The marginalization of children in transitional justice can be found at various levels, notably in the planning and designing of transitional justice solutions. Their marginalization is perpetuated when children play a role in transitional justice mechanisms; as the practice analyzed in this Article demonstrates, these mechanisms are, at times, unable to address the needs and interests of children. Children’s development rights are intrinsically linked to socioeconomic justice in post-conflict settings, and the lack of consideration of economic and social rights in all transitional justice mechanisms has created a myriad of challenges for the full implementation of children’s rights in transitional justice.

Drawing on the insights from transitional justice theories and human rights frameworks, this Article provides a critical reflection on how and why the rights of children are jeopardized by their interactions with transitional justice mechanisms. While this Article acknowledges the inevitable limitations resulting from the nature and goals of transitional justice mechanisms (in particular international criminal courts and truth commissions), transitional justice must nevertheless evolve to be more inclusive, both in terms of participation as well as in terms of socioeconomic justice, in order to address children’s marginalization.

Continue reading Challenges to the Protection of Children’s Human Rights and the Perpetuated Marginalization of Children in Transnational Justice