Innocenti Working Papers
The UNICEF Innocenti Research Centre (IRC) was created to strengthen UNICEF's research capability and to support its advocacy for children worldwide. The Working Papers (formerly Innocenti Occasional Papers), are the foundation of the Centre's research output, underpinning many of the Centre's other publications. These high quality research papers are aimed at an academic and well-informed audience, contributing to ongoing discussion on a wide range of child-related issues.
ISSN (online):
25206796
Language:
English
194
results
121 - 140 of 194 results
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Innovative Features in Conditional Cash Transfers
Authors: Bruno Martorano and Marco SanfilippoPublication Date: February 2012More LessThe Chile Solidario programme is an avant garde conditional cash transfer (CCT) in the Latin American context, introducing innovative features aimed at addressing specifically the multidimensional nature of poverty. This paper, using data from the Panel CASEN Survey for the years 2001 and 2006, presents an impact evaluation of this innovative programme. Using matching techniques to compare participants in the programme with a control group, and a difference-in-difference estimator, its impact on various socio-economic dimensions of well-being is evaluated and results at the household- and child-level are differentiated. At the household level we find that the programme has a significant impact on lifting families out of extreme poverty and that it does not have disincentive effects on labour market participation. For children, we find that the programme has contributed to increasing participation in school for those between the ages of 6 and 15, and to increased enrolment with the public health services.
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Relative Income Poverty Among Children in Rich Countries
Publication Date: January 2012More LessThis paper presents and discusses child relative income poverty statistics for 35 economically advanced countries, representing all the members of the European Union, Australia, Canada, Iceland, Japan, New Zealand, Switzerland and the United States. As most of the data refer to the year 2008, the results partly reflect the initial impact of the global economic crisis as well as government responses. According to the data, Nordic countries and the Netherlands present the lowest child relative poverty levels, while Japan, the United States, most of the Southern European countries and some of the new EU member states have among the highest. Several factors are associated with the risk of poverty, such as demographic composition, educational level of household members, labour conditions, but the extent to which these factors influence the risk of poverty vary considerably across countries. Lastly, in several countries the role of government is found to be highly important in reducing child poverty.
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Children and Accountability for International Crimes
Author: Cecile AptelPublication Date: August 2011More LessThis paper analyses the extent to which international and „mixed‟ or „hybrid‟ criminal courts, in particular the International Criminal Court (ICC), have focused on crimes against children and dealt with children as victims, witnesses and potential offenders. While the earlier international courts -notably the International Military Tribunals of Nuremberg and Tokyo and the United Nations Tribunals for the former Yugoslavia and for Rwanda- referred mainly to crimes against children as part of other atrocities against civilians or against certain ethnic or religious groups, crimes against children are now receiving more focused attention. The paper underlines the major role played recently by international courts, notably the Special Court for Sierra Leone, followed by the ICC, in criminalizing as war crimes the conscription or enlistment of children and their use to participate actively in hostilities. The Special Court was the first to hand down convictions for these crimes. The first cases before the ICC also concern the unlawful recruitment of children or their use in hostilities, bringing these crimes to the fore. The paper emphasizes that despite the significant contributions of international courts to the understanding of how children are being victimized, much more remains to be done to fully document the extent of extreme violence they suffer. The current focus on the recruitment and use of child soldiers should not detract from other child victims and from the need to pursue accountability for other international crimes against children. Time and again, children are killed, tortured, enslaved or raped and are victims of genocide, crimes against humanity and other international crimes falling within the mandate of international courts. Yet the extent to which international and mixed tribunals have recognized and litigated these crimes remains limited. While international courts cannot prosecute each of these crimes, they can and should contribute to identifying the systematic, widespread or endemic patterns of criminality affecting children, whether or not it takes place during conflicts. Regarding children suspected of having participated in crimes, the paper establishes that none has been tried for international crimes by international courts. These courts have not prosecuted children because they are deemed not to be among those bearing the greatest responsibility for the worst crimes. International jurisdictions address the commission of crimes against rather than by children. This paper posits that children who have participated in international crimes should be considered primarily as victims, especially when the circumstances surrounding these crimes are inherently coercive. Yet some forms of acknowledgement, in a protective environment, may in certain circumstances be in the interest of these children and facilitate their rehabilitation and reintegration. Deconstructing the circumstances that led to children‟s involvement in international crimes may enable them, their victims, their families and their communities to better understand the causes, nature and consequences of what happened and how, thus diminishing the stigma attached to the children concerned. After presenting the relevant procedural provisions applicable before international courts, in particular the ICC, when interacting with child victims or witnesses, or with adults testifying about crimes they have experienced as children, the paper offers recommendations concerning specific areas where international practice could be improved. The paper concludes that it is important for children to emerge as a recognized category of victims, because the process acknowledges and empowers them. It is essential to break away from an adult-centric understanding of international crimes and acknowledge that, in numerous contexts, victims and witnesses of international crimes are children, and as children, they have specific rights and specific needs.
