105
above, applying Article 29 of the Convention, it is appropriate to consider the
provisions set forth in Article 44 of the Political Constitution of the Republic of
Colombia.218 In this regard, the Constitutional Court of Colombia has pointed out that
Number 3 Article 4 of [Protocol II] grants privileged treatment to children, with the aim
of providing them with the care and support they need, especially with regard to
education and family unity. It also points out that minors under 15 will not be recruited
by armed forces or groups and will not be allowed to participate in the hostilities. The
Court deems that said special protection to children is fully in harmony with the
Constitution, because not only are they in a clearly weak situation (PC Art. 13) in armed
conflicts but the constitution also assigns the highest priority to the rights of children (PC
Art. 44) […]219.
154. Likewise, Articles 38 and 39 of the Convention on the Rights of the Child
provide that:
Article 38
1. States Parties undertake to respect and to ensure respect for rules of international
humanitarian law applicable to them in armed conflicts, which are relevant to the child.
[…]
4. In accordance with their obligations under international humanitarian law to protect
the civilian population in armed conflicts, States Parties shall take all feasible measures
to ensure protection and care of children who are affected by an armed conflict.
Article 39
States Parties shall take all appropriate measures to promote physical and psychological
recovery and social reintegration of a child victim of: any form of neglect, exploitation, or
abuse; torture or any other form of cruel, inhuman or degrading treatment or
punishment; or armed conflicts. Such recovery and reintegration shall take place in an
environment, which fosters the health, self-respect and dignity of the child.
155. The Court deems it necessary to call attention to the specific consequences of
the brutality with which the acts were committed for the boys and girls in the instant
case, in which, inter alia, they have been victims of violence in a situation of armed
conflict, they have been partially orphaned, they have been displaced and their
physical and psychological integrity has been damaged.
156. The special vulnerability of boys and girls due to their condition as such
becomes even more evident in a situation of domestic armed conflict, as in the
instant case, since they are least prepared to adapt or respond to said situation and,
sadly, it is they who suffer its abuse in a disproportionate manner. The Court, citing
the II World Conference on Human Rights, has deemed that
218
See Article 44 of the Constitution of the Republic of Colombia:
“These are basic rights of children: life, physical integrity, health and social security, a balanced diet, their
name and nationality, having a family and not being separated from it, care and love, education and
culture, recreation and free expression of their opinions. They will be protected against all forms of
abandonment, physical or moral violence, kidnapping, sale, sexual abuse, economic or work-related
exploitation and risky work. They will also enjoy all the other rights enshrined in the Constitution, in the
Law and in the international treaties ratified by Colombia.
Families, society and the State have the obligation to provide assistance and protection to children to
ensure their harmonious and comprehensive development and full exercise of their rights. Every person
may demand compliance with this from competent authorities and punishment for those who do not.”
219
See judgment C-225/95 of May 18, 1995, issued by the Constitutional Court, para. 37.
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