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Postavení a rehabilitace dětských vojáků: případová studie Barmy
Kolocová, Tereza
Despite progress in the protection of human rights, child soldiers continue to be a problem in many countries around the world. One of the worst cases of child recruitment occurs in Burma, where this phenomenon has been ongoing for four decades, and children are recruited into both the official army Tatmadaw and ethnic armed groups. The bachelor thesis focuses on the issue of child soldiers within the Burmese Tatmadaw armed forces from 1989 to the present day and examines the potential for their rehabilitation. Using established methods of disarmament, demobilization, and rehabilitation of former African child soldiers, the thesis identifies the barriers to the successful rehabilitation of former child soldiers. The analysis demonstrates that the obstacles to successful rehabilitation are the Burmese authorities, who have long ignored the problem of child soldiers and restricted access to organizations that could provide assistance, as well as inadequate education and healthcare services, and the ongoing armed conflict. Disarmament, demobilization, and reintegration programs (DDR) that have helped rehabilitate former child soldiers worldwide could only be successful in Burma if the government were willing to collaborate with international organizations on the process of implementation. However, it has not happened yet.
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The international law position of child soldiers
Vrba, Jan ; Hýbnerová, Stanislava (advisor) ; Balaš, Vladimír (referee)
This work is devoted to international law, particularly humanitarian law and human rights with emphasis on international legal instruments governing the position of children serving in the armed forces. In this work are discussed various international conventions, as well as mechanisms for the protection of child soldiers. The first chapter defines the position of child soldiers and the specifics of their involvement in military conflicts. The decisive criteria for the involvement of children in government armed forces or non-state army is age. Furthermore there is described into more details the mechanism of conscription into the army. There is difference between voluntary and forced recruitment of child soldiers. The various international legal instruments are analyzed more in detail in chapter two. The issue of Child soldiers is addressed with both the rules of humanitarian law, specifically the Additional Protocols to the Geneva Conventions and Human rights conventions. Special attention is paid to the Convention on the Rights of the Child and its Optional Protocol on the Involvement of Children in Armed Conflict. Analyzed is the only regional convention addressing the problem of child soldiers -the African Charter on the Rights and Welfare of the Child. The issue of child recruitment is also...
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A child in an armed conflict in the light of Art. 38 of the Convention on the Rights of the Child
Kučerová, Kateřina ; Balaš, Vladimír (advisor) ; Ondřej, Jan (referee)
A Child in an Armed Conflict in the Light of Article 38 of the Convention on the Rights of the Child The thesis aims to transparently elaborate the topic of protection of children in armed conflicts pursuant to the Article 38 of the Convention on the Rights of the Child as well as identification of the main problems associated with the topic and efforts to suggest their solutions. The thesis also focuses on monitoring and enforcement mechanism of individual international instruments. The body of the thesis is divided into four parts, each of several chapters. The first part of the thesis deals with the development of protection of children in armed conflicts until the adoption of the Convention on the Rights of the Child, and relevant international law documents on the protection of children in armed conflicts. The first part also includes a chapter with the identification of the main problems associated with the protection of children. Second part of the thesis concentrates on the analysis of various instruments of international law regarding the protection of children, that is, of course, the Convention on the Rights of the Child and its Optional Protocols, and following documents regarding protection of children based on this Convention, i.e. The Convention of the International Labour Organization...
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Child soldier in international law
Arlethová, Lucie ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
"Child soldier from the perspective of International Law" (Thesis title) This diploma thesis deals with a protection of a child and relation between international humanitarian law and human rights law. The main emphasis is put on particular legal agreements governing status of children in armed conflicts and providing them with protection. In this work are also discussed merits of particular international conventions, as well as issues of their application and supervision. The first chapter pursues rise in interest of society in position of child soldiers and inspects motives and causes of participation of children in armed conflicts. After that the thesis explores historical connection between children and their involvement in armed conflicts. In the end it considers impact of those conflicts on physical and mental health of children and consequences, which arise by their involvement in armed conflicts. The second chapter focuses on defining fundamental terms such as child and armed conflict. Those terms are studied further in accordance with individual and different ways of interpretation of particular conventions. This chapter points out, that decisive criteria for the involvement of children in government's armed forces or non-state army and therefore for their protection is age. The difference...
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The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...
