The Forgotten Voices: The rights and realities of war orphans in a legal and humanitarian context.

In 2011, over 153 million orphans existed worldwide—children who had lost their mother, father, or both. In times of conflict, the killing of an individual reverberates beyond the loss of a single life, often dismantling the fragile fabric of families. For children, particularly those in single-parent families or small familial units, this loss can mean the disappearance of their sole caregiver. What does it mean to be a child in a world built for adults, devoid of love, education, and security? For war orphans, the immediate concerns are survival and personal safety, including food security, over more abstract needs like education and emotional care.

War orphans face numerous risks, including forced recruitment into armed groups, sexual violence, human trafficking, and enslavement. Armed conflicts weaken societal structures and protection systems, leaving these children vulnerable. Logistical and economic challenges in war-torn countries further obstruct effective program implementation. While international law prioritizes family reunification to keep children within their communities, war often decimates families, leaving no guardians to provide care. Additionally, many placed children still have one living parent, highlighting complex realities surrounding care arrangements.

This article examines the plight of war orphans during humanitarian emergencies, focusing on those left alone in their regions or amidst internal and external migration. It begins with a review of international and regional legal frameworks, followed by an analysis of national actions, concluding with two case studies: Holocaust orphans' migration to Canada (1947–1952) and the contemporary repatriation of orphans from the Iraq-Syria conflict zone.

International Legal Framework

The legal protection of war orphans’ rights is embedded in international instruments designed to ensure their well-being, security, and development in conflict settings. Central to this protection is the Convention on the Rights of the Child (CRC), adopted in 1989 by the United Nations General Assembly. Article 20 of the CRC mandates special protection and assistance for children temporarily or permanently deprived of their familial environment.

Two Optional Protocols adopted in 2000 further strengthen the CRC. The first, concerning the involvement of children in armed conflict, obliges states to take measures to prevent children under 18 from directly participating in hostilities (Article 1) and prohibits their forced recruitment (Article 4). The second protocol, addressing the sale of children, child prostitution, and child pornography, compels states to legislate against exploitation (Article 3) and promotes international cooperation to combat such practices (Article 7).

Other critical instruments include the 1993 Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, ensuring that adoptions prioritize the child’s best interests, and the International Convention for the Protection of All Persons from Enforced Disappearance, prohibiting forced disappearances under any circumstances (Articles 2 and 3). The UN Guiding Principles on Internal Displacement underscore governments’ responsibility to protect displaced children from violence, exploitation, and indignity (Principle 5).

Effective implementation of these legal frameworks requires robust international cooperation, mobilizing resources from entities like UNICEF and UNHCR to support tailored humanitarian programs. These instruments collectively address issues from forced recruitment and trafficking to family preservation, situating the rights of war orphans at the intersection of human rights, refugee law, and international humanitarian law.

Regional and National Legal Frameworks

Regional instruments complement international efforts to protect war orphans. The American Convention on Human Rights and the African Charter on the Rights and Welfare of the Child provide critical protections despite not explicitly addressing war orphans.

The American Convention, or Pact of San José, emphasizes the right to life (Article 4), protection against arbitrary violence, and the preservation of family ties (Article 17). These provisions are vital during rehabilitation and reintegration phases, ensuring orphans find stability in familial environments. It also prioritizes education (Article 13), a cornerstone for societal reintegration.

Similarly, the African Charter addresses children’s rights with a focus on their physical and mental well-being. Article 22 prohibits harmful activities stemming from a child’s immaturity, including forced recruitment, while Article 11 emphasizes education as a rehabilitation tool. Article 18 encourages states to provide comprehensive social protections, ensuring children’s well-being through robust service networks.

Nationally, tailored legislation and child protection systems are essential. Governments must establish oversight mechanisms and rehabilitation programs to address war-specific trauma. Partnerships with NGOs and civil society can enhance program outreach, ensuring access to psychosocial care, medical services, and inclusive education. Despite regional instruments’ general focus, their provisions underpin broader frameworks that safeguard war orphans’ rights and well-being.

Case Studies: Insights from Historical and Contemporary Contexts

War orphans’ lived experiences often inform legislative evolution. These realities, whether historical or contemporary, underscore the importance of context-specific responses.

