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Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
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PREAMBLE
[
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]
... The
States Parties
to the present
Protocol
, ...
... Condemning with the gravest
concern
the
recruitment
,
training
and use within and across
national
borders
of
children
in
hostilities
by
armed
groups
distinct from the
armed forces
of a
State
, and recognizing the
responsibility
of those who
recruit
, train and use
children
in this
regard
, ...
ARTICLE-1
[
go to this ARTICLE
]
...
States Parties
shall take all feasible
measures
to ensure that
members
of their
armed forces
who have not attained the
age
of 18
years
do not take a direct part in
hostilities
. ...
ARTICLE-2
[
go to this ARTICLE
]
...
States Parties
shall ensure that
persons
who have not attained the
age
of 18
years
are not compulsorily
recruited
into their
armed forces
. ...
ARTICLE-3
[
go to this ARTICLE
]
... 1.
States Parties
shall raise the
minimum age
for the
voluntary
recruitment
of
persons
into their
national
armed forces
from that set out in
article
38, paragraph 3, of the
Convention on the Rights of the Child
, taking
account
of the
principles
contained in that
article
and recognizing that under the
Convention
persons
under the
age
of 18
years
are entitled to
special protection
. ...
... 2. Each
State Party
shall deposit a
binding
declaration
upon
ratification
of or
accession
to the present
Protocol
that sets forth the
minimum age
at which it will
permit
voluntary
recruitment
into its
national
armed forces
and a
description
of the
safeguards
it has
adopted
to ensure that such
recruitment
is not forced or coerced. ...
... 3.
States Parties
that
permit
voluntary
recruitment
into their
national
armed forces
under the
age
of 18
years
shall maintain
safeguards
to ensure, as a
minimum
, that: ...
... 4. Each
State Party
may strengthen its
declaration
at any
time
by
notification
to that
effect
addressed to the
Secretary-General of the United Nations
, who shall inform all
States Parties
. Such
notification
shall take
effect
on the
date
on which it is
received
by the
Secretary-General
. ...
... 4. Each
State Party
may strengthen its
declaration
at any
time
by
notification
to that
effect
addressed to the
Secretary-General of the United Nations
, who shall inform all
States Parties
. Such
notification
shall take
effect
on the
date
on which it is
received
by the
Secretary-General
. ...
... 5. The
requirement
to raise the
age
in paragraph 1 of the present
article
does not apply to
schools
operated by or under the
control
of the
armed forces
of the
States Parties
, in keeping with
articles
28 and 29 of the
Convention on the Rights of the Child
. ...
ARTICLE-4
[
go to this ARTICLE
]
... 1.
Armed
groups
that are distinct from the
armed forces
of a
State
should not, under any
circumstances
,
recruit
or use in
hostilities
persons
under the
age
of 18
years
. ...
... 2.
States Parties
shall take all feasible
measures
to
prevent
such
recruitment
and use,
including
the
adoption
of
legal
measures
necessary to
prohibit
and criminalize such practices. ...
ARTICLE-5
[
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]
... Nothing in the present
Protocol
shall be construed as precluding
provisions
in the
law
of a
State Party
or in
international instruments
and
international
humanitarian law
that are more conducive to the realization of the
rights
of the
child
. ...
ARTICLE-6
[
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]
... 1. Each
State Party
shall take all necessary
legal
,
administrative
and other
measures
to ensure the effective
implementation
and
enforcement
of the
provisions
of the present
Protocol
within its
jurisdiction
. ...
... 2.
States Parties
undertake
to make the
principles
and
provisions
of the present
Protocol
widely known and
promoted
by appropriate means, to
adults
and
children
alike. ...
... 3.
States Parties
shall take all feasible
measures
to ensure that
persons
within their
jurisdiction
recruited
or used in
hostilities
contrary
to the present
Protocol
are demobilized or otherwise released from
service
.
States Parties
shall, when necessary, accord to such
persons
all appropriate
assistance
for their
physical
and
psychological
recovery
and their
social reintegration
. ...
... 3.
States Parties
shall take all feasible
measures
to ensure that
persons
within their
jurisdiction
recruited
or used in
hostilities
contrary
to the present
Protocol
are demobilized or otherwise released from
service
.
States Parties
shall, when necessary, accord to such
persons
all appropriate
assistance
for their
physical
and
psychological
recovery
and their
social reintegration
. ...
