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Legal Considerations Regarding the Interdiction of Using Children as Spies, Guides or Couriers During Armed Conflicts


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This study performs a detailed examination of the provisions of Article 81 of Law no. 272/2004 for protection and promotion of childrenʼs rights, text of law according to which “No child shall be used a spy, guide or courier during armed conflicts”. Derived from the three fundamental human rights – the right of life, the right to physical integrity and the right to mental integrity, the legal interdiction of using children during armed conflicts as spies, guides or couriers, appears as a real instrument for protection and guarantee of minorsʼ rights, in correlation with their sheltering against the hostilities generated in conflict environments, by avoiding their use as human pawns in the theatres of operations. The lot of substantial information of the study has the vocation to transmit a firm message – to protect the children in case of war and to respect the standards of conduct in armed conflicts.