Abuse of Children by Non-State Actors
The Advisory Council notes the disturbing trend towards the use of children in terrorist acts
and the related indoctrination of children through propaganda and coercion. This is a breach
of the CRC, albeit one carried out by a non-State party.45 The Advisory Council of Jurists
condemns the use of children in this manner.
States should ensure that they take all measures possible to stop this practice and to provide
for the social recovery and reintegration of any children who have been involved in terrorist
acts or terrorist organisations. These children have a right to their childhood.
(v) The safeguards to be followed in the event of imprisonment or detention of a person
in accordance with international law (e.g., access to lawyers and consular assistance)
SUMMARY OF ANSWERS
•
Every person detained is entitled to be treated with humanity and with respect for the
inherent dignity of the human person.
•
In particular, in addition to effective judicial review of detention and due process rights,
the following safeguards apply to all persons detained or imprisoned:
o The right to be free from torture;
o Humane and appropriate conditions of incarceration;
o Notification of and access to family;
o Immediate access to legal counsel;
o Consular assistance; and
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In times of armed conflict, we note the Optional Protocol to the CRC on the involvement of children in armed
conflicts (GA Res 54/263, Annex I, 54 UN GAOR Supp (No. 49) at 7, UN Doc A/54/49, Vol. III (2000),
entered into force 12 February, 2002). We also note here the Convention concerning the Prohibition and
Immediate Action for the Elimination of the Worst Forms of Child Labour (ILO No. 182), 38 ILM.1207 (1999),
entered into force 19 November, 2000. In Art 3 it includes, in the term “the worst forms of child labour”, the
forced or compulsory recruitment of children for use in armed conflict, and work “which, by its nature or the
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