ARTICLE-7
[
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]
... 1.
States Parties
shall
cooperate
in the
implementation
of the present
Protocol
,
including
in the
prevention
of any
activity
contrary
thereto and in the
rehabilitation
and
social reintegration
of
persons
who are
victims
of
acts
contrary
thereto,
including
through
technical
cooperation
and
financial assistance
. Such
assistance
and
cooperation
will be undertaken in
consultation
with the
States Parties
concerned
and the
relevant
international organizations
. ...
... 1.
States Parties
shall
cooperate
in the
implementation
of the present
Protocol
,
including
in the
prevention
of any
activity
contrary
thereto and in the
rehabilitation
and
social reintegration
of
persons
who are
victims
of
acts
contrary
thereto,
including
through
technical
cooperation
and
financial assistance
. Such
assistance
and
cooperation
will be undertaken in
consultation
with the
States Parties
concerned
and the
relevant
international organizations
. ...
... 2.
States Parties
in a
position
to do so shall provide such
assistance
through
existing
multilateral
,
bilateral
or other
programmes
or,
inter alia
, through a
voluntary
fund
established
in
accordance
with the
rules
of the
General Assembly
. ...
ARTICLE-8
[
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]
... 1. Each
State Party
shall, within two
years
following the
entry into force
of the present
Protocol
for that
State Party
, submit a
report
to the
Committee
on the
Rights
of the
Child
providing comprehensive
information
on the
measures
it has taken to
implement
the
provisions
of the
Protocol
,
including
the
measures
taken to
implement
the
provisions
on
participation
and
recruitment
. ...
... 1. Each
State Party
shall, within two
years
following the
entry into force
of the present
Protocol
for that
State Party
, submit a
report
to the
Committee
on the
Rights
of the
Child
providing comprehensive
information
on the
measures
it has taken to
implement
the
provisions
of the
Protocol
,
including
the
measures
taken to
implement
the
provisions
on
participation
and
recruitment
. ...
... 2. Following the submission of the comprehensive
report
, each
State Party
shall
include
in the
reports
it submits to the
Committee
on the
Rights
of the
Child
, in
accordance
with
article
44 of the
Convention
, any further
information
with
respect
to the
implementation
of the
Protocol
. Other
States Parties
to the
Protocol
shall submit a
report
every five
years
. ...
... 2. Following the submission of the comprehensive
report
, each
State Party
shall
include
in the
reports
it submits to the
Committee
on the
Rights
of the
Child
, in
accordance
with
article
44 of the
Convention
, any further
information
with
respect
to the
implementation
of the
Protocol
. Other
States Parties
to the
Protocol
shall submit a
report
every five
years
. ...
... 3. The
Committee
on the
Rights
of the
Child
may
request
from
States Parties
further
information
relevant
to the
implementation
of the present
Protocol
. ...
ARTICLE-9
[
go to this ARTICLE
]
... 1. The present
Protocol
is
open
for
signature
by any
State
that is a
party
to the
Convention
or has
signed
it. ...
... 2. The present
Protocol
is
subject
to
ratification
and is
open
to
accession
by any
State
.
Instruments of ratification
or
accession
shall be
deposited
with the
Secretary-General of the United Nations
. ...
... 3. The
Secretary-General
, in his
capacity
as
depositary
of the
Convention
and the
Protocol
, shall inform all
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
of each
instrument
of
declaration
pursuant to
article
3. ...
... 3. The
Secretary-General
, in his
capacity
as
depositary
of the
Convention
and the
Protocol
, shall inform all
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
of each
instrument
of
declaration
pursuant to
article
3. ...
ARTICLE-10
[
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]
... 2. For each
State
ratifying
the present
Protocol
or
acceding
to it after its
entry into force
, the
Protocol
shall
enter into force
one
month
after the
date
of the deposit of its own
instrument of ratification
or
accession
. ...
ARTICLE-11
[
go to this ARTICLE
]
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
to the
Secretary
-
General
of the
United Nations
, who shall thereafter inform the other
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. The
denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. If, however, on the
expiry
of that
year
the denouncing
State Party
is engaged in
armed conflict
, the
denunciation
shall not take
effect
before the end of the
armed conflict
. ...
