Ratification of the Optional
Protocol to the Convention on the Rights of the Child on Children
in Armed Conflict
39. The UK ratified this Protocol on 24 June 2003.
The Protocol commits states to taking all feasible measures to
ensure that members of their armed forces under the age of 18
do not take a direct part in hostilities.[47]
The role and treatment of children in the Armed Forces has recently
been considered by the House of Commons Defence Select Committee,
which recommended that the MoD examine the potential impact of
raising the recruitment age for all three Services to 18, and
that the Armed Forces ensure that those under 18 years of age
are only placed in training environments and accommodation suitable
for their age.[48] We
welcome these proposals as supporting the obligations undertaken
by the UK in ratification of the Protocol.
40. Whilst we welcome ratification of the Protocol,
we retain the concern expressed in our Report on the UN Convention
on the Rights of the Child in relation to the interpretative declaration
made by the UK on ratification of the Protocol. The interpretative
declaration states—
The United
Kingdom understands that article 1 of the Optional Protocol would
not exclude the deployment of members of its armed forces under
the age of 18 to take a direct part in hostilities where: -
a) there is a genuine military need to deploy
their unit or ship to an area in which hostilities are taking
place; and
b) by reason of the nature and urgency of the
situation:-
i) it is not practicable to withdraw such persons
before deployment; or
ii) to do so would undermine the operational
effectiveness of their ship or unit, and thereby put at risk the
successful completion of the military mission and/or the safety
of other personnel.
41. As we stated in our previous report, we consider
this declaration to be overly broad, and to undermine the UK's
commitment, undertaken in the Protocol, not to deploy under-18s
in conflict zones.
Revised European Social Charter
42. The UK is a party to the European Social Charter
1961, the Council of Europe treaty which protects economic, social
and cultural rights. The Revised European Social Charter, which
contains extensions of the rights set out in the Social Charter
of 1961, and some additional rights, was agreed in 1996. The UK
has signed, but has not as yet ratified, the Revised Charter.
The report of the Review states that "the question of future
ratification of the revised charter is kept under constant review"[49]
but does not provide any reasons for continued non-ratification
of the Revised Charter.
43. There is also a collective complaints procedure
under a 1995 Additional Protocol to the Charter, which allows
trade unions, employers' organisations or NGOs to bring complaints
against States for non-binding decision by the European Committee
of Social Rights. To date, the UK has not accepted the right of
collective complaint, a position which contrasts with UK acceptance
of recourse to the European Court of Human Rights in respect of
the ECHR, the Charter's equivalent Council of Europe treaty in
the field of civil and political rights. The Institute of Employment
Rights in its evidence stated that: "the continuing failure
to ratify the collective complaints protocol is particularly egregious"
given the UK's poor record of compliance with the Charter.[50]
44. Mr Lammy told us there was some anxiety about
how the provisions of the revised Charter would be interpreted
under the collective complaints mechanism. However, he assured
us that there was an intention to ratify the Revised Charter at
a future date.[51] We
welcome this, and recommend that the Government should consider
ratification of the revised charter and the collective complaints
mechanism at an early date.
34 Report on International Human Rights Instruments,
Appendix 4 Back
35
ibid. Back
36
ibid. Back
37
We welcomed the government's intention to ratify this protocol
in our Tenth Report of Session 2002-03, op cit., HL Paper 117,
HC 81, para. 91 Back
38
First Report of Session 2004-05, Protocol No 14 to the European
Convention on Human Rights, HL Paper 8, HC 106 Back
39
Protocol 12 has so far been ratified by Albania, Armenia, Bosnia
and Herzegovia; Croatia; Cyprus; Finland; Georgia; the Netherlands;
San Marino; Serbia and Montenegro; and Macedonia. Back
40
Q 11 Back
41
Twenty-first Report of Session 2003-04, The International
Covenant on Economic, Social and Cultural Rights, HL Paper
183, HC 1188, para.113; Fourteenth Report of Session 2004-05,
The Convention on the Elimination of Racial Discrimination,
HL Paper 88, HC 471; Sixth Report of Session 2002-03, The Case
for a Human Rights Commission, HL Paper 67-I, HC 489 Back
42
Twenty-first Report of Session 2003-04, op cit., HL Paper 183,
HC 1188, para. 113 Back
43
Robert Wintemute, Filling the Article 14 "Gap": Government
Ratification and Judicial Control of Protocol No 12 ECHR,
[2004] EHRLR 485 Back
44
Protocol 4 has been ratified by all Member States except Andorra,
Greece, Liechtenstein, Monaco, Spain, Switzerland, Turkey, and
the UK. Back
45
Q 8 Back
46
Report on International Human Rights Instruments, Appendix
6, page 6 and 9 Back
47
Article 1 Back
48
Defence Committee, Third Report of Session 2004-05, Duty of
Care, HC 63-I. See also Memorandum of the Religious Society
of Friends (Quakers) to the Defence Committee in their Third Report
of Session 2004-05, Duty of Care, HC 63- II, Ev 402 Back
49
Report on International Human Rights Instruments, Appendix
6 Back
50
Ev 22 Back
51
QQ 27-28 Back