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Protecting Vulnerable Families in Central Asia
Author: Franziska GassmannPublication Date: July 2011More LessSince the end of 2007, countries in Central Asia have been struck by two major consecutive shocks: the food and fuel price increase in 2007-08, and the global economic and financial crisis that began at the end of 2008. Households, both poor and not poor, are directly and adversely affected by the crisis. The multi-dimensionality of the crises and the volatile economic environment challenge the ability of vulnerable households to cope and to maintain their living standards. Social protection programmes play an important role in the response to a crisis. This paper provides an overview of the social and economic vulnerabilities of households with children in the five Central Asian countries, and assesses the ability of national social protection systems to address these, with the main focus on the role of non-contributory cash transfers financed from general government revenues. The paper concludes that the existing social cash transfer systems are not effective in addressing the needs of poor and vulnerable children and families in Central Asia. Limited coverage together with limited funding reduces the potential poverty reduction impact of the programmes. The paper discusses potential strategies for improving existing systems by consolidating and protecting government spending, streamlining existing benefits and transfers, improving the identification of beneficiaries and strengthening administration, monitoring and evaluation systems.
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The Breadth of Child Poverty in Europe
Authors: Keetie Roelen and Geranda NottenPublication Date: May 2011More LessMoral, efficiency, and rights-based arguments have sparked widespread acknowledgement in both academic and policy circles that children deserve a special focus in poverty measurement. The European Union (EU) is amongst those bodies that have recognized the need for child-focused indicators in monitoring poverty and social exclusion and is currently in the process of developing, testing and comparing single indicators of child well-being across member states. In this paper we seek to add to this debate by providing a micro-analysis of the breadth of child poverty in the European Union, considering both the degree of overlap and accumulation of deprivations across monetary and multidimensional indicators of poverty. The objective of this paper is to conduct an overlap analysis of child deprivation in the EU to gain insight into the breadth of child poverty and degree of overlap between measures of monetary and multidimensional poverty. Particular attention will be paid to investigate cross-country and cross-domain differences. Using the 2007 wave of the EU-SILC data, we compare the European Union (EU) monetary 'at-risk-of-poverty' indicator to a range of child deprivation indicators at domain level in four EU Member States (Germany, France, the Netherlands and the United Kingdom). Overall, the paper‟s findings provide a strong call for the need to take a multidimensional approach towards the measurement of child poverty in the EU context.
