Law of Peace and Children’s Human Rights reframes a feminist legal method to children’s particular standing as subjects of human rights, and applies it to the context of peace(making). It asks the child question: Why are children mostly unqualified in the successive peace agreements that constitute peacemaking? Is it justified from the perspective of the law of peace? May children’s rights yield to the pursuance of peace? If not, why are children and their rights mostly unqualified in peacemaking? And, how might this be transformed?
Part I begins by reflecting on the juristic and human rights context. What brings peace processes into being? What law regulates the process? What rights are applicable? And how, if at all, are they accommodated to the context? It provides a framework for applying the child question to the peace processes of South Africa and Northern Ireland in Part II. Through this staged process, the study yields overlapping legal and political opportunities for giving effect to children’s rights in peacemaking, and develops suppositions as to why children are mostly unqualified in peacemaking.
Drawing on broader human rights scholarship, Part III concludes by arguing that effecting human rights based change for children in peacemaking begins by constituting the process with structural mechanisms to ensure their presence as subjects of human rights is qualified and accorded significance in the same. It brings children into being in the staged process, and supports the parties to comply with their broader international human rights obligations and commitments to giving effect to the same.