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Application of sections 52 to 55 Of the Constitution. The Convention on the Rights of the Child was adopted on 20 November 1989 by resolution 44/25 of the General Assembly of the United Nations and entered into force on 2 September 1990. France signed it on 26 January 1990 and ratified it on 2 July 1990. With regard to the protection of children in armed conflict, art. 38 of the Convention provides that States Parties shall take all feasible measures in practice to ensure that persons who have not attained the age of 15 years do not participate directly in hostilities and refrain from enlisting in Their armed forces any person who has not attained the age of 15 years. Protocol I of 1977 Additional to the Geneva Conventions of 1949 (to which France acceded in 2001) obliges only States Parties to take the necessary measures to ensure that children under the age of 15 do not participate directly in the Refrain from recruiting them into their armed forces. In order to raise the minimum age from 15 to 18, the Commission on Human Rights established a working group in 1994 to draw up an additional protocol to the Convention on the Rights of the Child on the participation of children in the Armed conflicts. At the end of difficult negotiations, a compromise text was prepared at the session of the working group of January 2000 and adopted on 25 May 2000 by General Assembly resolution 54/263. The Protocol is additional to the Convention, it supplements several of its provisions. Where the State is both a party to the Convention and the Protocol, the provisions of the Convention supersede those of the Convention concerning the participation of children in armed conflicts. The protocol includes a first set of provisions relating to the age of "child soldiers" for participation in hostilities, compulsory recruitment and voluntary commitment. As regards participation in hostilities, art. 1, by providing that States Parties shall take all feasible measures in practice to ensure that members of their armed forces who have not attained the age of 18 years do not participate directly in hostilities, increased to 18 years The 15-year age prescribed by s. 38, paragraph 2, of the Convention. Art. 1 above marks an improvement in international law on the participation of children in armed conflicts, in relation to Protocol I of 1977 and the 1989 Convention. The focus is now on the age of 18, although in practice States remain free to incorporate children under the age of 18 into their armed forces. During the negotiations, France called for the strengthening of the provisions of Protocol I of 1977 and the 1989 Convention, and called for a ban on the participation of children under 18 years of age in armed conflicts. On that particular point, it met with the opposition of a large number of countries, including the West (United States of America and Great Britain), who wished to set the age of participation in armed conflict to 17 years. By raising the age of children from 15 to 18 years of age to compulsory recruitment, art. 2 has amended s. 38, paragraph 3, of the Convention. From now on, each State Party shall ensure that persons who have not attained the age of 18 years are not subject to compulsory recruitment into their armed forces. Finally, in terms of voluntary commitment, s. 3 establishes the principle that each State Party shall meet "in the years" the minimum age of voluntary commitment in their national armed forces " in relation to that set out in paragraph 3 of Art. 38 of the Convention ', that is to say 15 years. France had argued in favour of raising the age of voluntary recruitment to 17 years (which would have been in line with our legislation and, on the other hand, it was possible to find a balance between those who did not want to change and those who Wanted the age of 18), but again, it met with opposition from a large number of countries, much more reserved. Each State Party shall submit, at the time of its ratification or accession, a binding declaration indicating the minimum age from which it authorizes the voluntary undertaking in its national armed forces. Any State Party may, at any time, strengthen its declaration, that is, raise the minimum age of voluntary commitment. The obligation to raise the minimum age of voluntary commitment does not apply to schools under the administration or control of the armed forces (Article 3 (4)). France was satisfied on this point. The negotiations have revealed the existence of differences in national legislation and the extent to which the practice of certain States differs from French practice. Thus, during the negotiation of the Protocol, the United States, Israel, Kuwait, the Republic of Korea and the United Kingdom wished to set the age of participation in armed conflict to 17 years. With regard to voluntary commitment, some States such as the United Kingdom, Pakistan, or Iran wanted it to be possible at the age of 16. France's 17-year-old option was also supported by South Africa, Germany, Australia, Austria, Brazil, Canada, China, Cuba, the United States, Italy, Norway, New Zealand, the Netherlands, and the United States. Republic of Korea. To date, this protocol has 111 signatories and 50 States Parties. The ratification of the Protocol was authorised by Law 2002-271 of 26 February 2002. The French instrument of ratification was deposited on 5 February 2003. Entered into force on 05-03-2003.