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Monitoring Child Well-Being in the European Union
Authors: Geranda Notten and Keetie RoelenPublication Date: May 2011More LessThe European Union is developing child specific indicators of well-being to complement the Laeken indicators on poverty and social exclusion. Though many child sensitive indicators have been proposed, none of the measures is sensitive to (changes in) cumulative deprivation, i.e. the degree to which a child simultaneously experiences a range of unfavourable conditions. This paper describes and empirically tests a number of candidate measures of cumulative deprivation to monitor child well-being. The ideal measure is sensitive to (changes in) cumulative deprivation and, given its broad use in the policy community, has an intuitive interpretation. Using the 2007 wave of the EU-SILC data, we construct several headcount and adjusted-headcount measures of cumulative deprivation from a set of 13 deprivation indicators for Germany, France, The Netherlands and the United Kingdom. We test the impact of changes in the main methodological decisions: the exclusion of deprivation indicators, changes in the indicator threshold, changes in the cumulative deprivation threshold and changes in the weighting indicators. Our findings indicate that some measures are considerably more sensitive than others. In the context of the search for child-specific indicators, we conclude that headcount and adjusted headcount measures of cumulative deprivation give relevant and complementary insights into child well-being and perform well in sensitivity tests. While the interpretation of headcount measures is somewhat easier, the adjusted-headcount is additionally able to monitor changes in cumulative deprivation and it is less sensitive to changes in the methodology. Within these two broad classes some non-trivial choices must be made and the adjusted-headcount with a cumulative deprivation threshold of one satisfies the evaluation criteria best. The relative measures of cumulative deprivation are problematic: not only are they very sensitive to changes in methodological decisions, but they are also more difficult to interpret. However, to monitor cumulative deprivation of children there is also a need for child specific indicators (rather than household level indicators) over a wider range of well-being domains.
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Institutions, Inequality and Growth
Authors: Richard Bluhm and Adam SzirmaiPublication Date: May 2011More LessThis paper provides a detailed review of selected contributions to the study of the interrelationships between institutions, inequality and economic growth. We focus on the works of Engerman and Sokoloff, and Acemoglu, Johnson and Robinson for the study of long-run growth, as well as Rodrik for bridging the gap from long-run to short-term growth. In addition, we review a wide array of supplementary econometric evidence and criticisms. The emphasis of this review is on identifying differences and commonalities in the underlying theories of economic development, proposed causal mechanisms and econometric specifications. We contrast the findings by using a sources-of-growth framework which distinguishes between ultimate, intermediate and proximate causes of growth, as well as socioeconomic outcomes.
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The Impact of the Food and Financial Crises on Child Mortality
Authors: Giovanni Andrea Cornia, Stefano Rosignoli and Luca TibertiPublication Date: May 2011More LessThe paper analyzes the causes of the decline of the under-5 mortality rate (U5MR) in sub-Saharan Africa over the years 1995-2007 by estimating an aggregate econometric model for a panel of 40 countries. This model is then used to compute the impact of the 2008-09 global economic crisis on child mortality, by comparing the number of child deaths which would have occurred under a „no-crisis counterfactual scenario‟ with those computed under the actual „crisis scenario‟. The results suggest that in sub-Saharan Africa the economic slowdown – and in some countries the negative economic growth – generated by the global crisis caused an additional 27000 child deaths. However, if changes occurring during 2008-09 in other determinants of U5MR are factored in, the number of child deaths declined by 15000 units in relation to the counterfactual scenario. A protective effect on U5MR was played by the surge in food production and the increase of public expenditure and foreign aid to health. The countries most negatively affected by the impact of the crisis were the Sudano-Sahelian and Eastern African ones, while Coastal West Africa and Southern Africa generally experienced a steady decline in child deaths. Starting from the U5MR estimates for 2009, the model is also used to assess what values the determinants of U5MR should take over 2009-2015 in order for the countries of the region to meet the MDG4 target as closely as possible. Finally the paper analyzes the determinants of U5MR inequality by wealth quintiles by making use of both aggregate and DHS data on access to services, family characteristics, income per capita, and other variables.
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Comparing Inequality in the Well-Being of Children in Economically Advanced Countries
Authors: Candace Currie, Dorothy Currie, Leonardo Menchini, Dominic Richardson and Chris RobertsPublication Date: December 2010More LessSocio-economic research on child well-being and the debate around child indicators has evolved quite rapidly in recent decades. An important contribution to this trend is represented by international comparative research based on multi-dimensional child well-being frameworks: most of this research is based on the comparison of average levels of well-being across countries. This paper tries to respond to the complex challenge of going beyond an approach based on averages and proposes a complementary approach to compare inequality in child well-being in economically advanced countries. In particular, it focuses on the disparities at the bottom-end of the child well-being distribution, by comparing the situation of the „median‟ child and the situation of the children at the bottom of the well-being scale for nine indicators of material conditions, education and health. Application of the proposed inequality measures to the data of a group of 24 economically advanced countries, shows that there is a consistent group of countries (in particular European Nordic countries, the Netherlands and Switzerland) which are successful in limiting the levels of bottom-end inequality below the OECD average, while in some countries (in particular Greece, Italy and the United States) children are at a higher risk of being left behind and excluded from the living standards which are normally enjoyed by the majority of their peers.