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The Status of Child Soldiers in International Refugee Law
Homolová, Veronika ; Honusková, Věra (advisor) ; Faix, Martin (referee)
in English - The Status of Child Soldiers in International Refugee Law The main aim of this thesis is to investigate to what extent the international refugee law protects children who flee from armed forces recruitment. The chosen problem was solved using the question whether it is possible to grant a refugee status according to the 1951 Refugee Convention, or a status complementing the refugee status according to regional regulatory instruments, to a child who flees from armed forces recruitment. The conception of the refugee status was divided into constituent elements and it was considered whether children who flee from recruitment into armed forces and former child soldiers comply with attributes of these elements. The first examined element is the inclusion clause. In this part, the thesis examined the following questions: Is recruitment of children into armed forces and their use in hostilities a form of persecution? Can such children be considered a particular social group? Can rejection of participation in armed forces by such children be considered holding a political opinion? Is there a causal link between persecution and membership to a particular social group or between persecution and holding a political opinion in the context of children who flee from recruitment into armed forces?...
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Child Soldier in International Law
Kučerová, Zuzana ; Hýbnerová, Stanislava (advisor) ; Honusková, Věra (referee)
Zuzana Kučerová: Child Soldier in International Law Abstract This thesis deals with child soldiers from the perspective of the international law. It is predominantly concerned with two questions: protection of children from recruiting and their possible criminal responsibility for international crimes. After a short introductory chapter, which covers a brief history of child soldiers, the second part gives an overview of international legal instruments which aim at preventing the underaged from being recruited into armed groups, as well as from taking part in hostilities. Those instruments belong to three different branches of international law: humanitarian law, human rights law and international criminal law. The author concludes that international criminal law in particular is the best instrument to protect children from becoming child soldiers. The reason is that international criminal law applies directly to individuals, including non-state actors such as commanders of paramilitary forces. It is also in force at the times when there is no armed conflict as defined by international humanitarian law. The third part of the work focuses on criminal responsibility of children for international crimes. The major question in this field is whether we can prosecute children for those crimes at all. On the one...
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A child in an armed conflict in the light of Art. 38 of the Convention on the Rights of the Child
Kučerová, Kateřina ; Balaš, Vladimír (advisor) ; Ondřej, Jan (referee)
A Child in an Armed Conflict in the Light of Article 38 of the Convention on the Rights of the Child The thesis aims to transparently elaborate the topic of protection of children in armed conflicts pursuant to the Article 38 of the Convention on the Rights of the Child as well as identification of the main problems associated with the topic and efforts to suggest their solutions. The thesis also focuses on monitoring and enforcement mechanism of individual international instruments. The body of the thesis is divided into four parts, each of several chapters. The first part of the thesis deals with the development of protection of children in armed conflicts until the adoption of the Convention on the Rights of the Child, and relevant international law documents on the protection of children in armed conflicts. The first part also includes a chapter with the identification of the main problems associated with the protection of children. Second part of the thesis concentrates on the analysis of various instruments of international law regarding the protection of children, that is, of course, the Convention on the Rights of the Child and its Optional Protocols, and following documents regarding protection of children based on this Convention, i.e. The Convention of the International Labour Organization...
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Child soldier status in international law and the application of international law to protect him
Dudková, Kristýna ; Pulgret, Miroslav (advisor) ; Kučera, Tomáš (referee)
Children are one of the most vulnerable category of people on the world and their rights are breached very often. Because children do not have enough strong voice to protect themselves, there are many legal documents designated to their protection. However there are some states which are not bound by these documents and there is only limited possibility of enforcement state parties to documents about child protection to follow them. Children's rights are abused during armed conflicts as well, when children are used as child soldiers. My thesis deals with legal documents about status of child soldier in international law, how children are protected against misusing them as child soldiers during armed conflicts by international law, what is a definition of a child and a child soldier in first part. The thesis is focused on legal protection of child soldiers in some areas of the world and how efficient this protection is in next part. Practical part of my thesis shows that the issue of using of child soldiers is still vivid, because children are still used during armed conflicts around the world. I show possible solutions which would decrease number of child soldiers around the world at the end of my thesis.
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Child soldier in international law
Arlethová, Lucie ; Hýbnerová, Stanislava (advisor) ; Ondřej, Jan (referee)
"Child soldier from the perspective of International Law" (Thesis title) This diploma thesis deals with a protection of a child and relation between international humanitarian law and human rights law. The main emphasis is put on particular legal agreements governing status of children in armed conflicts and providing them with protection. In this work are also discussed merits of particular international conventions, as well as issues of their application and supervision. The first chapter pursues rise in interest of society in position of child soldiers and inspects motives and causes of participation of children in armed conflicts. After that the thesis explores historical connection between children and their involvement in armed conflicts. In the end it considers impact of those conflicts on physical and mental health of children and consequences, which arise by their involvement in armed conflicts. The second chapter focuses on defining fundamental terms such as child and armed conflict. Those terms are studied further in accordance with individual and different ways of interpretation of particular conventions. This chapter points out, that decisive criteria for the involvement of children in government's armed forces or non-state army and therefore for their protection is age. The difference...
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