Keywords

FOREIGN AFFAIRS, INTERNATIONAL AGREEMENT, RATIFICATION, OPTIONAL PROTOCOL, CONVENTION, RIGHTS OF THE CHILD, INVOLVEMENT OF CHILDREN, ARMED CONFLICT, CHILD PROTECTION, INTERNATIONAL CONVENTION ON THE RIGHTS OF THE CHILD, CIDE

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JORF no. 96 of April 24, 2003 page 7306
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Decree No. 2003-373 of 15 April 2003 on the publication of the Optional Protocol to the Convention on the Rights of the Child, Concerning the involvement of children in armed conflict, made in New York on May 25, 2000 (1)

NOR: MAEJO330015D ELI: Https://www.legifrance.gouv.fr/eli/decret/2003/4/15/MAEJO330015D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/4/15/2003-373/jo/texte

The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In view of Act No. 2002-271 of 26 February 2002 authorizing the Ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, made in New York on 25 May 2000;
In light of the amended Decree No. 53-192 of 14 March 1953 on the Ratification and publication of international commitments entered into by France;
In view of Decree No. 90-917 of 8 October 1990 on the publication of the Convention on the Rights of the Child, signed in New York on 26 January 1990,
Decline:

Article 1

Optional Protocol to the Convention on the Rights of the Child on Involvement In armed conflicts, made in New York on 25 May 2000, will be published in the Official Journal of the French Republic.

Article 2

The The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex

OPTIONAL PROTOCOL

TO THE CONVENTION ON THE RIGHTS OF THE CHILD CONCERNING THE IMPLICATION OF CHILDREN IN ARMED CONFLICT
States Parties to this Protocol,
Encouraged by the considerable support of the Convention on the Rights of the Child, which indicates a general desire to work for the promotion and protection of the rights of the child,
Reaffirming That the rights of children must be specially protected and that the situation of children, without distinction, be continually improved and that they can flourish and be educated in conditions of peace and security,
Deposed by the harmful and widespread effects of armed conflict on children and their long-term impact on the maintenance of sustainable peace, security and development,
Condemning the fact that children are being taken for Targets in situations of armed conflict as well as direct attacks on sites protected by internatoonal law, including places where many children, such as schools and hospitals, are usually found,
Taking note of The adoption of the Statute of the International Criminal Court, which includes in particular among war crimes, in both international and non-international armed conflicts, the conscription or enlistment of children less than 15 years in the national armed forces or actively involve them in hostilities,
Considering therefore that, in order to further strengthen the rights recognized in the Convention on the Rights of the Child, it is important to To increase the protection of children from any involvement in armed conflict,
Noting that Article 1 of the Convention on the Rights of the Child specifies that, within the meaning of the Convention, a child means any human being of Less than eighteen years of age, unless the majority is reached earlier under the applicable law,
Convinced that the adoption of an optional protocol to the Convention, which would raise the minimum age of enrolment And participation in hostilities, will effectively contribute to the implementation of the principle that the best interests of the child must be a primary consideration in all decisions Concerning,
Noting that the twenty-sixth International Conference of the Red Cross and Red Crescent, held in December 1995, recommended, inter alia, that the parties to a conflict should take all possible measures to ensure that children were not Less than 18 years of age do not take part in hostilities,
Welcoming the adoption by consensus in June 1999 of the International Labour Organization Convention No. 182 (1999) concerning the Prohibition of the Worst Forms of Work of the Children and immediate action for their elimination, which prohibits forced or compulsory recruitment of children for use in armed conflicts,
Condemning with deep concern enrolment, training and The use-within and beyond national borders-of children in hostilities by armed groups distinct from the armed forces of a State, and recognizing the responsibility of those who recruit, train and use children In this regard,
Recalling the obligation for any party to an armed conflict to comply with the provisions of international humanitarian law;
Stressing that this Protocol is without prejudice to the purposes and principles set out in the Charter of United Nations, in particular article 51, and relevant norms of humanitarian law;
Taking into account the fact that conditions of peace and security based on the full respect of the purposes and principles of the Charter of the United Nations and the Respect for applicable human rights instruments are essential to the full protection of children, especially during armed conflicts and under foreign occupation;
Aware of the special needs of children who, Because of their economic and social situation or gender, are particularly vulnerable to recruitment or use in hostilities contrary to this Protocol;
Also aware of the need to take Consider the underlying economic, social and political causes of the participation of children in armed conflict;
Convinced of the need to strengthen international cooperation to ensure physical and psychosocial rehabilitation And the social reintegration of children who are victims of armed conflict;
Encouraging the participation of communities and, in particular, children and child victims, in the dissemination of information and education programmes Concerning the application of this Protocol,
have agreed as follows:

Article 1

States Parties shall take all feasible measures in practice to ensure that members Of their armed forces who have not reached the age of 18 do not participate directly in hostilities.

Article 2

States Parties shall ensure that persons who have not attained their age 18 years of age are not subject to mandatory enrolment in their armed forces.

Article 3

1. States Parties shall report in years the minimum age of voluntary commitment in their national armed forces in relation to that set out in article 38, paragraph 3, of the Convention on the Rights of the Child, taking into account the principles And recognizing that under the Convention, persons under 18 years of age are entitled to special protection.
2. Each State Party shall, upon ratification of this Protocol or Accession to this instrument, a binding declaration indicating the minimum age from which it authorizes the voluntary undertaking in its national armed forces and describing the guarantees it has provided to ensure that this commitment does not Is either not forced or constrained.
3. States Parties which authorise the voluntary undertaking in their national armed forces before the age of eighteen years shall put in place safeguards to ensure, at a minimum, that:
(a) This commitment is indeed voluntary;
(b) This Commitment shall take place with the informed consent of the parents or legal guardians of the person concerned;
c) The persons involved are fully informed of the duties attached to the national military service;
(d) These Individuals provide reliable proof of age before being admitted to service.
4. Any State Party may, at any time, strengthen its declaration by notification to that effect addressed to the Secretary-General of the United Nations, who shall inform all other States Parties. Such notification shall take effect on the date on which it is received by the Secretary-
. The obligation to raise the minimum age of voluntary commitment referred to in paragraph 1 of this Article shall not apply to schools under the administration or control of the armed forces of the States Parties, in accordance with Articles 28 and 29 of the Convention on the Rights of the Child.

Article 4

1. Armed groups which are distinct from the armed forces of a State should under no circumstances recruit or use in hostilities persons under 18 years of age.
2. States Parties shall take all possible measures In practice to prevent the recruitment and use of such persons, including the legal measures necessary to prohibit and criminalize these practices.
3. The application of this Article of the Protocol shall not affect the legal status of any party to an armed conflict.

Article 5

Nothing in this Protocol shall be construed To prevent the application of provisions of the legislation of a State Party, international instruments and international humanitarian law that are more conducive to the realization of the rights of the child.

Article 6

1. Each State Party shall take all necessary legal, administrative and other measures to ensure the effective implementation and enforcement of the provisions of this Protocol within the limits of its jurisdiction.
2. States Parties Undertake to make widely known the principles and provisions of this Protocol, both adults and children, using appropriate means.
3. States Parties shall take all feasible measures in practice to ensure that persons under their jurisdiction who are recruited or used in hostilities in violation of this Protocol are demobilized or Any other way released from military obligations. Where necessary, States Parties shall provide such persons with all appropriate assistance for their physical and psychological recovery and social reintegration.