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The Role of Civil Society in Implementing the General Measures of the Convention on the Rights of the Child
Author: Nevena Vuckovic ŠahovicPublication Date: June 2010More LessThis paper examines the role of civil society in the process of implementing the general measures of the Convention of the Rights of the Child, as defined in article 4 of the Convention and its General Comment No.5 (2003). While it is established in international law that States parties are the primary duty bearers to promote and protect children‟s rights, the Committee on the Rights of the Child has also recognized that other actors, including children, have a right and need to be engaged in this process. An examination of the variety of definitions provided of „civil society‟ reveals that it includes, inter alia, non-governmental organizations (NGOs), community groups, women's groups, environmental movements, faith-based organizations, professional associations, trade unions, self-help groups, social movements, business associations and advocacy groups. Drawing on the author‟s experience in civil society organisations and her membership on the Committee on the Rights of the Child (2003-2009), the findings show that civil society plays an important role in the implementation of the CRC, and that NGOs, in particular, play a vital role. NGOs operate in different legal, economic, social and political settings, which results in varied modalities of work and impacts. The paper draws attention to the wide issues and challenges affecting civil society today, including financial crises, poverty, globalization, and varying levels of political commitment. Based on the examples provided, many of which draw on the concluding observations of the Committee on the Rights of the Child and case studies of civil society activities, the paper lists recommendations for follow-up by key actors. In so doing, this paper seeks to provide concrete recommendations to government, the Committee, and actors at national, regional and international level.
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Transitional Justice and Youth Formerly Associated with Armed Forces and Armed Groups
Authors: T.S. Betancourt and A. EttienPublication Date: June 2010More LessTo support true healing of war-affected populations, including children formerly associated with armed forces and armed groups, transitional justice efforts must attend to the often lasting psychosocial consequences of war in the post-conflict environment. We use key informant and focus group interviews (2002, 2004) to examine the war and post-war experiences of youth, with particular attention to the reintegration experiences of former child soldiers. We found that war-affected youth continued to struggle with a number of issues that thwart their desires and efforts to fulfil their life ambitions, including limited school access, economic instability, social isolation and stigma. Young people were better able to navigate daily stressors when endowed with individual agency and perseverance and surrounded by robust family and community supports. For more troubled youth, social services programmes and formal mental health services set up immediately after the war have not been sustained in Sierra Leone. Voluntary child welfare committees established after the war focused mainly on younger children and largely dissipated with time. Our findings support the need to adopt a broader view of transitional justice to meet the needs of war-affected children and families, particularly former child soldiers. A developmental view of the impact of war experiences on children is needed that includes advocacy for investments in social services to monitor and support healthy family and community reintegration over time. Advocacy pursued under a transitional justice agenda has a role to play in emphasizing the need not just for special courts or truth and reconciliation processes but also for the funding of social services institutions and the development of sustainable health infrastructure, thus helping post-conflict governments to deliver social services to their citizens as part of a strategy to support collective healing and secure peace.
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Transitional Justice and the Situation for Children in Colombia and Peru
Author: Salvador Herencia CarrascoPublication Date: June 2010More LessThis working paper provides an overview of the transitional process in Colombia and Peru, focusing on the situation of children. The adoption of judicial and administrative measures to deal with human rights violations from the past (Peru) and the present (Colombia) is a tool towards the consolidation of democratic institutions. While individual initiatives have been undertaken in both countries, addressing the situation of children in an integrated, comprehensive way is a persistent challenge, as is the exploration of legal tools as a means to demand responsibility.
