The CRC Framework
Contents-
The CRC Framework
- Convention on the Rights of the Child (CRC)
- Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC)
- Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC)
- Optional Protocol to the Convention on the Rights of the Child on a communications procedure (OPIC)
- Committee on the Rights of the Child (CRC Committee)
- Wider Framework for Children’s Rights
- Key elements of a Children's Rights Based Approach to legislative reform
- The legal context for implementation of international law
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC)
Background on OPAC
The OPAC is an optional protocol to the CRC that creates standards in relation to children’s involvement in armed conflict.
Adoption by the UN General Assembly: 2000; Entry into force: 2002.
OPAC sets the following standards:
- 18 years old as the minimum age for taking direct part in hostilities (article 1) and prohibition of compulsory recruitment in armed forces (article 2).
- Voluntary recruitment into armed forces is possible for those aged 16 or over, but with specific safeguards (article 3).
- All feasible measures should be taken by States Parties to prevent the recruitment and use of children by armed groups (distinct from the armed forces of a State) (article 4).
The OPAC and legislative reform
States Parties to the OPAC are expected to incorporate these standards in their legislation.
States Parties should compare their legislation with the highest standard they have ratified, in line with article 41 CRC.
- Article 38 CRC sets 15 years old as the minimum age for taking direct part in hostilities, while article 1 OPAC sets the age of 18 years.
- States that have ratified both instruments should follow the higher standard set by the OPAC and set 18 years as the minimum age for taking direct part in hostilities and for compulsory recruitment in armed forces.
E.g.: In South Africa, article 28(1)(i) of the Constitution provides that “every child has the right not to be used directly in armed conflict, and to be protected in times of armed conflict.”
E.g.: Cambodia has also integrated a provision on children in armed conflict within its Constitution, by stipulating their protection during wartime (article 48 Constitution). Other constitutional provisions, such as those that deal with abuse, exploitation, neglect, detention and the best interests of the child, may also be used as references for the protection and prevention of the use of children in armed conflict.