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
to the
Secretary
-
General
of the
United Nations
, who shall thereafter inform the other
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. The
denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. If, however, on the
expiry
of that
year
the denouncing
State Party
is engaged in
armed conflict
, the
denunciation
shall not take
effect
before the end of the
armed conflict
. ...
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
to the
Secretary
-
General
of the
United Nations
, who shall thereafter inform the other
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. The
denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. If, however, on the
expiry
of that
year
the denouncing
State Party
is engaged in
armed conflict
, the
denunciation
shall not take
effect
before the end of the
armed conflict
. ...
... 1. Any
State Party
may
denounce
the present
Protocol
at any
time
by
written notification
to the
Secretary
-
General
of the
United Nations
, who shall thereafter inform the other
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. The
denunciation
shall take
effect
one
year
after the
date of receipt
of the
notification
by the
Secretary-General
. If, however, on the
expiry
of that
year
the denouncing
State Party
is engaged in
armed conflict
, the
denunciation
shall not take
effect
before the end of the
armed conflict
. ...
... 2. Such a
denunciation
shall not have the
effect
of releasing the
State Party
from its
obligations
under the present
Protocol
in
regard
to any
act
that occurs
prior
to the
date
on which the
denunciation
becomes effective. Nor shall such a
denunciation
prejudice
in any way the continued
consideration
of any matter that is already under
consideration
by the
Committee
on the
Rights
of the
Child
prior
to the
date
on which the
denunciation
becomes effective. ...
ARTICLE-12
[
go to this ARTICLE
]
... 1. Any
State Party
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to
States Parties
with a
request
that they indicate whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposals
. In the
event
that, within four
months
from the
date
of such
communication
, at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of
States Parties
present and
voting
at the
conference
shall be submitted to the
General Assembly of the United Nations
for
approval
. ...
... 1. Any
State Party
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to
States Parties
with a
request
that they indicate whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposals
. In the
event
that, within four
months
from the
date
of such
communication
, at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of
States Parties
present and
voting
at the
conference
shall be submitted to the
General Assembly of the United Nations
for
approval
. ...
... 1. Any
State Party
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to
States Parties
with a
request
that they indicate whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposals
. In the
event
that, within four
months
from the
date
of such
communication
, at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of
States Parties
present and
voting
at the
conference
shall be submitted to the
General Assembly of the United Nations
for
approval
. ...
... 1. Any
State Party
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to
States Parties
with a
request
that they indicate whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposals
. In the
event
that, within four
months
from the
date
of such
communication
, at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of
States Parties
present and
voting
at the
conference
shall be submitted to the
General Assembly of the United Nations
for
approval
. ...
... 1. Any
State Party
may
propose
an
amendment
and file it with the
Secretary-General of the United Nations
. The
Secretary-General
shall thereupon
communicate
the proposed
amendment
to
States Parties
with a
request
that they indicate whether they favour a
conference
of
States Parties
for the
purpose
of considering and
voting
upon the
proposals
. In the
event
that, within four
months
from the
date
of such
communication
, at least one third of the
States Parties
favour such a
conference
, the
Secretary-General
shall
convene
the
conference
under the auspices of the
United Nations
. Any
amendment
adopted
by a
majority
of
States Parties
present and
voting
at the
conference
shall be submitted to the
General Assembly of the United Nations
for
approval
. ...
... 2. An
amendment
adopted
in
accordance
with paragraph 1 of the present
article
shall
enter into force
when it has been
approved
by the
General Assembly
and
accepted
by a two-thirds
majority
of
States Parties
. ...
... 3. When an
amendment
enters into
force
, it shall be
binding
on those
States Parties
that have
accepted
it, other
States Parties
still being bound by the
provisions
of the present
Protocol
and any earlier
amendments
they have
accepted
. ...
... 3. When an
amendment
enters into
force
, it shall be
binding
on those
States Parties
that have
accepted
it, other
States Parties
still being bound by the
provisions
of the present
Protocol
and any earlier
amendments
they have
accepted
. ...
ARTICLE-13
[
go to this ARTICLE
]
... 2. The
Secretary-General of the United Nations
shall transmit
certified copies
of the present
Protocol
to all
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. ...
... 2. The
Secretary-General of the United Nations
shall transmit
certified copies
of the present
Protocol
to all
States Parties
to the
Convention
and all
States
that have
signed
the
Convention
. ...
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