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Restorative Justice after Mass Violence
Authors: Laura Stovel and Marta ValiñasPublication Date: June 2010More LessThere is growing interest in the role that restorative justice can play in addressing mass atrocities. This paper describes the associated principles and practices within juvenile justice systems and in societies emerging from mass violence. It also examines the meaning, opportunities and limitations of restorative justice in transitional societies, particularly in relation to the needs of young victims and offenders. We argue that procedural forms of restorative justice, involving redress by offenders, face considerable challenges because communities and governments often lack the coercive capacity or will to hold offenders accountable. In contexts where accountability is lacking we argue that pressuring victims to meet with, and forgive, those who harmed them may be inappropriate. Such encounters should only occur where victims see them as necessary to their own healing. Despite the procedural limitations of restorative justice, this perspective (ontology) helps us analyse the route to reconciliation in different conflict contexts and reveals opportunities and challenges for justice and reconciliation in each case. This ontology reveals that intra-communal and inter-communal (ethnic/religious) conflicts have dramatically different justice and reconciliation challenges. In an intra-communal conflict, such as in Sierra Leone, offenders need to reintegrate into communities that they or their factions harmed. The desire to reintegrate into communities that condemn their crimes while accepting them provides opportunities for young offenders to address their crimes. In ethnically divided societies, offenders are often seen as heroes in their communities and may not have to address their crimes until the communities themselves condemn them. This makes restorative justice and reconciliation much more difficult, as communities do not take on the role of promoting accountability for their own members. In such cases, restorative justice efforts must promote social trust between groups. In both intra-communal and inter-communal conflicts, victims are often marginalized by their own communities and receive inadequate assistance. Restorative justice shows us that much can be done to help young victims, and this should become an explicit part of the justice picture. Finally, we argue that traditional justice is not synonymous with restorative justice. While traditional justice is community based and often meaningful to people, many of its forms are retributive; deny a voice to children, youth and other disadvantaged groups; or place community reconciliation above individual justice. Therefore, traditional justice practices should be assessed case by case if they are to be claimed as restorative justice equivalents.
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Psychosocial Support for Children
Author: An MichelsPublication Date: June 2010More LessThis paper reviews and analyses psychosocial support as an essential tool for protection of the rights of children participating in transitional justice mechanisms. Strategies for offering psychosocial support to children involved in transitional justice mechanisms can cover a wide range of interventions. Experiences show that the availability of psychosocial support in combination with effective protection strategies allow children to participate safely, improve the quality of their testimony and protect them against potential harm caused by their participation. The paper first looks at psychosocial factors that affect children‟s participation in transitional justice mechanisms. These factors largely determine children‟s need for protection and support and can reflect children‟s responses to their involvement in transitional justice processes. A distinction has to be made between psychosocial factors related to the child and his or her experiences during the conflict on the one side, and factors determined by the type of transitional mechanism on the other. Children‟s participation in transitional justice processes is influenced significantly by their personal experiences during the conflict; cognitive, social and emotional development; coping skills and social support. These factors influence children‟s capacity to give an accurate statement, cope with the stress of testifying, be confronted with the accused and deal with cross-examination. These have important implications for the choice of support strategies. While all children are affected by armed conflict, some are particularly vulnerable, including children who were direct victims of violence, children associated with armed forces or groups, victims of sexual violence or those who have very limited support in the current situation. The nature of the transitional justice mechanism determines children‟s role in the process, in terms of whether they give a statement, testify in court, participate in a hearing, make a submission or are cross-examined. These characteristics also influence the consequences of children‟s involvement, including possible threats to which they will be exposed. In judicial mechanisms such as international or hybrid tribunals, witnesses are mainly considered providers of evidence, and their involvement is very much shaped by strict rules of procedure and evidence. The adversarial system, common in many of these mechanisms, also puts a heavy burden on witnesses, particularly children. At the same time, international or hybrid tribunals usually have significantly more resources to set up support mechanisms and to establish protective measures for witnesses. Non-judicial mechanisms, in particular truth commissions, can tailor their procedures more easily to meet the needs and capacities of children. Children‟s participation can also take different forms and include innovative forms such as special hearings or submissions by children‟s groups. In addition, the absence of punitive elements and an adversarial process reduces the burden on witnesses and the potential threat against them. However, these mechanisms often lack the resources and mandate to ensure support and protection for children who participate. Second, this paper summarizes the legal framework guiding psychosocial support and protection of children in justice, truth and reconciliation processes. The Convention on the Rights of the Child forms