Article 7

1. States Parties shall cooperate in the implementation of this Protocol, in particular for the prevention of any activity contrary to the latter and for the rehabilitation and social reintegration of persons who are victims of acts contrary to the present Protocol, including through technical cooperation and financial assistance. Such assistance and cooperation shall be in consultation with the States Parties concerned and the relevant international organizations.
2. The States Parties in a position to do so shall provide such assistance through the Multilateral, bilateral or other programmes already in place or, where appropriate, in the framework of a voluntary fund established in accordance with the rules established by the General Assembly.

Article 8

1. Each State Party shall submit, within two years of the entry into force of this Protocol, a report to the Committee on the Rights of the Child containing detailed information on the measures it has taken to provide Effect under the provisions of this Protocol, in particular those concerning participation and enrolment.
2. After the submission of the detailed report, each State Party shall include in its reports to the Committee on the Rights of the Child, In accordance with Article 44 of the Convention any further information concerning the application of this Protocol. The other States Parties to the Protocol report every five years.
3. The Committee on the Rights of the Child may ask the States Parties for further information on the application of this Protocol.

Article 9

1. This Protocol shall be open for signature by any State which is a Party to the Convention or has signed it.
2. This Protocol shall be subject to ratification and shall be open for accession by any State. Instruments of ratification or accession shall be deposited with the Secretary-General of the United
. The Secretary-General, in his capacity as depositary of the Convention and the Protocol, shall inform all States Parties to the Convention and all States which have signed the Convention of the filing of each declaration under Article 3.

Article 10

1. This Protocol shall enter into force three months after the date of deposit of the tenth instrument of ratification or accession.
2. For each State ratifying or acceding to this Protocol after its entry into force, that Protocol shall enter into force. Protocol shall enter into force one month after the date of deposit by that State of its instrument of ratification or accession.

Article 11

1. Any State Party may, at any time, denounce this Protocol by written notification addressed to the Secretary-General of the United Nations, who shall inform the other States Parties to the Convention and all States that have Signed the Convention. The denunciation shall take effect one year after the date on which the Secretary-General has received such notification. However, if, at the end of that one year period, the State Party responsible for the denunciation is engaged in an armed conflict, it shall not take effect before the end of that conflict.
2. Such denunciation shall not relieve the State Party of its Obligations under this Protocol on the basis of any act before the date on which the denunciation takes effect, nor shall it affect in any way the continuation of the consideration of any matter for which the Committee is Entered before the termination date.

Article 12

1. Any State Party may propose an amendment and file it with the Secretary-General of the United Nations. The Committee shall then communicate the proposed amendment to the States Parties, asking them to inform them whether they are in favour of convening a Conference of the States Parties for the consideration of the proposal and its vote. If, within four months from the date of this communication, at least one third of the States Parties favour the convening of such a conference, the Secretary-General shall convene the Conference under the auspices of the Organization United Nations. Any amendment adopted by a majority of the States Parties present and voting at the Conference shall be submitted to the General Assembly for approval.
Any amendment adopted in accordance with the provisions of paragraph 1 of this Article shall enter into force When it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States
. When an amendment enters into force, it shall be binding on the States Parties which have accepted it, the other States Parties shall remain bound by the provisions of this Protocol and any earlier amendments accepted by them.

Article 13

1. This Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.
2. A certified copy of this Protocol to all States Parties to the Convention and to all States that have signed the Convention.

STATEMENT BY THE FRENCH REPUBLIC

France declares Recruit only voluntary candidates of at least seventeen years of age, informed of the rights and duties attached to military status, and that this undertaking, when the candidates have not reached the age of eighteen, cannot be effective Without the consent of the legal representatives.

Done at Paris, 15 April 2003.

Jacques Chirac

By the President of the Republic:

Prime Minister,

Jean-Pierre Raffarin

Foreign Minister,

Dominique de Villepin

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