OUTLINE THE ISSUE
‘Child Soldiers’ has been a long-standing global human rights issue, which contravenes both domestic and international law. Recently, Child soldiers have been received as a form of contemporary slavery. This has multiple forms including forced labour under the threat of violence and human trafficking. Thus, it is arguable that Child Soldiers is a human rights issue that affects the global community.
IDENTIFY ANY DOMESTIC/ INTERNATIONAL LAWS
• Article 25 of the Universal Declaration of Human Rights states “Motherhood and childhood are entitled to special care and assistance. All Children whether born in or out of wedlock, shall enjoy the same social protection” . Article 25 arguably establishes the basis for rights to Children. …show more content…
182) describes the worst child labour to be “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict”
• The Rome Statute Of The International Criminal Court defines war crimes and states in Article 8 (2)(b)(xxvi) “conscripting or enlisting children under the age of fifteen years into national armed forces or using them to participate actively in hostilities” . Uganda has been breaching this law for over 40 years; where rebel soldiers, from the Lord Resistance Army (LRA), abduct children under the age of 15 to fight with them in armed warfare.
• The Constitution Of Uganda 1995 in Article 17 states that every citizen must “Protect children and vulnerable persons against any form of abuse, harassment or ill-treatment” , the constitution also states in Article 34 that all children under 16 “are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development” .
LEGAL AND NON-LEGAL …show more content…
182); The International Labour Organization (ILO) endorsed this convention in 1999 and it has been ratified in 179 countries. If this convention is violated by one of the countries that have ratified it, a complaint may be submitted to ILO by another country that has this convention ratified. Once this complaint is submitted, the governing body (executive body of the ILO) may arrange a commission of inquiry, that is, 3 members of the governing body will carry out a full investigation of the complaint, after the investigation has taken place the three members then hand down recommendations to the violating country. Since this convention has been ratified has been ratified in 179 countries, it would be expected that the use of child soldiers would be uncommon. However according to Child Soldiers International, 19 countries were still recruiting child soldiers as of 2011, of these 19 countries, 17 had ratified the convention. Therefore it can be seen that the Convention has arguably been effective in abolishing the use of child soldiers
‘Child Soldiers’ has been a long-standing global human rights issue, which contravenes both domestic and international law. Recently, Child soldiers have been received as a form of contemporary slavery. This has multiple forms including forced labour under the threat of violence and human trafficking. Thus, it is arguable that Child Soldiers is a human rights issue that affects the global community.
IDENTIFY ANY DOMESTIC/ INTERNATIONAL LAWS
• Article 25 of the Universal Declaration of Human Rights states “Motherhood and childhood are entitled to special care and assistance. All Children whether born in or out of wedlock, shall enjoy the same social protection” . Article 25 arguably establishes the basis for rights to Children. …show more content…
182) describes the worst child labour to be “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict”
• The Rome Statute Of The International Criminal Court defines war crimes and states in Article 8 (2)(b)(xxvi) “conscripting or enlisting children under the age of fifteen years into national armed forces or using them to participate actively in hostilities” . Uganda has been breaching this law for over 40 years; where rebel soldiers, from the Lord Resistance Army (LRA), abduct children under the age of 15 to fight with them in armed warfare.
• The Constitution Of Uganda 1995 in Article 17 states that every citizen must “Protect children and vulnerable persons against any form of abuse, harassment or ill-treatment” , the constitution also states in Article 34 that all children under 16 “are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development” .
LEGAL AND NON-LEGAL …show more content…
182); The International Labour Organization (ILO) endorsed this convention in 1999 and it has been ratified in 179 countries. If this convention is violated by one of the countries that have ratified it, a complaint may be submitted to ILO by another country that has this convention ratified. Once this complaint is submitted, the governing body (executive body of the ILO) may arrange a commission of inquiry, that is, 3 members of the governing body will carry out a full investigation of the complaint, after the investigation has taken place the three members then hand down recommendations to the violating country. Since this convention has been ratified has been ratified in 179 countries, it would be expected that the use of child soldiers would be uncommon. However according to Child Soldiers International, 19 countries were still recruiting child soldiers as of 2011, of these 19 countries, 17 had ratified the convention. Therefore it can be seen that the Convention has arguably been effective in abolishing the use of child soldiers