the backbone of the legal framework for the protection and support of children in transitional justice mechanisms. Other instruments relevant for child victims and witnesses include the 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, which outlines benchmarks for the protection of victims of crime, and the UN Guidelines on Justice in Matters involving Child Victims and Witnesses. Further, this paper analyses the strengths and weaknesses of past and current policies and procedures regulating the psychosocial support of children. Throughout the short history of transitional justice mechanisms psychosocial support for witnesses has developed in response to the growing involvement of child victims. The Special Court for Sierra Leone, the International Criminal Court and the truth commissions in Sierra Leone and in Liberia have put in place a variety of measures to protect the rights of child victims and witnesses participating in procedures. The following measures are discussed in the article: Integration of provisions for protection and support into the regulatory framework of transitional justice mechanisms; Selection of specialized staff and adequate training of all staff on issues related to dealing with child witnesses; Vulnerability assessment of potential child witnesses; Individual support and counselling before, during and after testimony; Establishment of protective measures before, during and after testimony; Long-term support and referral; Involvement of the community in support strategies and the use of local approaches to healing. Based on these experiences, a number of challenges are presented related to the involvement of children in transitional justice mechanisms, including the need to balance the right to participation and the right to protection. The paper looks as well at the discrepancy between the resources made available for different justice mechanisms and the possibilities for child participation that they can offer. Also discussed is the necessity to manage expectations of victims and witnesses involved in transitional justice mechanisms. The paper concludes with a number of recommendations for enhancing the protection of children in transitional justice mechanisms.
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Prosecuting International Crimes Against Children
Author: Christine BakkerPublication Date: June 2010More LessStates in post-conflict situations are faced with extremely difficult choices as they try to find the right balance between judicial and non-judicial means to improve accountability for crimes committed during the conflict and to contribute to national reconciliation. These choices are made on the basis of the specific circumstances of each state. Nevertheless, due consideration should be given to the duties imposed on states by international law. This paper presents a short overview of the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children. It also reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves – for example, as child soldiers – and identifies some outstanding questions regarding their criminal responsibility for such acts. Children are widely affected by atrocities as victims and have been specifically targeted for some international crimes. The recruitment of children for participation in an armed conflict is one of the most frequent and egregious violations targeting children. It is prohibited under several international conventions. The Special Court for Sierra Leone established that such recruitment below the age of 15 years is also a crime under customary international law. The Rome Statute for the International Criminal Court also recognizes criminal responsibility for under-age recruitment. This paper examines the implications of these developments and addresses some questions raised in the Lubanga and Katanga cases before the International Criminal Court. The fact that the very first cases to be tried by that court concern the recruitment of child soldiers or the use of children to actively participate in hostilities underscores both the seriousness of these crimes and the international priority to try to punish their perpetrators. Analysis of these recent developments and the evolving norms of international law and state practice show that states have a duty to prosecute persons accused of having committed international crimes if these acts occurred within their own territory. The obligations to prosecute alleged perpetrators of international crimes committed abroad, based on the principles of active or passive nationality or universal jurisdiction, vary from one crime to the other. At the same time, states often adopt amnesty laws that preclude prosecution for crimes committed during a conflict. This paper examines the permissibility of amnesties under international law, distinguishing between different types of amnesties used by states (e.g. „self-amnesties‟ and amnesties as part of a peace agreement). It concludes that no firmly established rule of international law expressly prohibits states from granting amnesties. However, according to a recent trend in national and international jurisprudence, amnesties for international crimes and serious human rights violations are increasingly being condemned. Moreover, a trend has emerged over the last 10 years of excluding application of amnesties to genocide, war crimes and crimes against humanity. This paper argues that states should reinforce these trends and refrain from adopting amnesties, in particular for crimes against children such as their recruitment in armed forces or groups. This will in turn reinforce state practice and may improve accountability and respect for the rule of law. The paper thus focuses on how international law regulates the prosecution of adults accused of crimes against children. It acknowledges that international norms are also evolving with regard to children, including child soldiers, who are accused of having participated in the commission of international crimes themselves. There is a consensus among states that these children should be considered primarily as victims, because they are often illegally recruited and they bear only limited, if any, responsibility if they commit such serious crimes. The paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It highlights some unresolved questions and points for discussion on this issue which, in a sense, represents „the other side of the coin‟ of the main topic of this paper.
