Abstract
The article examines the compulsory evacuation of children by force (hereinafter - forced evacuation) as one of the preventive mechanisms for the implementation of special protection of children during armed conflict. This is a new mechanism introduced by the Ukrainian government in March 2023 with the aim of protecting children in the area of hostilities and armed conflicts under martial law. The authors of the article examine the procedure for making a decision on the forced evacuation of children from a particular settlement in an area where hostilities are taking place and the mechanism of its implementation. It is established that evacuation of children during armed conflicts has been implemented before. However, such evacuations were exclusively voluntary and often involved children unaccompanied by legal representatives. The ‘Ukrainian mechanism’ provides for the forced evacuation of children and must be accompanied by one of their legal representatives. The authors note that this mechanism has been approved at the level of the Ukrainian government (the Parliament has not yet adopted any legislative acts). A comparative analysis of the peculiarities of the legal status of a child under international and national legal acts is carried out to take into account the scope of the child's rights and obligations during evacuation. The article concludes that the forced evacuation of children during armed conflict is a necessary preventive mechanism to provide protection to the most vulnerable category of civilians. At the same time, the authors focus on the existing shortcomings which require further regulatory regulation. The purpose of the article is to provide a legal analysis of the evacuation of children during armed conflict at the level of international legal instruments and at the national level, and its specific features established in Ukrainian legislation. The methodological basis of the study are the method of systematic approach, the method of descriptive analysis, the formal legal method and the method of comparative forecasting.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
