Article 38: Armed conflicts

Convention text

1.

The countries that have signed the Convention undertake to respect the rules of international humanitarian law applicable to children in armed conflicts.

2.

These countries must make sure that children under the age of 15 do not take part in armed conflict.

3.

These countries must not allow children under the age of 15 to join their armed forces. If they allow children aged 15, 16 or 17 to join, they must give priority to the oldest children.

4.

These countries must do everything they can to protect and care for children who suffer because of armed conflict. They are required to do so under international humanitarian law.

Key point

Children in armed conflicts have the right to protection. In addition, children under the age of 15 must not take part in fighting.

Explanation

An armed conflict is a dispute that is fought with weapons. This may be a war between countries, but it may also be fighting between groups within a country. War often causes children to suffer mental health problems for many years afterwards. This may be because of violence, shelling, robbery, mutilation, rape or the loss of family members. That is why children in situations of war need extra protection and care.

It is forbidden to use children as soldiers. Children under the age of 15 may not join the armed forces anywhere in the world. The government must protect children from people who force them to fight. In the Netherlands, young people may start military training from the age of 17. However, they may only take part in wars and peace missions from the age of 18. Some countries allow children to fight in wars. These child soldiers are often forced to do so and are therefore victims of war themselves.

Additional agreements on the protection of children in armed conflicts

The Convention contains three additional agreements. The countries that have signed the Convention decide for themselves whether they also sign these additional agreements and agree to follow them. One of these agreements is about the protection of children in armed conflicts. The Netherlands has signed this additional agreement. You can read the full text here in a Dutch translation.