1. Holocaust Orphans in Canada (1947–1952)

Antoine Burgard’s work, A New Life in a New Country: Holocaust Orphans’ Pathways to Canada, offers profound insights into the resettlement of orphaned Holocaust survivors. These children, many of whom lost their entire families, faced immense cultural, emotional, and logistical challenges upon arriving in Canada.

Jewish associations, in partnership with UN agencies and Canadian immigration authorities, orchestrated the migration of these children under policies that emphasized education, cultural adaptation, and psychological rehabilitation. Despite these efforts, the resettlement process was far from uniform. Each child brought unique experiences and traumas, making the "one-size-fits-all" approach ineffective.

For instance, language barriers and cultural differences often compounded the trauma of displacement, underscoring the need for tailored interventions. Programs aimed at preserving Jewish cultural identity while integrating orphans into Canadian society played a significant role in their rehabilitation. This case highlighted the necessity of multilevel coordination—spanning international legal principles, national policies, and local implementation.

Moreover, the reintegration of Holocaust orphans into society demonstrated the importance of adaptability in care frameworks. The process shed light on the enduring complexities of balancing the immediate needs for security and health with long-term goals like education and cultural belonging.

1. Repatriation of Orphans from Iraq-Syria Conflict Zones

The plight of children orphaned by the conflicts in Iraq and Syria reveals the ongoing relevance of legal and humanitarian frameworks. Many of these children, born to foreign fighters or abandoned amidst the chaos, have been repatriated to their countries of origin. However, their reintegration has faced significant obstacles.

National governments, often reluctant to accept repatriates due to security concerns, must navigate logistical, political, and social hurdles. For instance, countries like France and Germany have faced public resistance to repatriation efforts, necessitating transparent communication and robust policies. Once repatriated, these children require extensive medical care, psychological support, and educational opportunities.

One striking example involves rehabilitation programs developed in Central Asia, where governments partnered with international organizations such as UNICEF. These initiatives combine de-radicalization programs with efforts to rebuild children’s identities through culturally appropriate education and family tracing.

The trauma experienced by these children underscores the limitations of existing frameworks in addressing post-conflict care. Many orphans exhibit symptoms of post-traumatic stress disorder (PTSD), requiring long-term psychological care. Their experiences also raise questions about the sufficiency of existing legal mechanisms to protect orphans’ rights while balancing national security concerns.

These cases illustrate the importance of collaborative, dynamic approaches. Historical lessons from the Holocaust orphan resettlement reveal the need for individualized care and cultural sensitivity, while contemporary responses to Iraq-Syria orphans demonstrate the role of international cooperation in overcoming logistical and societal challenges.

Conclusion

The protection of war orphans lies at the nexus of legal frameworks, humanitarian action, and societal responsibility. International and regional instruments provide foundational safeguards, while national actions translate these principles into tangible outcomes. Case studies from past and present demonstrate the importance of context-specific, adaptive approaches.

A coordinated effort—involving states, international organizations, civil society, and local communities—is critical to ensuring the rehabilitation, reintegration, and holistic protection of war orphans. Their voices, experiences, and rights must remain central to these efforts, shaping the legal and humanitarian responses of today and tomorrow.

Written by Sophie Alexandra Monseu

May 2023

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Bibliography:

• Burgard, A. (2019-2020). « Une nouvelle vie dans un nouveau pays » : Trajectoires d’orphelins de la Shoah vers le Canada (1947-1952). Études canadiennes / Canadian Studies [En ligne], 86-1 | consulté le 14 janvier 2024. URL : http://journals.openedition.org/eccs/2087 ; DOI : https://doi.org/10.4000/eccs.2087

• Mansour Shehadeh, S., Fumagalli, M., di Chiara Fernandez, M., Zouiten, S., Kosciusko Morizet, A., Lida-Pulik, H. & Speranza, M. (2023). La prise en charge des enfants orphelins de retour de zone irako-syrienne : spécificités cliniques et institutionnelles. La psychiatrie de l'enfant, 66, 283-301. https://doi.org/10.3917/psye.662.0283