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Genetic Tracing, Disappeared Children and Justice
Authors: Michele Harvey-Blankenship, Phuong N. Pham and Rachel ShigekanePublication Date: June 2010More LessThe last several decades have witnessed a dramatic change in the methods of warfare. Civilians are now increasingly targets of violence, not just mere victims of collateral damage. Among civilians targeted, children and youth are subject to acts of violence, including enforced disappearances and enforced conscription. Children have been forcibly disappeared and forcibly conscripted in many countries including Argentina, El Salvador and northern Uganda. This paper focuses on the use or potential use of deoxyribonucleic acid (DNA) or genetic testing to identify disappeared children (otherwise referred to as genetic tracing) in Argentina, El Salvador and northern Uganda and on how this evidence may be used to achieve justice. Identification of the disappeared, family reunification, support for the disappeared and redress for families of the disappeared have been identified as crucial to achieving justice in the wake of mass atrocities.1 Genetic tracing has proved to be an exceptionally powerful tool to identify disappeared children, facilitate family reunification and seek accountability in countries such as Argentina and El Salvador. It could likewise play a crucial role in regions such as northern Uganda that are on the verge of emerging from armed conflict and will face similar post-conflict challenges.
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Child Victims of Torture and Cruel, Inhuman or Degrading Treatment
Authors: Dan O’Donnell and Norberto LiwskiPublication Date: June 2010More LessThis paper addresses the legal framework and medical and psychological impacts of torture on children. Part One, Legal Framework, begins by showing the three characteristics that legally distinguish torture from child abuse, by definition: Torture is committed by an agent of the state or someone acting with the encouragement or acquiescence of the state. Torture is committed for the purpose of obtaining information or a confession; to intimidate, coerce or punish the immediate victim or a third person; or as part of discrimination. Torture must cause severe pain or suffering. Because of these differences, torture should be treated differently to child abuse, in particular with regard to law enforcement. The fact that torture is committed by a representative of the state justifies a stronger response. That it involves severe pain or suffering is another reason that the response must be proportionate. International law prohibits both torture and „cruel, inhuman or degrading treatment‟, although the distinction between them is not clearly defined. When the victim is a child, his or her greater vulnerability must be taken into account in determining whether the acts inflicted constitute torture or cruel, inhuman or degrading treatment, according to jurisprudence of international courts and other bodies. The obligations of states regarding torture are different from those regarding child abuse. Under international law suspected torturers must be prosecuted, and if they are convicted, the sentence must reflect the gravity of the crime. In contrast, prosecution is not always the most appropriate response to child abuse, especially when it takes place in the home. Most states have accepted an obligation to cooperate with one another in investigating and prosecuting torture, and to prosecute any torturer found in their territory, regardless of where the crime took place. No similar obligation exists with regard to child abuse. The torture of children occurs in different contexts, including police operations against children seen as a threat to public order or safety; children confined in prisons or detention facilities; and children seen as linked to subversive groups, including the children of militants States have special obligations under international humanitarian law when torture or inhuman treatment are committed during armed conflict or foreign occupation. They must search for and extradite or prosecute persons alleged to have committed such “grave breaches” of humanitarian law. Individuals also may be prosecuted before the International Criminal Court for torture or cruel or degrading treatment committed during armed conflict. The obligation to bring torturers to justice in order to prevent impunity must be reconciled with the right of child victims to psychological recovery and the principle that the best interests of the child must be a primary concern in all decisions and proceedings that affect children. The United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crimes can help reconcile these concerns. They provide that victims should be treated in a caring and sensitive manner that takes into account their personal situation and needs, and respects their physical, mental and moral integrity; that interviews and examinations should be conducted by trained professionals; and that all interactions should be conducted in a child-sensitive manner in a suitable environment. Part Two of the working paper addresses the medical and psychological impacts. States have an inescapable responsibility not only to prevent torture and punish torturers but also to assist the victims. These duties have special implications for health professionals. Yet the torture of children has low visibility and recognition among health workers. Methods of torture range from the most brutally traditional to complex, sophisticated modern methods. Some do not cause perceptible physical injuries, and some are intended to cause psychological harm. The method used, however, is of limited relevance to diagnosis and identification of appropriate strategies for recovery. It is necessary to analyses the damage caused by the torture holistically, from a physical-psychosocial viewpoint and in relation to the processes of growth, development, maturing and social integration, or „building citizenship‟. It is an unfortunate fact that health workers may also be involved in torture. States must lay down strict rules and standards to prevent and deter torture. Civil society, including professional associations, must establish codes of conduct that reinforce the seriousness of involvement in acts of torture against children and to ensure appropriate training for professionals to ensure preventive intervention, assistance and rehabilitation, in accordance with the needs and best interests of the child. The 1999 Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Istanbul Protocol) establishes invaluable guidelines for the documentation and investigation of alleged cases of torture and ill-treatment, as well as ethical standards for health professionals.
