Principles for Giving Effect to Children's Rights in Peacemaking

Law of Peace and Children’s Human Rights, Chapt 3 and 6.

Principle 1: The self constituting form of peacemaking offers a legal and political opportunity to take legal and other measures to qualify (i.e., officially recognise) children’s standing as subjects of human rights in and through the staged process.

Principle 2:  The complex and evolving plurality of legalities — international law, domestic law and hybrid law of peace — that regulates and constitute peace processes offer a legal basis for the same. 

Principle 3: International human rights law (IHRL)’s applicability — generally and as a constituent part of the UN Charter’s regulatory framework for maintaining international peace and security — is supported by its meta-juridical performativity: it offers a source of legality and human rights universally applicable and legitimated by the international community. 

Principle 4:  Though the obligation to qualify (i.e., officially recognise) children’s agency and associated rights in the staged process may yield (commensurate with the general obligation) to the legitimate aim of pursuing peace in the nascent stages and other strategic points, the obligation to qualify children’s presence and associated rights remains.

Principle 5: The specific aim and form of the prospective legal and other measures taken to ensure children’s presence and associated rights are qualified in the process must of necessity evolve with the form of the successive processes and agreements: the measures may contrive towards and progressively replicate more established measures for qualifying children’s presence in the public sphere. On this see for example framework of evolving prospective measures for giving effect to children’s rights in peacemaking.

Principle 6: Qualifying children’s presence (and ultimately also children’s agency) brings children into being in the staged process, and in doing so, supports the parties to comply with their broader human rights obligations and commitments.