The application of the best interests of the child principle to protect the interests of children in armed conflict situations
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Authors
Macharia, Rosalid Nyawira
Issue Date
2015-06
Type
Thesis
Language
en
Keywords
Alternative Title
Abstract
This study aims at testing the applicability of the universal standard for protection of
children, ―the best interests of the child principle‖, to children caught up in armed conflict
situations.
The study introduces the effects of armed conflict on children by discussing two case
studies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and the
LRA as it formerly operated in Northern Uganda. Heart-breaking narrations of child
victims are given prominence to show the invalidity of ―best interests‖ principle in conflict
situations.
It acknowledges that the ―best interests‖ principle is a good tool for enforcement of
children rights. It analyses the theory of rights in general so as to explain the origin and
importance of rights. Since children‘s rights are part and parcel of human rights, the
study also looks at the international human rights and the regional and international
enforcement mechanisms, though not in details.
This study looks at the various theories justifying the existence of children‘s rights, and
the dichotomy between rights and interests. It also addresses the protection of children
rights and the various discourses advocating for or negating children‘s rights. It
explores the age question with regard to enforcement of children‘s rights based on the
fact that childhood is a dynamic period.
It also critically analyses the ―best interests‖ principle and the various alternative
standards that have been advanced. It concludes that despite the various criticisms,
the ―best interests‖ principle still obtains the better standard for protection of children‘s
rights in peace times subject to being complemented by other rules. The study also
focuses on protection of children under the International Humanitarian Law with specific
focus on civilian protection during armed conflict. It also focuses on the progress made
in international efforts to protect children from the effects of armed conflict.
Finally, reasons are advanced as to why the Best Interests Principle is not applicable in
armed conflict situations, and an alternative standard proposed.
Description
Citation
Macharia, Rosalid Nyawira (2015) The application of the best interests of the child principle to protect the interests of children in armed conflict situations, University of South Africa, Pretoria, <http://hdl.handle.net/10500/18821>