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Children, Education and Reconciliation
Author: Alan SmithPublication Date: June 2010More LessThis paper examines truth and reconciliation commissions that have made reference to a longer-term role for education in coming to terms with the past and contributing towards future reconciliation. The countries reviewed are Guatemala, Liberia, Peru, Sierra Leone, South Africa and Timor-Leste. Some have developed strategies for children‟s participation and made recommendations for inclusion in the formal school curriculum. However, recommendations regarding a role for education have usually been very general in nature, with little specification of what is expected of educators in practical terms and little follow-through by education authorities. The paper therefore identifies a number of challenges if education is to have a role in truth and reconciliation. It also identifies potential areas for educational development and recommendations for future actions.
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Children and Security Sector Reform in Post-Conflict Peace-Building
Author: David NosworthyPublication Date: June 2010More LessThe restoration of justice and security is a priority of post-conflict peace-building, but children and youth – two groups especially affected by armed conflict – rarely receive consideration in this process. This paper considers how reform of the security sector can contribute to making security provision more relevant to the concerns of young people and more reflective of their needs and aspirations. Security sector reform and transitional justice have been recognized as central elements of post-conflict peace-building, and engaging children constructively in these processes will assist in successfully establishing long-term stability. The central role of civil society receives particular attention. The paper concludes with policy recommendations aimed at assisting decision-makers to integrate the security concerns and expectations of children into programme responses.
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Children and Reparation
Authors: Dyan Mazurana and Khristopher CarlsonPublication Date: June 2010More LessThis paper is among the first to analyse children‟s experiences of reparations programmes, taking into consideration programmes from Africa, Asia and Latin America. The violence, abuse and hardship that girls and boys suffer during armed conflict and political violence under authoritarian and dictatorial regimes continues to severely affect their development long after the end of war or demise of the violent regime. They experience violations of their civil, political, social, economic and cultural rights, including the rights to life, freedom of movement and association, education, health and family, which embraces the right to knowing and being cared for by their parents. Their rights to development and to a safe and healthy environment are also violated. It is not possible to fully repair children who have experienced such harms. Nonetheless, girls and boys have a right to remedy and reparation under international law – to benefit from reparation in material, symbolic, individual and collective forms. This working paper draws from reparation as conceived in the United Nations Resolution on Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (2005). It offers a concise overview of trends in reparation programmes set up to address situations of armed conflict and under authoritarian and dictatorial regimes where children are subjected to systematic forms of grave violence. The authors demonstrate the failure to name and address grave rights violations against children in www.unicef-irc.org. past reparations programmes and efforts, much to the detriment of surviving children. The authors argue that at the heart of much of the violence against children in situations of armed conflict is the terrible damage done to relationships and social fabric among individuals, communities, societies and cultures. Recognizing the need to address the healing of relationships and reweaving of social fabric, in part through reparation, the paper offers suggestions for reparation approaches that could lead to better informing and shaping reparation responses for child victims.
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