Blind Mind: An Analysis on Education Rights Infringement of Child Soldiers

Abstract

An advanced mental attitude generates a successful human being. Such a strong mentality originates with education which is subjected to broad interpretation. Moreover, childhood is where the intellectual development of a man begins. Thus education has been recognized as a fundamental human right to which every child shall be entitled. However, there are instances where children are either recruited in the armed forces or allowed to take part in hostilities. This involvement of children can be present in armed conflicts of both international and non-international nature. In light of that primary research objective is to assess the laws which are to safeguard the right to education of child soldiers. To determine whether a child being a soldier is deprived of right to education as a human right and whether the protection guaranteed under International Humanitarian law and Human Rights law is implemented, are recognised as secondary research objectives. In achieving the research objectives, qualitative method and quantitative method of research would be pursued. Primary sources of law such as statutes, case laws and secondary sources of text books, journal articles, and web articles would therefore be referred. The study would also employ statistics under the quantitative method. Although it seems that issues of armed conflicts are completely dealt with international Humanitarian law it is unforgettable that human rights law intends to safeguard the rights of individuals both at war and peace. Therefore, it follows that educational rights infringement of child soldiers is contrary to both International Humanitarian law and Human Rights law. Furthermore, it is to be noted that such infringement leads to blindness of mind where the particular child?s mentality would not be advanced through education. Thereby thousands of blind minds would result in a tainted society to which no contribution is made by educated men and create a world with no humanity.