the framework of the Convention on Persons with Disabilities. Isfahan Bar Association Newsletter, 33 (In Persian).
Public Law Studies Quarterly
Volume 54, Issue 3
Autumn 2024
Autumn 2024
Pages 1603-1620

  • Receive Date 22 June 2022
  • Revise Date 27 July 2022
  • Accept Date 24 October 2022

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