Opční protokol k Úmluvě o právech dítěte: významný krok vpřed v oblasti ochrany dětí za ozbrojeného konfliktu
Option log to the Children's Rights Treaty: an important step forward in the sphere of children's protection in war

Summary/Abstract: This article deals with the Optional Protocol to the Convention on the Rights of the Child on the involve­ment of children in armed conflict approved by the Ge­neral Assembly of the United Nations on 25 May 2000. It focuses on key provisions of the Protocol, trying to evaluate them in comparison to the current norms of international law. The most significant progres is marked by provisi­ons increasing the age limit for direct participation in hostilities and compulsory recruitments up to 18 ye­ars. Nevertheless, the protection of these provisions is weakened in many ways - States Parties to the Pro­tocol only undertake to take all feasible measures to ensure the non-participation of children in hostilities and the scope of the provisions is furher narrowed to direct participation. Additionally, Article 4 relative to the participation of children in internal armed con­flicts brings many difficulties, especially in relation to the principle of equal commitments of all parties to the conflict. This article finally comes to the conclusion that despite serious drawbacks, the Optional Protocol to the Convention on the Rights of the Child on the invol­vement of children in armed conflict is a significant step forward in the protection of children in armed conflict.

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